[Rev. 2/28/2019 2:24:34 PM]
LAWS OF THE STATE OF NEVADA
κ1961 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FIFTY-FIRST SESSION OF THE LEGISLATURE
1961
________
Senate Bill No. 1Senator Settelmeyer
CHAPTER 1
AN ACT creating the 1961 legislative fund and making an appropriation therefor.
[Approved January 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the salaries, mileage, and the postage and stationery allowances of members of the 1961 Nevada legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, there is hereby appropriated from the general fund in the state treasury the sum of $200,000, which sum shall constitute the 1961 legislative fund.
Sec. 2. The state controller is hereby authorized and required to draw his warrants on the 1961 legislative fund in favor of the members and employees of the senate and assembly for per diem, mileage, stationery allowances, compensation and incidental expenses of the respective houses, when properly certified in accordance with law, and the state treasurer is hereby authorized and required to pay the same.
Sec. 3. Any unexpended portion of the 1961 legislative fund shall revert to the general fund on December 31, 1962.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 9Senator Whitacre
CHAPTER 2
AN ACT authorizing Lyon County, Nevada, to erect and furnish an addition to the county hospital at Yerington; concerning the issuance of bonds for such purpose 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 January 19, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Lyon County, State of Nevada, is hereby authorized and empowered to erect and furnish an addition to the county hospital at Yerington, and to issue general obligation bonds for such purpose in not to exceed the aggregate principal amount of $100,000.
κ1961 Statutes of Nevada, Page 2 (CHAPTER 2, SB 9)κ
furnish an addition to the county hospital at Yerington, and to issue general obligation bonds for such purpose in not to exceed the aggregate principal amount of $100,000.
Sec. 2. The board of county commissioners may submit the question of issuing such general obligation bonds to the electors qualified to vote thereon, at a special, primary or general election, held in accordance with NRS 350.010 to 350.070, inclusive, all laws amendatory thereof, and the laws of the State of Nevada relating to elections insofar as the same can be made applicable. If a majority of both the white and colored ballots cast on the question so submitted are in favor of the issuance of the bonds, the proposal to issue them shall have carried, and the board of county commissioners may thereafter proceed to issue the bonds in accordance with the provisions of this act. If a majority of either the white ballots or the colored ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and the board shall be without power to issue the bonds. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election called for that purpose.
Sec. 3. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in amounts which shall be designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the board. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
Sec. 4. The board is hereby authorized to sell such bonds, at public sale in accordance with NRS 350.120 to 350.160, both inclusive, at one time, or from time to time, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the erecting and furnishing hereby authorized and with the authorization, issuance and sale of such bonds.
κ1961 Statutes of Nevada, Page 3 (CHAPTER 2, SB 9)κ
Sec. 5. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and so far as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any other statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of such interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 6. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 7. This act, without reference to other statutes of the state or to action heretofore taken by the county or city officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued and the hospital addition erected and furnished without adherence to NRS 450.010 to 450.060, and NRS 450.270 to 450.380, all inclusive, and no other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
κ1961 Statutes of Nevada, Page 4 (CHAPTER 2, SB 9)κ
Sec. 8. Bonds issued under the provisions of this act, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 9. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 10. This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 11. If any provisions of this act or the application thereof to any person, association, corporation, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 12. This act shall become effective upon passage and approval.
________
Senate Bill No. 43Senator Parks
CHAPTER 3
AN ACT allowing the board of county commissioners of Mineral County to waive appraisal of certain lands to be purchased from the Federal Government.
[Approved February 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 244.275, the board of county commissioners of Mineral County may waive an appraisal of any land they may purchase pursuant to Public Law 742 of the 86th Congress of the United States; 74 Stat. 880.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 5κ
Assembly Bill No. 7Mineral County Delegation
CHAPTER 4
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved February 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being chapter 45, Statutes of Nevada 1921, as last amended by chapter 5, Statutes of Nevada 1960, at page 5, is hereby amended to read as follows:
Section 19. All moneys received for service or the sale of electrical energy and current distributed by said system, and other revenues accruing therefrom or in connection therewith, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the Mineral County Light and Power Fund, which is hereby created; provided, however, that all moneys deposited by users as meter deposits or line construction deposits shall be kept in a separate fund, to be known as the Mineral county light and power deposit fund, which is likewise hereby created; and the board of commissioners shall set aside 15 percent of the plant capital investment book value to provide for the maintenance and operation of the Mineral County power system.
An amount of money in lieu of franchise tax shall be paid annually to the unincorporated towns of Hawthorne, Mina and Luning as follows:
(a) Ten percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein up to $100,000;
(b) Five percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein from $100,000 to $200,000;
(c) Two and one-half percent of the annual gross revenue from the sale of energy to each unincorporated town and the consumers therein from $200,000 upwards.
Moneys paid to the unincorporated town of Luning in lieu of franchise tax shall be paid into either the Luning Water System Fund or the Luning Town Fund, or divided between such funds, as the board of county commissioners may direct.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 6κ
Assembly Bill No. 6Mineral County Delegation
CHAPTER 5
AN ACT directing the county recorder of Esmeralda County, Nevada, to deliver the original maps of the unincorporated town of Mina, in the county of Mineral, State of Nevada, to the county recorder of Mineral County, Nevada.
[Approved February 9, 1961]
Whereas, A portion of Esmeralda County, Nevada, was detached to create Mineral County, Nevada; and
Whereas, The unincorporated town of Mina, Nevada, was included in such detached portion and is now located in Mineral County; and
Whereas, The original maps of such town remained and now are on file in the office of the county recorder of Esmeralda County; and
Whereas, Mineral County is entitled to have possession of such maps; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county recorder of Esmeralda County, State of Nevada, is hereby directed to deliver to the county recorder of Mineral County, State of Nevada, the original maps of the unincorporated town of Mina, in the county of Mineral, State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 63Committee on Ways and Means
CHAPTER 6
AN ACT providing an additional and supplemental appropriation for district judges salaries and pensions for the fiscal year ending June 30, 1961.
[Approved February 10, 1961]
Whereas, By the provisions of section 8 of chapter 250, Statutes of Nevada 1960, there was appropriated the sum of $236,200 for the payment of district judges salaries and pensions for the fiscal year ending June 30, 1961; and
Whereas, Pursuant to the provisions of NRS 286.305, enacted as chapter 120, Statutes of Nevada 1960, district judges and former district judges are authorized to join the public employees retirement system and the State of Nevada thereafter is required to contribute to the public employees retirement fund and the public employees retirement administrative fund; and
Whereas, Three district judges and one former district judge have elected to join the public employees retirement system pursuant to the provisions of NRS 286.305, thus requiring payment by the State of Nevada of certain contributions to the public employees retirement system funds; and
κ1961 Statutes of Nevada, Page 7 (CHAPTER 6, AB 63)κ
Whereas, Two district judges have retired since July 1, 1960; and
Whereas, Because of such district judges retirement and the election of certain district judges and a former district judge to join the public employees retirement system pursuant to law, the amount appropriated by the provisions of section 8 of chapter 250, Statutes of Nevada 1960, for the fiscal year ending June 30, 1961, will be insufficient; now, therefore,
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, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $13,335 for district judges salaries and pensions as an additional and supplemental appropriation to that allowed and made by section 8 of chapter 250, Statutes of Nevada 1960.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 62Committee on Ways and Means
CHAPTER 7
AN ACT providing an appropriation for the relief of the estate of William D. Hatton, deceased.
[Approved February 10, 1961]
Whereas, By the provisions of NRS 353.130 state warrants are void if not presented for payment within 90 days of issuance; and
Whereas, The state controllers warrant (series 1957-1959) dated May 26, 1958, bearing warrant number 28772, in the amount of $695.75, was heretofore issued by the state controller and the state treasurer payable to the order of William D. Hatton and was not by him presented for payment within the time allowed by law; and
Whereas, William D. Hatton is now deceased and proceedings concerning his estate are now pending in this state; and
Whereas, The amount represented by such state warrant constitutes a debt of the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $695.75 for the relief of the estate of William D. Hatton, deceased. The state controller is hereby directed to draw his warrant for the sum of $695.75 payable to the order of the estate of William D. Hatton, deceased, and the state treasurer is hereby directed to pay such warrant.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 8κ
Assembly Bill No. 61Committee on Ways and Means
CHAPTER 8
AN ACT providing an appropriation for the relief of Elizabeth T. Bitrick.
[Approved February 10, 1961]
Whereas, By the provisions of NRS 353.130 state warrants are void if not presented for payment within 90 days of issuance; and
Whereas, Warrants bearing the following numbers and dates and for the following itemized amounts were heretofore issued by the state controller and the state treasurer, payable to the order of Elizabeth T. Bitrick, and were not by her presented for payment within the time allowed by law:
Warrant Number Date Amount
109591.......................................................... June 5, 1951........................................... $6.68
113805......................................................... June 27, 1951............................................ 1.16
____
$7.84
and
Whereas, Such amounts represented by such stale warrants constitute debts of the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $7.84 for the relief of Elizabeth T. Bitrick. The state controller is hereby directed to draw his warrant for the sum of $7.84 payable to the order of Elizabeth T. Bitrick, and the state treasurer is hereby directed to pay such warrant.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 44Senators Parks and Echeverria
CHAPTER 9
AN ACT to amend chapter 527 of NRS, relating to protection of trees, by adding new sections prohibiting the harvesting of pine nuts by machine; declaring public policy; providing penalties; and providing other matters properly relating thereto.
[Approved February 10, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 527 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act:
Sec. 2. It is hereby declared to be the policy of the State of Nevada to protect the tree known as the single-leaf pinon (Pinus monophylla), which is the official state tree of the State of Nevada, which has from time immemorial been a staple food of the Indians of Nevada, and which may be threatened with extinction in the state if mechanical harvesting of its seed, the pine nut, is permitted.
κ1961 Statutes of Nevada, Page 9 (CHAPTER 9, SB 44)κ
Sec. 3. 1. It is unlawful for any person, firm, company or corporation to use a mechanical device to harvest cones or pine nuts from a pinon tree on lands owned by or under the control of the State of Nevada, or on any private lands without a written permit therefor from the owner or occupant of such private lands or his authorized agent.
2. Any violation of the provisions of this section is a misdemeanor.
3. The state forester firewarden and his representatives and all peace officers shall enforce the provisions of this section.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 50Messrs. Pozzi, Bailey, Bastian and Christensen
CHAPTER 10
AN ACT to amend NRS section 218.670, relating to meetings of the legislative commission, by increasing from three to five the number of members necessary for a quorum.
[Approved February 10, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.670 is hereby amended to read as follows:
218.670 The members of the legislative commission shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the commission. The legislative counsel shall act as the nonvoting recording secretary. The commission shall prescribe rules and regulations for its own management and government. [Three] Five members of the commission shall constitute a quorum, and a quorum may exercise all the power and authority conferred on the commission.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 38Committee on Judiciary
CHAPTER 11
AN ACT to amend NRS section 612.227, relating to lease-purchase agreements of the employment security department, by deleting a provision relating to payment of rentals by such department under such agreements from federal grants.
[Approved February 15, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.227 is hereby amended to read as follows:
612.227 1. The executive director, subject to the provisions of this section, may enter into lease-purchase agreements with any individuals, corporations, associations or partnerships for the purchase of office buildings and the land upon which such buildings are located.
κ1961 Statutes of Nevada, Page 10 (CHAPTER 11, SB 38)κ
corporations, associations or partnerships for the purchase of office buildings and the land upon which such buildings are located. Rentals to the lessor shall be paid by the employment security department, or any agency which may hereafter absorb the employment security program. [, from grants received by the employment security department or state agency for such purposes, to the extent that funds are made available by the Congress of the United States.]
2. The executive director may take title in the name of the State of Nevada to premises which are the subject of such a lease-purchase agreement upon fulfillment of the terms of such agreement.
3. All such lease-purchase agreements heretofore entered into by the executive director are hereby ratified, confirmed and adopted.
4. The State of Nevada hereby assures the Bureau of Employment Security of the United States Department of Labor that upon the amortization of the costs of any building and premises heretofore or hereafter purchased or agreed to be purchased for the use of the employment security department pursuant to such lease-purchase agreement, the employment security department may continue to occupy such building without the payment of rent, and shall be assessed only the reasonable cost of operation and maintenance of such building.
5. If it becomes necessary for the employment security department to be moved from any such building after it has been purchased through the amortization of the cost thereof, the State of Nevada hereby gives assurance that other substantially similar space shall be furnished to the employment security department without further payments by such department or the Bureau of Employment Security of the United States Department of Labor, other than payment of the reasonable cost of operation and maintenance thereof.
6. If it becomes necessary for the employment security department to be moved from any such building before the cost thereof has been completely amortized, the State of Nevada hereby gives assurance that credit will be allowed for the amount of funds granted to the employment security department by the Bureau of Employment Security of the United States Department of Labor for the partial amortization of such building to the end that funds granted by such bureau for the use of substantially similar space will not exceed the amount which the employment security department would have been obligated to pay if it had remained in such premises.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 11κ
Senate Bill No. 53Senator Parks
CHAPTER 12
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line extending from the Lundy generating plant of the Nevada-California power company, situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon, in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved February 17, 1961]
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 45, Statutes of Nevada 1921, as last amended by chapter 48, Statutes of Nevada 1925, at page 55, is hereby amended to read as follows:
Section 2. The board of county commissioners, hereinafter referred to as the Board of Managers, or the Board, shall have authority to enter into any and all necessary contracts with any person, firm or corporation, either within or without the State of Nevada, for the purchase of electric energy and current; or to purchase any existing light and power line or integral part thereof; or to purchase or construct any necessary telephone lines for use in connection with the Mineral County power system; fix rates or tolls thereon; make any and all rules and regulations necessary and proper for the management, operation and control thereof, and may construct and operate branches or distributing lines, and operate substations, transformers and other electrical appliances under the conditions hereinafter provided; provided, however, that nothing herein contained referring to contracts shall be construed as in any way superseding or repealing the provisions of any of the statutes of this state requiring an advertisement for bids for the purchase of materials and supplies in excess of five hundred dollars, as now required by law, or to permit the board to enter into contracts extending beyond their term of office, save and except contracts for the purchase of power or the sale of power; provided further, that in emergency cases the board, by unanimous resolution and order to be entered upon their minutes and reciting such emergency, may direct the purchase of any necessary materials in excess of five hundred dollars value, required for immediate repair of said system, without advertising therefor; provided also, that all contracts entered into by said board of managers with consumers for power service upon an industrial or commercial basis shall specifically require an advance deposit to be made each month of not less than seventy-five percent (75%) of the estimated cost of power to be used by said consumer during the ensuing month, and shall also require that such advance payment must be made and paid to the county treasurer on or before the tenth day of each month, or the service shall be discontinued; such estimate shall be made by the board upon the recommendation of the engineer or general manager of the system, and be based upon the amount of installed and connected motor equipment and hours of use of said consumer.
κ1961 Statutes of Nevada, Page 12 (CHAPTER 12, SB 53)κ
be discontinued; such estimate shall be made by the board upon the recommendation of the engineer or general manager of the system, and be based upon the amount of installed and connected motor equipment and hours of use of said consumer.
The board of managers may also negotiate and enter into loan contracts with the Rural Electrification Administration as authorized by act of the Congress of the United States for the purpose of financing the construction of electrical transmission and generation facilities necessary to the fulfillment of service requirements and responsibilities.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 15Senator Monroe
CHAPTER 13
AN ACT to repeal NRS section 240.080, relating to records required to be kept by notaries public.
[Approved February 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 240.080 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 34Senators Settelmeyer and Echeverria
CHAPTER 14
AN ACT to repeal an act entitled An Act creating the Nevada Olympic Games commission; providing for the organization of such commission and its powers and duties; creating an Olympic Games fund; providing appropriations; and other matters properly relating thereto, approved April 1, 1957; providing for the reversion of funds to the general fund; and providing other matters properly relating thereto.
[Approved February 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 392, Statutes of Nevada 1957, at page 750, is hereby repealed.
Sec. 2. All moneys appropriated to the Olympic Games fund pursuant to chapter 392, Statutes of Nevada 1957, at page 750, and chapter 426, Statutes of Nevada 1959, at page 696, remaining unexpended on the effective date of this act shall revert immediately to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 13κ
Senate Bill No. 37Committee on Finance
CHAPTER 15
AN ACT appropriating $1,500,000 from the general fund in the state treasury for the support of the state planning board for the purpose of completing an engineering building at the University of Nevada, Reno, Nevada, the partial construction, equipping and minimum furnishing of such building being heretofore authorized by law; to amend the title of and to amend an act entitled An Act authorizing and directing the state planning board to cause to be constructed, equipped and furnished in a minimum manner an engineering building at the University of Nevada, Reno, Nevada, at a cost not exceeding the sum of $2,688,272; appropriating the sum of $1,188,272 from the general fund in the state treasury for the purpose of construction, equipment and minimum furnishing in part of such building; providing that the balance necessary to complete such building shall be provided from the proceeds of the sale of general obligation negotiable coupon bonds of the State of Nevada issued and sold pursuant to law; prescribing the powers, duties and responsibilities of the state planning board, the board of regents of the University of Nevada and the attorney general in connection therewith; and providing other matters properly relating thereto, approved March 14, 1960; to repeal an act entitled An Act creating the 1961 state general obligation bond commission and authorizing such commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,500,000, for the purpose of completing the construction, equipment and minimum furnishing of a certain engineering building at the University of Nevada, Reno, Nevada; prescribing other details and conditions concerning such bonds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1961 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; creating the 1961 state general obligation bond commission fund in the state treasury and making an appropriation therefor; and providing other matters properly relating thereto, approved March 14, 1960; and providing other matters properly relating thereto.
[Approved February 17, 1961]
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 for the purpose of completing that certain engineering building at the University of Nevada, Reno, Nevada, the construction, equipment and minimum furnishing of the same being heretofore authorized by the provisions of chapter 212, Statutes of Nevada 1960, there is hereby appropriated from the general fund in the state treasury the sum of $1,500,000.
Sec. 2. Section 1 of chapter 212, Statutes of Nevada 1960, at page 378, is hereby amended to read as follows:
Section 1. The state planning board is hereby authorized and directed to cause to be constructed, equipped and furnished in a minimum manner an engineering building at the University of Nevada, Reno, Nevada, at a cost not exceeding the sum of $2,688,272. For the support of the state planning board in carrying out the provisions of this act for the construction, equipment and minimum furnishing of such building in part there is hereby appropriated from the general fund in the state treasury the sum of $1,188,272. The balance of [not to exceed] $1,500,000 necessary to complete such building shall be provided [from the proceeds of the sale of general obligation negotiable coupon bonds of the State of Nevada issued and sold pursuant to law.]
κ1961 Statutes of Nevada, Page 14 (CHAPTER 15, SB 37)κ
to exceed] $1,500,000 necessary to complete such building shall be provided [from the proceeds of the sale of general obligation negotiable coupon bonds of the State of Nevada issued and sold pursuant to law.] by subsequent direct legislative appropriation from the general fund in the state treasury.
Sec. 3. The title of chapter 212, Statutes of Nevada 1960, at page 378, is hereby amended to read as follows:
An Act authorizing and directing the state planning board to cause to be constructed, equipped and furnished in a minimum manner an engineering building at the University of Nevada, Reno, Nevada, at a cost not exceeding the sum of $2,688,272; appropriating the sum of $1,188,272 from the general fund in the state treasury for the purpose of construction, equipment and minimum furnishing in part of such building; providing that the balance necessary to complete such building shall be provided [from the proceeds of the sale of general obligation negotiable coupon bonds of the State of Nevada issued and sold pursuant to law;] by subsequent direct legislative appropriation from the general fund in the state treasury; prescribing the powers, duties and responsibilities of the state planning board, the board of regents of the University of Nevada and the attorney general in connection therewith; and providing other matters properly relating thereto.
Sec. 4. Chapter 200, Statutes of Nevada 1960, at pages 361 to 365, inclusive, is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 55Committee on Agriculture and Irrigation
CHAPTER 16
AN ACT to amend NRS section 564.040, relating to applications for recording of brands and marks, by deleting the requirement that such applications be endorsed by two owners of legally recorded brands; and by providing other matters properly relating thereto.
[Approved February 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 564.040 is hereby amended to read as follows:
564.040 1. After February 19, 1923, any owner of horses, mules, asses, cattle or hogs in this state desiring to adopt and use thereupon any brand, or brand and mark, or marks, as provided for in NRS 564.010 to 564.150, inclusive, shall, before doing so, forward to the board an application, on a form approved and provided by the board for that purpose, for the recording of such brand, or brand and mark or marks, and receive a certificate of recordation as provided in NRS 564.010 to 564.150, inclusive.
2. The application shall:
κ1961 Statutes of Nevada, Page 15 (CHAPTER 16, SB 55)κ
(a) Include a drawing, exact except as to size, of the brand, together with any earmarks or other marks desired or intended to be used therewith, and the location upon the animal or animals concerned where such brand and earmarks or other marks are desired or intended to be used;
(b) Include a statement of the kinds of livestock upon which the brand or brand and mark or marks is or are to be used;
(c) Include a statement of the approximate boundaries of that part of the state within which it is intended to use the same; and
(d) Include the full name and address of the applicant. [; and
(e) Be endorsed and approved by the owners of two legally recorded brands in use in the same area in which the brand applied for is to be used; but such endorsement and approval shall not be required on applications for the recording of brands already legally recorded in any adjoining state.]
3. For the purpose of NRS 564.010 to 564.150, inclusive, the post office address included in the application shall be considered the legal address of the applicant until the board shall receive from such applicant, in writing, a notice of change of the same, the latest address of record with the board remaining the legal address.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 40Senators Brown, Gallagher, Lamb and Whitacre (By request of the Legislative Commission)
CHAPTER 17
AN ACT making an appropriation from the general fund in the state treasury to enable the attorney general to complete an investigation and inquiry into possible violations of law and unethical conduct and practices regarding placement and adoption of children and to enable the attorney general to publish and disseminate a report thereon; imposing certain duties on the legislative counsel and the legislative commission; and providing other matters properly relating thereto.
[Approved February 17, 1961]
Whereas, The attorney general has heretofore conducted an investigation and inquiry into possible violations of law and unethical conduct and practices regarding placement and adoption of children and has published a preliminary report thereon; and
Whereas, Completion of such investigation and inquiry and the publication and dissemination of a final report on the subject is deemed necessary in order to provide further information upon which the 51st session of the Nevada legislature may act; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $10,000 to enable the attorney general to complete an investigation and inquiry into possible violations of law and unethical conduct and practices regarding placement and adoption of children and to enable the attorney general to publish and disseminate a written report thereon.
κ1961 Statutes of Nevada, Page 16 (CHAPTER 17, SB 40)κ
complete an investigation and inquiry into possible violations of law and unethical conduct and practices regarding placement and adoption of children and to enable the attorney general to publish and disseminate a written report thereon.
Sec. 2. The investigation shall be completed by the attorney general in cooperation with the legislative counsel and under the supervision of the legislative commission.
Sec. 3. Any unexpended portion of the money herein appropriated shall revert to the general fund on July 1, 1961.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 61Committee on Finance
CHAPTER 18
AN ACT making an appropriation to the state department of purchasing for payment of supplies and equipment heretofore furnished by the surplus property division to the Nevada school of industry.
[Approved February 17, 1961]
Whereas, In 1954 the surplus property division of the state department of purchasing transferred certain supplies and equipment to the Nevada school of industry of the value of $232.64; and
Whereas, The sum of $232.64 has never been paid, and if such default in payment continues the Nevada school of industry might be suspended as an eligible donee for Federal Government surplus property; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $232.64 is hereby appropriated from the general fund in the state treasury to the surplus property division of the state department of purchasing as payment for certain supplies and equipment heretofore furnished by such surplus property division to the Nevada school of industry.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 62Committee on Finance
CHAPTER 19
AN ACT making an appropriation to the city of Las Vegas for street paving on Stewart Avenue in the city of Las Vegas, Clark County, Nevada, adjacent to the National Guard armory.
[Approved February 17, 1961]
Whereas, The city of Las Vegas, a municipal corporation located in Clark County, Nevada, has paved Stewart Avenue in such city, and has provided for payment of such improvement by the creation of Assessment District No. B-10; and
κ1961 Statutes of Nevada, Page 17 (CHAPTER 19, SB 62)κ
Whereas, The cost of paving that portion of Stewart Avenue adjacent to the National Guard armory is $3,449, which cost should be paid by the State of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $3,449 is hereby appropriated from the general fund in the state treasury for the payment of paving outlined in the preamble hereto, and the state controller is hereby authorized and directed to draw his warrant in favor of the city of Las Vegas for the sum of $3,449, and the state controller is hereby authorized and directed to pay the same upon the presentation of an authorized claim for such improvements presented by the city of Las Vegas and approved by the state board of examiners.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 46Mr. Young
CHAPTER 20
AN ACT to repeal NRS section 201.260, relating to the crime of Sabbath breaking.
[Approved February 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.260 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 89Committee on Judiciary
CHAPTER 21
AN ACT to amend NRS section 281.171, relating to the travel revolving fund, by changing an internal reference to refer to chapter 356 of NRS rather than chapter 355.
[Approved February 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.171 is hereby amended to read as follows:
281.171 1. There is hereby created the travel revolving fund which shall be used by the state treasurer or his deputy for the purpose of providing advance funds to state officers and employees for travel expenses and subsistence allowances.
κ1961 Statutes of Nevada, Page 18 (CHAPTER 21, AB 89)κ
2. The state treasurer shall deposit the moneys in the travel revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter [355] 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.
3. Notwithstanding any other law, the state treasurer or his deputy shall sign all checks and warrants drawn upon the travel revolving fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 90Committee on Judiciary
CHAPTER 22
AN ACT to amend NRS sections 248.280 and 248.290, relating to the fees of sheriffs of Ormsby and certain other counties, by clarifying the provisions concerning commissions chargeable for selling property under execution.
[Approved February 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 248.280 is hereby amended to read as follows:
248.280 1. The sheriff of Ormsby County shall be entitled to fees as follows:
For serving a summons or complaint or any other process by which an action or proceeding is commenced, on every defendant..................................... .. $2.00
For traveling in making such service, per mile, in going only (to be computed in all cases from the courthouse of the county), for the first 10 miles.......... ...... .50
For each additional mile.............................................................................. .40
If any two or more papers are required to be served in the same suit at the time, where parties live in the same direction, one mileage only shall be charged.
For taking bond or undertaking, in any case in which he is authorized to take the same.................................................................................................................... 1.50
For copy of any writ, process or other paper, when demanded or required by law, for each folio............................................................................................................. .30
For serving a subpena, for each witness summoned.......................................... .50
For serving every notice, rule or order................................................................ 1.00
For traveling, per mile, in serving such subpena, or venire, in going only, for the first 10 miles................................................................................................................. .50
For each additional mile.............................................................................. .40
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
κ1961 Statutes of Nevada, Page 19 (CHAPTER 22, AB 90)κ
For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for delivery of personal property, together with traveling fees, as in cases of summons....................................................................... $3.00
For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereof created by law.............................................................................. 5.00
For making and posting notices and advertising for sale on execution or under any judgment or order of sale, not to include the cost of publication in a newspaper 2.00
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof........................................ 5.00
For serving a writ of possession or restitution, putting any person into possession entitled thereto.................................................................................................. 5.00
For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only, for the first 10 miles........................... .50
For each additional mile.............................................................................. .40
For attending when required on any court, in person or by deputy, for each day, to be paid out of the county treasury................................................................ 5.00
For bringing up a prisoner on habeas corpus, to testify or answer to any court, or for examination as to the cause of his arrest and detention, or to give bail 2.00
For holding each inquest or trial of right of property, when required, to include all services in the matter, except mileage......................................................... 10.00
For serving each subpena in criminal cases......................................................... .50
For summoning each trial jury of 12 persons...................................................... 6.00
For each additional juror................................................................................... .50
2. The sheriff of Ormsby County shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 4 percent [,] ; not exceeding $1,000, but over $500, 2 percent [, on all over $1,000 and not exceeding $1,500,] ; and on all sums [above that amount,] over $1,000, 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent, on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, the same mileage as in civil cases.
(d) For all services in justices courts, the same fees as are allowed to constables.
3. The sheriff shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process and of preserving the same as the court from which the writ or order may issue shall certify to be just and reasonable.
κ1961 Statutes of Nevada, Page 20 (CHAPTER 22, AB 90)κ
court from which the writ or order may issue shall certify to be just and reasonable.
4. In serving subpenas or venires in criminal cases the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution shall be collected from the defendants by virtue of such execution in the same manner as the same may be therein directed to be made.
6. The sheriff shall collect and safely keep all fees, percentages and compensations of whatever kind or nature allowed him by law, for services rendered by him or his deputies, and he shall, on the 5th day of the month next succeeding the month in which such fees, percentages and compensations are collected, pay the same to the county treasurer.
7. At the expiration of each month, the sheriff shall make out and file with the county treasurer a full and accurate statement, under oath, of all fees, percentages and compensations received in his official capacity during the month. He shall file a duplicate copy with the board of county commissioners, in which statement he shall set forth the causes in which and the services for which such compensations were received, and the board of county commissioners is prohibited from allowing the salary to the sheriff if he fails to comply with the provisions of this section.
8. The sheriff shall not perform any service except for the county or state until the fees prescribed by law are paid.
Sec. 2. NRS 248.290 is hereby amended to read as follows:
248.290 1. Except as provided in NRS 248.265 to 248.280, inclusive, sheriffs in counties wherein the total vote at the last general election did not exceed 800, and sheriffs in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:
Counties Counties
polling polling
800 votes over 800
or less votes
For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant...................................................................... $2.00 $1.50
For traveling in making such service, per mile, in going only, to be computed in all cases from the courthouse of the county:
In counties polling 800 votes or less:
For the first 10 miles....................................... .50
For each additional mile................................. .40
In counties polling over 800 votes..................... .15
If any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the courthouse, one mileage only shall be charged.
κ1961 Statutes of Nevada, Page 21 (CHAPTER 22, AB 90)κ
Counties Counties
polling polling
800 votes over 800
or less votes
For taking bond or undertaking in any case in which he is authorized to take the same....................................... $1.50 $1.00
For copy of any writ, process or other paper, when demanded or required by law, for each folio................................... .30 .25
For serving every notice, rule or order........................... 1.00 .50
For serving a subpena, for each witness summoned... .50 .25
For traveling per mile, in serving such subpoena, or venire, in going only:
In counties polling 800 votes or less:
For the first 10 miles....................................... ........ .50
For each additional mile................................. ........ .40
In counties polling over 800 votes..................... ..... .15
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery of personal property, with traveling fees as in cases of summons 3.00 2.00
For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereon created by law 5.00 4.00
For making and posting notices, and advertising for sale, on execution or order, any judgment or order of sale, not to include the cost of publication in a newspaper...... 2.00 1.50
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof........................................................................... 5.00 3.00
For serving a writ of possession or restitution, putting any person in possession entitled thereto................................... 5.00 3.00
For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only:
In counties polling 800 votes or less:
For the first 10 miles....................................... ........ .50
For each additional mile................................. ........ .40
In counties polling over 800 votes..................... ..... .15
For attending, when required, on any court of record, in person or by deputy, for each day, to be paid out of the county treasury 5.00................................................................... 4.00
κ1961 Statutes of Nevada, Page 22 (CHAPTER 22, AB 90)κ
Counties Counties
polling polling
800 votes over 800
or less votes
For bringing up a prisoner on habeas corpus, to testify or answer to any court or for examination as to the cause of his arrest or detention, or to give bail............................................ $2.00 $1.50
For holding each inquest or trial of right of property, when required, to include all services except mileage...... 10.00 7.50
For attending on the supreme court, either in person or by deputy, to be paid out of the state treasury as other claims, for each day................................................................................. 8.00 6.00
For every arrest in a criminal proceeding....................... 3.00 2.00
For serving each subpena in criminal cases.................. .50 .40
For summoning each trial jury:
In counties polling 800 votes or less:
For summoning each jury of 12 persons............ 6.00
For each additional juror......................................... .50
In counties polling over 800 votes, for summoning each trial juror................................................................. .30
2. Sheriffs in counties wherein the total vote at the last general election did not exceed 800 shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised, and sold, on the first $500, 4 percent; not exceeding $1,000, but over $500, 2 percent; [on all over $1,000 and not exceeding $1,500,] and on all sums [above that amount,] over $1,000, 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent; on all over that sum, one-half of 1 percent.
3. Sheriffs in counties wherein the total vote at the last general election exceeded 800 shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 3 percent; not exceeding $1,500, but over $500, 1.5 percent; and on all sums over $1,500, three-fourths of 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of 1 percent.
4. Each sheriff shall also be allowed:
(a) Such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.
κ1961 Statutes of Nevada, Page 23 (CHAPTER 22, AB 90)κ
(b) For service of any process in criminal cases, the same mileage as in civil cases.
(c) For all services in justices courts, the same fees as are allowed to constables.
5. In serving subpenas or venires in criminal cases, each sheriff shall receive mileage for the most distant only, when witnesses and jurors live in the same direction.
6. The fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made.
7. Sheriffs 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, except fees which may be retained as compensation.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 91Committee on Judiciary
CHAPTER 23
AN ACT to amend NRS section 107.080, relating to a trustees power of sale under a deed of trust, by clarifying the provision concerning the time when such power may be exercised.
[Approved February 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 107.080 is hereby amended to read as follows:
107.080 1. Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security.
2. The power of sale shall not be exercised, however, until:
(a) In the case of any trust agreement coming into force on or after July 1, 1949, and before July 1, 1957, the grantor has for a period of 15 days failed to make good his deficiency in performance or payment, and, in the case of any trust agreement coming into force on or after July 1, 1957, the grantor has for a period of 35 days failed to make good his deficiency in performance or payment; and
(b) The beneficiary shall first record in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and
(c) Not less than 3 months [shall thereafter elapse before the making of such sale.] have elapsed after the recording of such notice.
κ1961 Statutes of Nevada, Page 24 (CHAPTER 23, AB 91)κ
3. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, prior to the making thereof, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.
4. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor without equity or right of redemption.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 98Committee on Judiciary
CHAPTER 24
AN ACT to amend NRS section 361.267, relating to reports of storagemen to county assessors of property held in storage, by providing that failure to submit such report or refusal to permit inspection of such property is a misdemeanor.
[Approved February 17, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.267 is hereby amended to read as follows:
361.267 1. Any association, firm, partnership, corporation or individual who furnishes storage for personal property shall, on or before August 1 of each year, submit a written report, verified by the person in charge of such property, to the county assessor of the county where such property is stored, containing accurate and complete information concerning all personal property held in storage on July 1 of such year, including the names and residence addresses of the owners thereof.
2. The report shall be made in the form prescribed by the Nevada tax commission.
3. The Nevada tax commission, its designated representative or the county assessor may investigate and inspect such property, and no person may refuse to permit such investigation or inspection.
4. Any violation of this section is a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 25κ
Assembly Bill No. 72Mr. Howard
CHAPTER 25
AN ACT authorizing and directing the state board of military auditors to expend the sum of $7,315.36 in the adjutant generals special fund for furnishing and equipment of national guard armories in the State of Nevada; providing for the termination of the fund; and providing other matters properly relating thereto.
[Approved February 23, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state board of military auditors is hereby authorized and directed to expend the sum of $7,315.36 in the adjutant generals special fund, which bears the state controllers code No. 22902, for furnishing and equipment of national guard armories in the State of Nevada. Immediately upon expenditure of such moneys, the existence of the fund shall terminate.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 34Messrs. Buckingham and Howard
CHAPTER 26
AN ACT to amend chapter 502 of NRS, relating to licenses, tags and permits issued by the state board of fish and game commissioners, by adding a new section requiring the commission to issue licenses to blind persons under certain conditions; and providing other matters properly relating thereto.
[Approved February 23, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 502 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission shall issue to a blind person, as defined in subsection 2 of NRS 361.085, any license authorized to be issued by the commission under the provisions of this chapter. Such license shall:
1. Authorize a person selected by the blind person to hunt or fish on his behalf if:
(a) The person selected is a resident of the State of Nevada and possesses a valid Nevada hunting or fishing license; and
(b) The blind person is in the company of or in the immediate area of the person selected.
2. Be issued pursuant and subject to regulations prescribed by the commission.
3. Contain the word Blind printed on the face of the license.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 26κ
Assembly Bill No. 10Messrs. Pozzi and Waters
CHAPTER 27
AN ACT to amend NRS section 381.120, relating to the employment of a director, curators, assistants and employees of the Nevada state museum, by fixing a limit on the annual salary of the director; to repeal NRS section 381.130, which fixes the salary of the director of the Nevada state museum at $7,260.
[Approved February 23, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 381.130 is hereby repealed.
Sec. 2. NRS 381.120 is hereby amended to read as follows:
381.120 1. [The] Except as provided in subsection 2, the board of trustees shall have the power to employ and fix the duties, powers, compensations and conditions of employment of the director and all curators, assistants, janitors, laborers, guards and employees of the Nevada state museum.
2. The annual salary of the director of the Nevada state museum shall be fixed in an amount not to exceed $7,920.
3. The staff of the Nevada state museum shall be in the unclassified service of the state, but the custodial, clerical and maintenance employees of the museum shall be in the classified service.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 63Committee on Finance
CHAPTER 28
AN ACT to amend NRS section 286.250, relating to the public employees retirement board revolving fund, by increasing the amount of such fund from $125,000 to $175,000; and by providing other matters properly relating thereto.
[Approved February 23, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.250 is hereby amended to read as follows:
286.250 1. [Upon the written request of the board, the state controller is authorized and directed to draw his warrant in favor of the board in the sum of $125,000, and, upon presentation of the same to the state treasurer, he is authorized and directed to pay the same from the public employees retirement fund.] The public employees retirement board revolving fund is hereby created in the sum of $175,000.
2. The [sum of $125,000 shall be known as the] public employees retirement board revolving fund [, and] shall be used by the board for the purpose of paying retirement and disability allowances and authorized refunds to members of the system and for no other purpose.
κ1961 Statutes of Nevada, Page 27 (CHAPTER 28, SB 63)κ
3. All claims or demands paid by the board from the public employees retirement board revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state, and, when the claims have been approved by the state board of examiners, the state controller shall draw his warrant for the amount of such claim or claims in favor of the public employees retirement board revolving fund, to be paid to the order of the board, and the state treasurer shall pay the same.
4. The board is directed to deposit the public employees retirement board revolving fund in a bank of reputable standing and to secure the deposit by a depository bond satisfactory to the state board of examiners.
5. All checks drawn upon the public employees retirement board revolving fund shall be signed by two persons designated by the board, and the persons so designated shall furnish such bond as shall be directed by the state board of examiners.
Sec. 2. Upon the effective date of this act, the state controller shall draw his warrant in the sum of $50,000 for deposit in the public employees retirement board revolving fund, and the state treasurer shall pay the warrant. The $50,000 shall be in addition to the $125,000 previously appropriated to such fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 17Senators Echeverria and Lemaire
CHAPTER 29
AN ACT to amend NRS sections 433.200, 433.250 and 433.270, relating to the procedure and requirements for the commitment of the mentally ill, inebriates, dipsomaniacs and drug addicts, by authorizing the district judge to assign counsel, order independent examinations and enter orders necessary to protect the rights of the alleged mentally ill person; and providing other matters properly relating thereto.
[Approved February 23, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.200 is hereby amended to read as follows:
433.200 1. The judge of the district court in each judicial district, upon the application of any person under oath setting forth that any person is mentally ill, shall cause the person alleged to be mentally ill to be brought before him at such time and place as he may direct. The judge may direct the clerk of the court to issue subpenas for the attendance of witnesses at the examination of the person [.] , assign counsel to defend such person, require an independent examination in addition to the examinations provided for in subsection 2, and enter such other orders as he may consider necessary to permit a proper determination concerning the mental condition of, and to protect the rights of, the person alleged to be mentally ill.
κ1961 Statutes of Nevada, Page 28 (CHAPTER 29, SB 17)κ
determination concerning the mental condition of, and to protect the rights of, the person alleged to be mentally ill.
2. Persons alleged to be mentally ill shall be given professional examinations by two licensed practicing physicians authorized to practice medicine in Nevada, one of whom shall be a qualified psychiatrist whenever available. Such examinations shall be given within a period of 3 days prior to the hearing, and the physicians shall testify to the court as to the mental condition of the patient and other matters relating to the alleged illness. If the person alleged to be mentally ill is a veteran of the Armed Forces of the United States such examinations may be given by physician employees of the United States Veterans Administration.
3. The judge shall interview the person prior to commitment, unless the interview is waived for cause upon a physicians certificate.
4. If the physicians, after careful examination, shall certify upon oath that the allegation is correct, and if the judge is satisfied that such person is mentally ill, and is unable to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability to provide properly for such care and support, he shall cause the person to be conveyed to the Nevada state hospital, at the expense of the state, and shall place the person in the charge of the superintendent of the hospital. A copy of the complaint, commitment, physicians certificate, and a full and complete transcript of the notes of the official reporter made at the examination of the person before the committing judge shall accompany the person when he is conveyed to the hospital.
5. Each district attorney or his deputy shall appear and represent the state in all commitment proceedings in his county.
6. Each general hospital shall furnish to the Nevada state hospital a comprehensive summary of its clinical and personal records concerning any person committed under this section while a patient at such general hospital. The summary shall accompany the patient at the time of his transfer to the Nevada state hospital.
Sec. 2. NRS 433.250 is hereby amended to read as follows:
433.250 1. Upon the application of any person under oath setting forth that any person, who is a resident of this state as defined by this chapter, is:
(a) So far addicted to the intemperate use of stimulants as to have lost the power of self-control; or
(b) Subject to dipsomania or inebriety; or
(c) A person who habitually takes or otherwise uses any opium, morphine, cocaine or other narcotic or habit-forming drugs,
the judge of the district court in each judicial district shall cause such person to be brought before him at such time and place as he may direct.
2. The district judge may direct the clerk of the court to issue subpenas for the attendance of witnesses at the examination of the person. Such witnesses shall be paid their actual expenses caused by their attendance aforesaid, the amount of expenses to be determined by the district judge and to be paid out of county funds as he shall order.
κ1961 Statutes of Nevada, Page 29 (CHAPTER 29, SB 17)κ
attendance aforesaid, the amount of expenses to be determined by the district judge and to be paid out of county funds as he shall order.
3. The district judge may assign counsel to defend such person, require an independent examination and enter such other orders as he may consider necessary to permit a proper determination of the allegations of illness and to protect the rights of the person alleged to be mentally ill.
Sec. 3. NRS 433.270 is hereby amended to read as follows:
433.270 1. The person alleged to be mentally ill shall be taken before a judge of the district court, to whom the affidavit and warrant of apprehension shall be delivered to be filed with the clerk. The judge shall then inform him of his rights to make a defense to such allegation and to produce witnesses thereto. The judge shall by order fix such time and place for the hearing and examination in open court as will give a reasonable opportunity for the production and examination of witnesses. Such witnesses shall be subpenaed and paid as provided in the hearing upon application. The judge may order that notice of the apprehension of the person and hearing of the allegation be served on such relatives of the person known to be residing in the county as the court deems necessary or proper. The judge may assign counsel to defend such person, require an independent examination and enter such other orders as he may consider necessary to permit a proper determination concerning the mental condition of, and to protect the rights of, the person alleged to be mentally ill.
2. Each district attorney or his deputy shall appear and represent the state in all commitment proceedings in his county.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 127Mr. Bailey
CHAPTER 30
AN ACT to repeal NRS section 396.800, which provides that the University of Nevada Alumni Association is a state agency; to provide for return of moneys of such association in the state treasury; and providing other matters properly relating thereto.
[Approved February 23, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.800 is hereby repealed.
Sec. 2. On July 1, 1961, the state controller shall draw his warrant for and the state treasurer shall pay to the University of Nevada Alumni Association all moneys in the state treasury belonging to such association.
________
κ1961 Statutes of Nevada, Page 30κ
Senate Bill No. 73Senator Monroe
CHAPTER 31
AN ACT to amend NRS section 245.040, relating to office hours of certain county officers, by authorizing county clerks, with consent of the district judge, to close their offices for all purposes except election business and the issuance of marriage licenses on primary or general election days; and by providing other matters properly relating thereto.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 245.040 is hereby amended to read as follows:
245.040 1. Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which shall be kept open on all days except Sundays and nonjudicial days from 9 a. m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p. m. to 5 p. m. for the transaction of public business, but nothing contained herein shall be construed so as to interfere with any duty now required of any public official under any of the election laws of this state. County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but [, except during regular office hours on such days, such offices shall be open for election purposes.] may, with the consent of the district judge of the county, close their offices for all purposes except election business and the issuance of marriage licenses on any day on which the primary or general election is held.
2. Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer shall be kept open for the transaction of public business. Any order so made and entered shall require each office to be kept open for not less than 40 hours during each week [.] , and shall not prevent the county clerk from closing his office for all purposes except election business and the issuance of marriage licenses on primary and general election days as provided in subsection 1.
3. Any officer violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $30, or by imprisonment in the county jail not less than 5 days nor more than 15 days, and if any officer mentioned in subsection 1 shall absent himself from his office except:
(a) When called away from his office by official duties; or
(b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or
κ1961 Statutes of Nevada, Page 31 (CHAPTER 31, SB 73)κ
(c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy duly qualified to act in his absence,
there shall be withheld from his monthly salary that portion thereof as the number of days of absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him.
________
Senate Bill No. 49Senators Monroe and Parks
CHAPTER 32
AN ACT to amend chapter 412 of NRS, relating to the militia of the State of Nevada, by authorizing the state board of military auditors to reconvey to any municipal corporation or other political subdivision any lands conveyed by such subdivision to the State of Nevada for the use of the Nevada National Guard when the board determines such lands are no longer necessary for the use of the Nevada National Guard.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 412 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The state board of military auditors may reconvey to any municipal corporation or other political subdivision of this state any lands that have been or may be conveyed by such subdivision to the State of Nevada for the use of the Nevada National Guard when the board determines that such lands are no longer necessary for the use of the Nevada National Guard.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 32κ
Senate Bill No. 20Senator Echeverria
CHAPTER 33
AN ACT to amend NRS sections 159.120, 160.040 and chapter 417 of NRS, relating to appointment of guardians of incompetents, limitation of the number of wards a guardian may have under the Uniform Veterans Guardianship Act, and the veterans service commissioner, by allowing the veterans service commissioner to act as guardian for more than five wards; and by providing other matters properly relating thereto.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 159.120 is hereby amended to read as follows:
159.120 [Letters] 1. Except as provided in subsection 2, letters of guardianship of an incompetent person or his estate shall be granted to one or more of the persons hereinafter mentioned and they shall be, respectively, entitled in the following order:
[1.] (a) The husband or wife of the incompetent person, or such person as the husband or wife may request to have appointed.
[2.] (b) The children.
[3.] (c) The father or the mother.
[4.] (d) The brother.
[5.] (e) The sister.
[6.] (f) The grandchildren.
[7.] (g) Any other of the kindred of the incompetent person.
[8.] (h) Any competent friend.
[9.] (i) The public administrator.
[10.] (j) The superintendent of the Nevada state hospital.
2. The court may grant letters of guardianship of the estate of an incompetent veteran, who is entitled to benefits from the Veterans Administration, to the veterans service commissioner.
Sec. 2. NRS 160.040 is hereby amended to read as follows:
160.040 1. Except as hereinafter provided it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the Veterans Administration under this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in the case.
2. The limitations of this section shall not apply where the guardian is a bank or trust company acting for the wards estates only.
3. An individual may be guardian of more than five wards if they are all members of the same family.
4. The limitations of this section do not apply to the veterans service commissioner.
Sec. 3. Chapter 417 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1961 Statutes of Nevada, Page 33 (CHAPTER 33, SB 20)κ
1. Subject to the provisions of subsection 2, the commissioner may act as guardian of the estate of:
(a) Any minor child of any deceased veteran;
(b) Any insane or incompetent veteran; or
(c) Any person who is certified by the Veterans Administration as having money due from the Veterans Administration, the payment of which is dependent upon the appointment of a guardian for such person.
2. The commissioner may act as guardian as provided in subsection 1 only if at the time of appointment the estate, exclusive of moneys paid or to be paid by the Federal Government, does not exceed $2,500 in personal property or $3,500 in real property, or $2,500 in personal property and $3,500 in real property.
3. No fee may be allowed or paid to the commissioner for acting as guardian.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 46Committee on Finance
CHAPTER 34
AN ACT appropriating moneys from the state highway fund to the department of motor vehicles for the acquisition of office space in Clark County, Nevada; and providing other matters properly relating thereto.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the state highway fund to the department of motor vehicles the sum of $32,614 for the use of such department in carrying out the provisions of chapter 482 of NRS.
Sec. 2. The moneys hereby appropriated may be used by the department of motor vehicles only for the purpose of leasing office space for the operations of such division in Clark County , Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 34κ
Senate Bill No. 128Senator Brown
CHAPTER 35
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of Chapter I of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended by chapter 68, Statutes of Nevada 1923, at page 80, is hereby amended to read as follows:
Section 3. [Wards-Boundaries-Change Of.] Territory Comprising City. The city of Las Vegas shall consist of all the territory contained within the limits of said city as above described and such territory as may hereafter be annexed to said city. [And for election purposes the election precincts established within the said city limits by the board of commissioners of the county of Clark, State of Nevada, from time to time, shall be and become the election precincts for said city of Las Vegas for all general, special and primary elections held therein.]
Sec. 2. Section 1 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 146, is hereby amended to read as follows:
Section 1. [Board of Commissioners-First Election of.] Composition of Governing Body. The governing body of the city of Las Vegas shall consist of a board of commissioners, composed of a mayor and four commissioners. [, the first election for whom shall be held in the manner and at the time as follows:
First-It shall be the duty of the board of county commissioners of Clark County, on or before the first Tuesday in April, 1911, to issue a proclamation for an election to be held within the limits of the precinct of Las Vegas, said election to be held on the first day in June, 1911. All of the qualified electors of the precinct of Las Vegas, as shown by the registration list at the last general election, shall have the right to vote at such election. Said proclamation shall state:
(a) That the qualified voters of the precinct of Las Vegas shall vote on the question whether they shall accept the charter and be incorporated as a city, pursuant to the provisions as herein set forth;
(b) For the election of a mayor and four commissioners for the city of Las Vegas, to be voted for and elected by the qualified electors of the precinct of Las Vegas;
Second-The board of county commissioners shall cause the said proclamation to be published in some newspaper in the town of Las Vegas for a period of at least two weeks prior to the date of said election, and printed notices of such proclamation shall be posted in three public places in said town. Said proclamation shall fully set forth the purposes of said election, and any and all other or further matters necessary or required to fully and fairly apprise the qualified electors of said precinct of the date, time and place of holding such election, the purpose thereof, the conditions under which the same is held, the name of the inspectors of such election, and such other matters as may be deemed proper in the premises.
κ1961 Statutes of Nevada, Page 35 (CHAPTER 35, SB 128)κ
matters necessary or required to fully and fairly apprise the qualified electors of said precinct of the date, time and place of holding such election, the purpose thereof, the conditions under which the same is held, the name of the inspectors of such election, and such other matters as may be deemed proper in the premises.
Third-All provisions of the law relating to general elections so far as the same can be made applicable, and not inconsistent with the provisions of this act, shall apply to and be observed in the proclamation calling for and the conduct of such election hereinbefore provided for, as well as applied to and observed in the appointment of inspectors making and canvassing the returns of said election.
Fourth-No candidate for office at such election shall be entitled to have his name placed upon the official ballot unless such candidate shall, at least ten days before the date of such election, file in the office of the county clerk of Clark County, a petition signed by at least ten percent of the qualified electors of Las Vegas precinct as shown by the registration list thereof at the last general election; such petition shall show that the nominee therein possesses the qualifications as required by this act for the office for which he is nominated.
Fifth-The board of county commissioners shall authorize and direct the county clerk of said county to cause to be printed a sufficient number of ballots for said election upon which shall appear the names of the candidates for the offices above specified; also the words For the Adoption of the Charter, Against the Adoption of the Charter. The county commissioners shall, at least ten days before the election, also appoint two inspectors and two clerks to conduct said election, and they shall conduct said election in accordance with the laws of the state governing elections. The officers of such election shall make returns to the board of county commissioners, who shall, within five days thereafter, meet and canvass said vote, and shall cause to be entered upon their minutes the result of such canvass. They shall first canvass the votes for and against the adoption of the charter. If from such canvass they find that a majority of the electors have voted against the adoption of this charter, then they shall declare this charter rejected, and the offices to be filled at said election dissolved. If at said election and canvass they find that a majority of said votes have been cast in favor of the adoption of this charter, then they shall proceed to canvass the votes cast for the various officers under this charter and proclaim as follows: Said board of county commissioners shall cause a certificate of election to issue to person receiving the highest number of votes for mayor. The candidate receiving the highest number in each class, as in this act provided, shall be declared elected to the office of commissioner for the city of Las Vegas by the board of county commissioners of Clark County, who shall thereupon cause a certificate of election to be issued to such persons. The said board of county commissioners shall cause all the expenses of printing and publishing the said proclamation and of holding such election to be paid out of the town fund of Las Vegas.]
Sec. 3. Section 3 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 33, Statutes of Nevada 1957, at page 35, is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 36 (CHAPTER 35, SB 128)κ
chapter 132, Statutes of Nevada 1911, as last amended by chapter 33, Statutes of Nevada 1957, at page 35, is hereby amended to read as follows:
Section 3. Officers, Election of-Elections, When and How Held; Commissioners Classes of Ballot. On the first Tuesday after the first Monday in May 1957, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for the two commissioners offices, the same being those designated as commissioners 2 and 4 whose terms expire in June 1957, a city attorney, and a judge of the municipal court.
On the first Tuesday after the first Monday in May 1959, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for mayor, two commissioners offices, the same being those designated as commissioners 1 and 3.
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk, not less than thirty (30) days nor more than forty (40) days before the primary election. If the last day limited for filing an affidavit of candidacy 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. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
If, in the primary municipal election, one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general municipal election. If, in the primary municipal election, no candidate shall receive a majority of votes cast in that election for which he is a candidate, then the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general city election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1957, at which time there shall be elected two commissioners, as hereinbefore provided, one city attorney, and one judge of the municipal court. All candidates, at the general municipal election, shall be voted on by the electors of the city at large.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1957, and on the same day every four years thereafter, at which time there shall be elected two commissioners, the same being designated as commissioners 2 and 4, a city attorney and a judge of the municipal court. All candidates shall be voted upon by the electors of the city at large.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1959, and on the same day every four years thereafter, at which time there shall be elected a mayor and two commissioners, the same being designated as commissioners 1 and 3.
κ1961 Statutes of Nevada, Page 37 (CHAPTER 35, SB 128)κ
mayor and two commissioners, the same being designated as commissioners 1 and 3. All candidates shall be voted upon by the electors of the city at large.
The board of commissioners of said city shall, not later than the first Tuesday in March of each year in which said city elections are to be held, order such elections and shall determine the places in said city for holding the same. The mayor of said city shall forthwith make proclamation thereof, and otherwise said elections and the manner of holding the same shall be governed by the laws of the State of Nevada governing [primary and general] elections, [so far as the same may be applicable thereto,] and in the event there shall be any failure on the part of the general laws of the state to provide for some feature of said city elections, then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected as provided for in this act shall be voted for and elected separately and shall be designated on the official ballot by numbering the same 1, 2, 3, and 4. Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of the class to which he desires to become a candidate and his name shall be placed on the official ballots beneath the number he selected, and each voter shall vote for only one candidate in each class.
The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May 1953 shall hold office until the first regular meeting of the board of commissioners next succeeding that in which canvass of returns is made following the general municipal election to be held in June 1957.
Sec. 4. Section 4 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended by chapter 40, Statutes of Nevada 1929, at page 55, is hereby amended to read as follows:
Section 4. Registration-Election-Registry Agent-Nomination-Canvass-Tie Vote Procedure. The conduct of carrying on all special city elections, not otherwise provided for, shall be under the control of the board of city commissioners and they shall order such elections and shall determine the time and the places in said city for holding the same, and the mayor of said city shall forthwith make proclamation thereof. Said board of city commissioners shall appoint the necessary officers for the conduct of all special elections not otherwise provided for in this charter and do all other or further things required to hold such elections. All persons who reside within the exterior boundaries of the city of Las Vegas at the time of holding any city election and are qualified to vote at said election and whose names appear upon the official register of voters in and for said city shall have the right to vote at each city election, whether regular or special, and for all offices to be voted for and on all questions that may be submitted to the people at any such general or special city election. It shall not be necessary to have a new registration of electors preceding any general or special municipal election. During the time intervening between the closing of any registration of electors at the last preceding general election and the date of the next ensuing general or special municipal election, the county clerk of Clark County shall prepare and certify from the official register of the last preceding general election in suitable books, one for each precinct or voting district within said city, the names of all electors contained in said official register, alphabetically arranged, surname first, who reside within the exterior boundaries of said city and are qualified to vote at said election, together with all other entries found opposite such name; provided, that before delivering the copy of registration list as prepared by him in accordance herewith said county clerk shall enter thereon all the names of electors qualified to vote at said ensuing municipal election, who have registered in his office or before any duly authorized registry agent, subsequent to the preceding general election and prior to the close of registration for said ensuing general municipal election, together with the names of all electors who shall have moved from one precinct to another in said city and by him legally transferred.
κ1961 Statutes of Nevada, Page 38 (CHAPTER 35, SB 128)κ
prepare and certify from the official register of the last preceding general election in suitable books, one for each precinct or voting district within said city, the names of all electors contained in said official register, alphabetically arranged, surname first, who reside within the exterior boundaries of said city and are qualified to vote at said election, together with all other entries found opposite such name; provided, that before delivering the copy of registration list as prepared by him in accordance herewith said county clerk shall enter thereon all the names of electors qualified to vote at said ensuing municipal election, who have registered in his office or before any duly authorized registry agent, subsequent to the preceding general election and prior to the close of registration for said ensuing general municipal election, together with the names of all electors who shall have moved from one precinct to another in said city and by him legally transferred. Said county clerk of Clark County shall keep in his office the original copy of said registration list and shall, not later than three (3) days preceding the election for which said registration list has been prepared, deliver to the city clerk of the city of Las Vegas one certified list for each precinct or voting district in said city, said certified list to contain the names of voters entitled to vote in the precinct or voting district for which said list is prepared, and none other. The city clerk shall, not later than the day preceding said election, deliver to one of the inspectors of election for each precinct or voting district in said city, the book or list prepared for the precinct or voting district in which said inspector of election is to act. The city clerk shall prepare and deliver to an inspector of election for each precinct or voting district all necessary supplies and equipment as required by the [general election law] election laws for the conduct of [general] elections, such supplies to be delivered to said inspectors not later than the day preceding any general or special municipal election. The board of commissioners of said city shall provide all necessary books and supplies for the carrying out of the purposes of this section, and in addition to the provisions of this section the said election shall in all other respects be conducted and held in accordance with the provisions of the [general] election laws of the State of Nevada, [so far as the same may be applicable and not inconsistent herewith,] and the charter and ordinances of said city of Las Vegas. The said county clerk of Clark County as in this act contained shall be entitled to receive, as full compensation for all services rendered by him under the provisions hereof, the sum of fifteen (15) cents per name of each elector by him copied, regardless of the number of times each name shall be copied, which shall be a valid claim against the said city; and his account shall be made out so as to clearly show the number of names by him copied, and sworn to and filed with the board of commissioners of the city; and said claim, together with all other just and reasonable demands of other persons for books, advertising, and supplies, necessarily incurred in carrying out the requirements of this act, shall be audited and paid out of the general fund of said city; provided, that if the board of commissioners shall deem it necessary and expedient, it shall cause to be printed a list of registered voters.
κ1961 Statutes of Nevada, Page 39 (CHAPTER 35, SB 128)κ
voters. Candidates for any office to be voted for at such municipal election may be nominated in the following manner: A petition of nomination containing the name of the candidate to be nominated, the office for which he is nominated, setting forth his qualifications as required by section 6 of chapter 2 of the above-entitled act, and duly subscribed and sworn to, shall be filed with the city clerk of said city not more than fifty days nor less than thirty days before the day of election. If the last day limited for filing a petition of nomination 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. No certificate of nomination shall contain the name of more than one candidate for each office to be filled. There shall be charged each candidate for filing a fee of five dollars, which shall be paid to the city clerk at the time of filing and go to the general fund of the city. After receiving the petitions of nominations as contained in the above paragraph, the city clerk shall perform each and every act necessary, as now or may hereafter be provided by law, to place the names of the candidates on the ballot; and the [general] election laws of the State of Nevada [wherever and whenever possible] shall be [adopted and be considered] applicable for the uses and purposes of said municipal elections where this act fails to provide for the same. On the Tuesday following any city election in said city of Las Vegas, or as soon thereafter as practicable, the board of commissioners of the city of Las Vegas then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes, and or the adoption or rejection of any proposition or propositions voted on at said election. And in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote, the board of commissioners of the city of Las Vegas shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 40κ
Assembly Bill No. 67Committee on Education
CHAPTER 36
AN ACT to amend NRS sections 392.010 and 392.350, relating to public school pupils who attend schools outside Nevada, by providing that boards of trustees of school districts may pay the costs of tuition and transportation or tuition and subsistence of such pupils not to exceed the per pupil costs for tuition and transportation or tuition and subsistence to the nearest public school in Nevada; and providing other matters properly relating thereto.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.010 is hereby amended to read as follows:
392.010 1. The board of trustees of any school district may, with the approval of the state department of education:
(a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining state or in an adjoining school district within this state; or
(b) Pay tuition for pupils residing in the school district but who attend school in an adjoining state or in an adjoining school district within this state.
2. An agreement shall be entered into between the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school, providing for the payment of such tuition as may be agreed upon, but:
(a) The amount of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil of the school district where such pupil or pupils reside; and
(b) [If tuition is paid to a school district in an adjoining state, the school district in which the pupil or pupils reside shall not pay any costs of board, lodging and subsistence of the pupil or pupils as provided in NRS 392.350; and
(c)] Transportation costs shall be paid by the board of trustees of the school district in which the pupil or pupils reside:
(1) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and
(2) If any are incurred in transporting a pupil or pupils to an adjoining state [; but no transportation costs in excess of costs incurred for transporting a pupil or pupils 30 miles one way or 60 miles round trip shall be allowed and paid.] , subject to the provisions of NRS 392.350.
3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
Sec. 2. NRS 392.350 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 41 (CHAPTER 36, AB 67)κ
392.350 1. When the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed $3 per school attendance day to assist the parents or guardian in defraying the cost of board, lodging and subsistence of the pupil in a city or town, having a public school, in this state or in an adjoining state. If such public school is in an adjoining county, or in an adjoining state, costs for tuition and transportation or for tuition and subsistence shall not exceed the per pupil costs for tuition and transportation or tuition and subsistence to the nearest public school in Nevada.
2. Payment of money in lieu of furnishing transportation may be made only if:
(a) The guardian or parents have been residents in the area for a period of time set by the board of trustees; and
(b) The state department of education approves.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 69Committee on Education
CHAPTER 37
AN ACT to amend chapter 387 of NRS, relating to financial support of the school system, by adding a new section requiring county auditors to return rejected orders for payment of school district moneys to the board of trustees of the school district with reasons for rejection endorsed on the order; to amend NRS section 387.310, relating to preparation and issuance of orders for payment of moneys belonging to school districts, by empowering a majority of the board of trustees of a school district to sign the cumulative vouchers upon which such orders are listed; and providing other matters properly relating thereto.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
If a county auditor refuses to allow any order of the board of trustees for the payment of school district moneys, in whole or in part, he shall immediately return such order to the board with a statement of, and his reasons for, rejection endorsed on the order.
Sec. 2. NRS 387.310 is hereby amended to read as follows:
387.310 1. Subject to the direction of the board of trustees, the clerk of the board shall draw all orders for the payment of moneys belonging to the school district.
2. The orders shall be listed on cumulative voucher sheets and a copy presented to each of the members of the board of trustees present at the meeting and mailed to any absent member; and, when the orders have been approved by a majority of the board of trustees, and the cumulative voucher sheets have been signed by the president and the clerk of the board of trustees, or by a majority of the members of the board of trustees, such orders shall be valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of the funds belonging to such school district.
κ1961 Statutes of Nevada, Page 42 (CHAPTER 37, AB 69)κ
orders have been approved by a majority of the board of trustees, and the cumulative voucher sheets have been signed by the president and the clerk of the board of trustees, or by a majority of the members of the board of trustees, such orders shall be valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of the funds belonging to such school district.
3. No order in favor of the board of trustees or any member thereof, except for authorized travel expenses and subsistence of trustees or for services of any trustee as clerk of the board, shall be drawn.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 70Committee on Education
CHAPTER 38
AN ACT to amend chapter 386 of NRS, relating to local administrative organization of schools, by adding a new section authorizing boards of trustees to accept moneys or property for financial assistance or construction from the Federal Government; to amend NRS sections 387.175 and 387.235, relating to the composition of school district funds, by providing that such funds shall include moneys received from the Federal Government for construction of public schools; and providing other matters properly relating thereto.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 386 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Each board of trustees may accept on behalf of and for the school district any moneys or property under the provisions of:
1. An Act to provide financial assistance for local educational agencies in areas affected by federal activities, and for other purposes, being Public Law 874-81st Congress; and
2. An Act relating to the construction of school facilities in areas affected by federal activities, and for other purposes, being Public Law 815-81st Congress,
as the same have been amended.
Sec. 2. NRS 387.175 is hereby amended to read as follows:
387.175 The county school district fund shall be composed of:
1. All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools.
2. All moneys received from the Federal Government for the construction, maintenance and operation of public schools.
3. Receipts from the sales of school property.
4. Apportionments by the state as provided in NRS 387.125.
5. All moneys transferred in compliance with the provisions of NRS 387.170.
κ1961 Statutes of Nevada, Page 43 (CHAPTER 38, AB 70)κ
6. Any other receipts, including gifts, for the operation and maintenance of the public schools is the county school district.
Sec. 3. NRS 387.235 is hereby amended to read as follows:
387.235 The joint school district fund shall be composed of:
1. All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools.
2. All moneys received from the Federal Government for the construction, maintenance and operation of public schools.
3. Receipts from the sales of school property.
4. Apportionments by the state as provided in NRS 387.125.
5. All moneys transferred in compliance with the provisions of NRS 387.230.
6. Any other receipts, including gifts, for the operation and maintenance of the public schools in the joint school district.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 130Committee on Education
CHAPTER 39
AN ACT to amend chapter 385 of NRS, relating to state education administration, by adding a new section allowing the state board of education to accept gifts of money for education; creating a fund; imposing limitations; and providing other matters properly relating thereto.
[Approved February 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 385 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state board of education may accept gifts of moneys from public and private sources, if the purpose of the gifts specified by the donor is approved by the board and is within the scope of the boards powers and duties. Such moneys shall be deposited in a permanent fund in the state treasury designated as the education gift fund.
2. The moneys available in the education gift fund shall be used only for the purpose specified by the donor, within the limits of subsection 1, and no expenditure shall be made until first approved by the legislature in an authorized expenditure act.
3. If all or part of the moneys accepted by the board from a donor are not expended prior to the end of any fiscal year, the remaining balance of the amount donated shall remain in the education gift fund until needed for the purpose specified by the donor, within the limits of subsections 1 and 2.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 44κ
Assembly Bill No. 109Messrs. Tyson and Gibson
CHAPTER 40
AN ACT appropriating moneys for a water study of Las Vegas Valley; and providing other matters properly relating thereto.
[Approved February 28, 1961]
Whereas, It now appears that Nevada will be allotted water from the Colorado River for beneficial consumptive use in sufficient quantities to take care of the foreseeable future needs in Clark County; and
Whereas, The underground water supply in Las Vegas Valley is definitely limited and the present use is causing the water table continuously to drop with the result that in the future the pumping of the quantities of water now used will become increasingly difficult and expensive; and
Whereas, Within 2 or 3 years the capacity of the present pipeline from Lake Mead to the Las Vegas Valley Water District will be fully utilized with the result that unless additional water can be made available development may be retarded; and
Whereas, A comprehensive study by consulting engineers who are authorities in the field of water utilization and who are experienced in problems similar to those now facing Las Vegas Valley is needed now so that the proper remedial measures can be known and followed to the end that orderly development can go ahead and the potential of southern Nevada can be realized; and
Whereas, The State of Nevada has definite responsibilities in the field of water resources and in the operation of the water laws and therefore has a vital interest in the study as proposed herein; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated to the state department of conservation and natural resources, from the general fund in the state treasury, the sum of $15,000 to provide the means by which the director may engage the services of a well qualified firm of consulting engineers to make a study of the entire water situation in Las Vegas Valley and submit a report containing recommendations as to procedure whereby optimum use can be made of the water supplies available to the area.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 45κ
Assembly Bill No. 174Mr. Swanson
CHAPTER 41
AN ACT to amend NRS section 202.270, relating to the crime of destroying a building with explosives, by limiting the applicability of the section to persons who know or have reason to believe that another person is in the building; and by providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.270 is hereby amended to read as follows:
202.270 1. Every person who shall destroy, or attempt to destroy, with dynamite, nitroglycerine, gunpowder or other high explosive, any dwelling house or other building, knowing or having reason to believe that a human being [being] is therein at the time, shall be guilty of a felony, and upon conviction thereof shall be punished by death or imprisonment for life in the state prison with or without possibility of parole, in the discretion of the jury [.] , or of the court upon a plea of guilty.
2. Any person or persons who shall conspire with others to commit the offense described in subsection 1 shall likewise be guilty of a felony and be subject to the same punishment.
________
Senate Bill No. 45Senators Duffy, Slattery and Lemaire
CHAPTER 42
AN ACT to amend NRS sections 286.540 and 286.550, relating to allowances paid under the Public Employees Retirement Act, by providing that the minimum monthly disability or service retirement allowance shall be the same for all retired members of the system; and by providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.540 is hereby amended to read as follows:
286.540 1. The objective of this chapter shall be to provide each employee, who is a member of the system with the years of service or attained age specified in this chapter, a disability allowance of the amount provided in this chapter and a total service retirement allowance of 50 percent of his average salary for the 5 consecutive highest salaried years of his last 10 years of service for 20 years of service; provided:
(a) That no sum in excess of $600 in any 1 calendar month or $7,200 in any 1 calendar year shall be used in calculating the average salary; and
κ1961 Statutes of Nevada, Page 46 (CHAPTER 42, SB 45)κ
(b) That the average salary shall be calculated only upon that amount of salary from which retirement deductions have been made or upon which retirement deductions would have been made had the employer been a member of the system at the time of service. Not more than $400 per month may be considered as salary for periods prior to July 1, 1959.
(c) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members [who retired prior to January 1, 1960,] shall be:
Service of 10 years [or less].............................................................................. $75
Service of 11 years.............................................................................................. 80
Service of 12 years.............................................................................................. 85
Service of 13 years.............................................................................................. 90
Service of 14 years.............................................................................................. 95
Service of 15 years.............................................................................................. 100
Service of 16 years.............................................................................................. 105
Service of 17 years.............................................................................................. 110
Service of 18 years.............................................................................................. 115
Service of 19 years.............................................................................................. 120
Service of 20 years.............................................................................................. 125
(d) That the minimums established in paragraph (c) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
2. The objective of this chapter shall be deemed applicable to police officers and firemen with 20 continuous years of credit in the system and who have reached the age of 55 years, and to other employees with 20 continuous years of credit in the system and who have reached the age of 60 years.
[3. The monthly service retirement allowance shall be not less than $75 for a person with 20 years or more service.]
Sec. 2. NRS 286.550 is hereby amended to read as follows:
286.550 1. Upon retirement from the service of a participating employer after 20 years of continuous service at retirement age, an eligible employee will receive a monthly service retirement allowance, payable during his lifetime, which will be 50 percent of the average monthly salary for the 5 highest salaried consecutive years of his last 10 years of service; provided:
(a) That no sum in excess of $600 in any 1 calendar month or $7,200 in any 1 calendar year shall be used in calculating the average salary; and
(b) That members with more than 20 years of continuous service shall receive an additional 1.5 percent of average salary for each year of service over 20 years to a maximum of 10 such additional years. Payments for such additional years shall be applicable only to allowances becoming effective on or after January 1, 1959. Fractions of such additional years shall be prorated on the basis of 1.5 percent for each full year.
κ1961 Statutes of Nevada, Page 47 (CHAPTER 42, SB 45)κ
(c) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members [who retired prior to January 1, 1960,] shall be:
Service of 10 years [or less].............................................................................. $75
Service of 11 years.............................................................................................. 80
Service of 12 years.............................................................................................. 85
Service of 13 years.............................................................................................. 90
Service of 14 years.............................................................................................. 95
Service of 15 years.............................................................................................. 100
Service of 16 years.............................................................................................. 105
Service of 17 years.............................................................................................. 110
Service of 18 years.............................................................................................. 115
Service of 19 years.............................................................................................. 120
Service of 20 years.............................................................................................. 125
(d) That the minimums established in paragraph (c) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
2. If the total years of service at retirement is 10 years or more, but less than 20 years, the retirement allowance shall be prorated on the basis of 20 years.
3. In order to be eligible for allowances under this section, unless otherwise specifically provided in this chapter, a police officer or a fireman must have attained the minimum service retirement age of 55 years, and every other employee must have attained the minimum service retirement age of 60 years.
[4. Notwithstanding the foregoing subsections of this section, the monthly retirement allowance shall not be less than $75 for a person with 20 years or more service.]
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 36Messrs. Schouweiler and Briare
CHAPTER 43
AN ACT to amend NRS sections 266.355, 269.170 and 686.020, relating to business licenses and to fees and charges of the commissioner of insurance, by prohibiting licensing of insurance agents by cities, towns and counties except for revenue purposes in cities, towns and counties in which the principal places of business of such agents are located; and by providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.355 is hereby amended to read as follows:
266.355 1. The city council shall have the power to fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including:
κ1961 Statutes of Nevada, Page 48 (CHAPTER 43, AB 36)κ
collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including:
(a) Hotels, lodginghouses accommodating four or more lodgers, and taverns.
(b) Cafes, chophouses, eating houses, lunch counters and restaurants.
(c) Bakeries, butcher shops, cold storage plants, delicatessens, flour mills, grocers, ice peddlers, manufacturers of soda water or other or any soft drinks, and slaughterhouses.
(d) Boot stores, cobblers, dressmaking establishments, milliners, shoe shops and stores, tailors and tailor shops.
(e) Bicycle shops, blacksmith shops, brickyards, car shops, contracting mechanics, contractors, builders, electric supply houses, foundries, garages, ironworks, machine shops, manufacturers, oil refineries, oil wells or tanks, paint or oil stores, planing mills, plumbing shops, pressed brick yards, repair shops, sash and door factories, soap factories, tanneries, tinkers, and tin shops when separate from hardware stores.
(f) Barbershops, cigar stores, confectionery stores, drugstores, dry goods stores of every, any and all kinds, furniture stores, gun stores, gunsmith shops, glass and crockery stores, jewelry stores, notions and notion stores, pipe and tobacco stores, secondhand stores, sporting, hunting and fishing tackle stores, and stationery stores.
(g) Bootblacks and bootblack stands, fruit stands, lemonade stands, newspaper stands, peanut stands, popcorn stands, refreshment or coffee stands, tamale stands or shops, and booths and sheds.
(h) Patent medicine agencies, sewing machine agents, and agencies of any and all kinds.
(i) Advertising by billboards, placards and the like, coal dealers, collection agencies and collectors, cycleries, daily, weekly, semiweekly, monthly and semimonthly newspapers or publications, marble or stone dealers, messenger service establishments, ore purchasers or brokers, sampling works, warehouses, and wood and fuel dealers.
(j) Abstract of title companies or persons furnishing abstracts of title, bankers, brokers of any, every and all kinds, building and loan companies and agents and solicitors for the same. [, insurance companies, fire, life and accident, and agents or solicitors for the same, and surety companies and agents or solicitors for the same.]
(k) Insurance agents who solicit, negotiate or effect contracts of insurance in any of the classifications listed in chapter 681 of NRS, but only for revenue purposes and only if the principal place of business of such agents is located within the city.
(l) Auctioneers, job printers, photographers, real estate agents, real estate solicitors, stockbrokers, undertakers, and upholsterers.
[(l)] (m) Cabs, drays, express wagons, hackney coaches, hacks, job wagons, omnibuses and other public vehicles, and to regulate their charges and to require schedules of charges to be posted in and upon such public vehicles.
κ1961 Statutes of Nevada, Page 49 (CHAPTER 43, AB 36)κ
[(m)] (n) Carpet cleaners, cloth cleaning and dyeing establishments, laundries, and steam renovating works.
[(n)] (o) Electric light companies, express companies, power companies, street railway companies operating in whole or in part within the city, telegraph companies, telephone companies, and water companies.
[(o)] (p) Cattle or horse corrals, horseshoeing shops, livery stables, saddle or harness makers or shops, sale stables, wagonmakers, and wheelwrights.
[(p)] (q) Billiard tables, bowling alleys, circuses, melodeon performances, pool tables, resorts for amusements of all kinds, shooting galleries, shows, table games played with cue and balls or other mechanical device, theaters, theatrical performances, all exhibitions and amusements, and performances of any, every and all kinds for which an admission fee is charged or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away.
[(q)] (r) Barrooms, brewery agencies, brewing companies, manufacturers of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, saloons, and wholesale liquor houses.
[(r)] (s) Games and gaming houses.
[(s)] (t) Merchants of any, every and all kinds.
[(t)] (u) Trades and traders of all kinds.
[(u)] (v) All and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named.
2. In fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession.
Sec. 2. NRS 269.170 is hereby amended to read as follows:
269.170 In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power in any unincorporated town or city in their respective counties:
1. To fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person or firm so licensed, all places of business and amusement so licensed, as follows:
(a) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, undertakers, wood and coal dealers.
(b) Bootmakers, cobblers, dressmakers, milliners, shoemakers, tailors.
(c) Boardinghouses, hotels, lodginghouses, restaurants and refreshment saloons.
(d) Barrooms, gaming, manufacturers of liquors and other beverages, saloons.
(e) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dancehouses, melodeons, menageries, shooting galleries, skating rinks, theaters.
κ1961 Statutes of Nevada, Page 50 (CHAPTER 43, AB 36)κ
other exhibitions, dancehouses, melodeons, menageries, shooting galleries, skating rinks, theaters.
(f) Corrals, hayyards, livery and sale stables, wagonyards.
(g) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies, water companies.
(h) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.
(i) Brokers, commission merchants, factors, general agents, [insurance agents,] mercantile agents, merchants and traders, stockbrokers.
(j) Drummers, hawkers, peddlers, solicitors.
(k) Insurance agents who solicit, negotiate or effect contracts of insurance in any of the classifications listed in chapter 681 of NRS, but only for revenue purposes and only if the principal place of business of such agents is located in such unincorporated town or city.
2. To fix and collect a license tax upon all professions, trades or business within the town or city not heretofore specified.
Sec. 3. NRS 686.020 is hereby amended to read as follows:
686.020 1. The commissioner shall charge, collect and give proper acquittances for the payment of the following fees and charges:
For filing each power of attorney.................................................................... .... $5.00
For an annual license to each fire insurance company to transact business throughout this state.................................................................................. .. 100.00
For an annual license to each life insurance company to transact business throughout this state.................................................................................. .. 100.00
For an annual license to each life and accident insurance company to transact business throughout this state................................................................. .. 100.00
For an annual license to each casualty and surety company to transact business throughout this state.................................................................................. .. 100.00
For an annual license to each underwriters agency, for each company represented in such agency............................................................................................. .... 25.00
For filing an annual company statement........................................................ .... 10.00
For issuing an agents license......................................................................... ...... 2.00
For issuing a solicitors license....................................................................... ...... 2.00
For issuing a nonresident brokers license.................................................... .... 50.00
For issuing any other certificate required or permissible under the law.... ...... 1.00
For issuing a nonresident agents license..................................................... .... 10.00
An applicant for a nonresident agents license or for a nonresident brokers license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, shall pay the resident fee of $2.
For issuing a brokers license.......................................................................... .... 25.00
For each copy of the insurance laws.............................................................. ...... 2.50
2. [The] Notwithstanding the provisions of any general or special law, the possession of a license, under the provisions of this Title, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses, whether for regulation or revenue, required to solicit insurance business within the State of Nevada [.]
κ1961 Statutes of Nevada, Page 51 (CHAPTER 43, AB 36)κ
license and shall be in lieu of all licenses, whether for regulation or revenue, required to solicit insurance business within the State of Nevada [.] , except that each city, town or county may require a license for revenue purposes only for any insurance agent whose principal place of business is located within the city or town or within the county outside the cities and towns of the county, respectively.
3. The amount of the expense incurred in the examination of the conditions and affairs of any company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of the examiner, commissioner or other department representative.
4. At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of $2, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.
________
Assembly Bill No. 60Committee on Ways and Means
CHAPTER 44
AN ACT to amend NRS sections 226.080 and 227.090, relating to the facsimile signatures of the state treasurer and state controller, by allowing such officers to combine facsimile signatures; and by providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 226.080 is hereby amended to read as follows:
226.080 1. The state treasurer is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise; provided:
[1.] (a) That the mechanical devise shall be of such nature that the facsimile may be removed from the mechanical device and kept in a separate secure place; and
[2.] (b) That the facsimile signature of the state treasurer shall be made and used only under his personal direction and supervision; and
[3.] (c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not so in use, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.
2. Subject to the conditions of subsection 1 and the consent of each, the state treasurer and the state controller may combine their facsimile signatures for use in one mechanical device. The facsimile of such combined signatures shall be kept in a separate secure place in the state treasurers office.
κ1961 Statutes of Nevada, Page 52 (CHAPTER 44, AB 60)κ
Sec. 2. NRS 227.090 is hereby amended to read as follows:
227.090 1. The state controller is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise; provided:
[1.] (a) That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place; and
[2.] (b) That the use of the facsimile signature shall be made only under the direction and supervision of the state controller; and
[3.] (c) That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.
2. Subject to the conditions of subsection 1 and the consent of each, the state controller and the state treasurer may combine their facsimile signatures for use in one mechanical device. The facsimile of such combined signatures shall be kept in a separate secure place in the state treasurers office.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 122Committee on Judiciary
CHAPTER 45
AN ACT to repeal NRS section 207.020, relating to sterilization of sex offenders and habitual criminals.
[Approved March 3, 1961]
Whereas, The United States District Court for the District of Nevada in the case of Mickle v. Henrichs, warden of the Nevada state prison, 262 Fed. 687 (1918), declared that the punishment authorized by NRS 207.020 is both cruel and unusual and therefore contrary to the prohibition of section 6 of article 1 of the constitution of the State of Nevada; and
Whereas, Such statute may also be unconstitutional because it denies the equal protection of the laws and due process of law guaranteed by the Constitution of the United States; and
Whereas, It is desirable to remove from the Nevada Revised Statutes a section which is not enforcible; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 207.020 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 53κ
Assembly Bill No. 173Mr. Swanson
CHAPTER 46
AN ACT to amend NRS section 200.380 relating to robbery, by eliminating the provision allowing the death penalty for train robbery.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 200.380 is hereby amended to read as follows:
200.380 1. Robbery is the unlawful taking of personal property from the person of another, or in his presence, against his will, by means of force or violence or fear of injury, immediate or future, to his person or property, or the person or property of a member of his family, or of anyone in his company at the time of the robbery. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking, in either of which cases the degree of force is immaterial. If used merely as a means of escape, it does not constitute robbery. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.
2. Every person who shall commit robbery shall be punished by imprisonment in the state prison for not less than 5 years. [; but if such robbery is committed upon any train traveling upon any railroad within this state the jury may, in its discretion, impose the penalty of death, or the court, in the event of a plea of guilty, may impose such death penalty.]
________
Senate Bill No. 57Senator Dial
CHAPTER 47
AN ACT to amend NRS section 286.500, relating to the effect of absence in the Armed Forces of the United States upon credits toward public employees retirement, by increasing the length of time within which a veteran may return to public employment without losing credit for prior service.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.500 is hereby amended to read as follows:
286.500 1. Any employee of an employer participating in the system who entered the Armed Forces of the United States after September 15, 1940, and prior to July 1, 1948, or who enters the Armed Forces thereafter and who, within 1 year after being honorably discharged therefrom or within 1 year after release from full-time active duty, returned to the service of a participating public employer either prior to July 1, 1948, or thereafter, shall be entitled, subject to the limitations of this chapter and to the provisions hereinafter set forth, to credit for all his service to the participating public employer prior to July 1, 1948, and to credit for all his service in the Armed Forces after September 15, 1940, as if he had been an employee of a participating public employer throughout his service in the Armed Forces after that date; provided:
κ1961 Statutes of Nevada, Page 54 (CHAPTER 47, SB 57)κ
duty, returned to the service of a participating public employer either prior to July 1, 1948, or thereafter, shall be entitled, subject to the limitations of this chapter and to the provisions hereinafter set forth, to credit for all his service to the participating public employer prior to July 1, 1948, and to credit for all his service in the Armed Forces after September 15, 1940, as if he had been an employee of a participating public employer throughout his service in the Armed Forces after that date; provided:
(a) That service in the Armed Forces, to be credited as service to the employer, and service for retirement must have been performed during the period of September 15, 1940, to December 31, 1946, inclusive, and on or after June 27, 1950, to January 31, 1955.
(b) That service in the Armed Forces in the above-mentioned periods of time shall be credited for retirement only upon the conclusion of 5 years of contributing membership service with a participating public employer or employers following return from the Armed Forces.
(c) That if the position held by the employee at the time of entry into the Armed Forces shall have been abolished between the time of entry into and the time of return from service in the Armed Forces or if the employee shall have applied for reinstatement and was refused such reinstatement then such individual may be granted a period of 18 months prior to reentry into covered service in lieu of 1 year as required in this subsection.
2. No period of service in the Armed Forces, at any time, shall be regarded as an absence from employment which shall operate to nullify or cancel prior service to participating public employers when the member shall have entered the Armed Forces from employment with a participating public employer and returned to employment with a participating public employer within 1 year after discharge or release from full-time active duty [.] or within 18 months under the circumstances set forth in paragraph (c) of subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 79Senator Parks
CHAPTER 48
AN ACT to amend NRS section 2.340, relating to publication of advance sheets of supreme court decisions, by allowing the clerk of the supreme court to determine the number of copies of advance sheets to be printed for distribution to licensed attorneys, district judges and newspapers.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.340 is hereby amended to read as follows:
2.340 1. The superintendent of state printing shall furnish the reporters of decisions with proofsheets for their verification and correction before publication in permanent form.
κ1961 Statutes of Nevada, Page 55 (CHAPTER 48, SB 79)κ
reporters of decisions with proofsheets for their verification and correction before publication in permanent form. The superintendent of state printing then shall print immediately each complete supreme court decision in pamphlet form and shall furnish the clerk of the supreme court with [five hundred] as many pamphlet copies of each decision as the clerk determines are necessary for distribution to licensed attorneys, district judges and newspapers of this state. Each decision shall be printed and pamphlet copies returned to the clerk of the supreme court within 14 days, not including the day of delivery, after such decision has been furnished to the superintendent of state printing by the clerk of the court. For good cause shown, the chief justice of the supreme court may extend the time within which such decision or decisions may be published.
2. At the time of delivering the copy of any decision to the superintendent of state printing pursuant to the provisions of NRS 2.320, which shall be immediately after such decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of delivery and the title and number of the case.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 14Mr. McKissick
CHAPTER 49
AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section allowing boards of county commissioners to authorize the expenditure of county moneys for the construction, reconstruction or repair of recreational facilities owned by cities within the county; providing a procedure for such authorization; and providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of county commissioners may, by resolution, authorize the expenditure of county moneys for the construction, reconstruction or repair of any recreational facility the title to which is held by an incorporated city located within the county.
2. Each such resolution shall:
(a) Describe the facility for which the moneys are to be expended.
(b) Specify the maximum amount of moneys to be expended and the terms upon which it is to be expended.
(c) Contain a finding by the board of county commissioners that a substantial benefit will be derived by the inhabitants of the county as a whole by the expenditure of such moneys.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 56κ
Assembly Bill No. 134Committee on Ways and Means
CHAPTER 50
AN ACT to amend NRS 616.079, relating to industrial insurance of members of state departments, boards, commissions, agencies and bureaus who serve without compensation, by deleting temporary language; by adding provisions covering members of the state board of education and the board of regents of the University of Nevada under provisions of the Nevada Industrial Insurance Act; making an appropriation from the general fund in the state treasury to the Nevada industrial commission for the payment of premiums due the Nevada industrial commission for the period from January 1, 1960, to June 30, 1961, pursuant to the provisions of NRS 616.079; and providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.079 is hereby amended to read as follows:
616.079 1. Members of state departments, boards, commissions, agencies or bureaus appointed by the governor, the legislature or other statutory authority who serve without compensation, and the members of the state board of education and the members of the board of regents of the University of Nevada, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty shall be entitled to the benefits of this chapter.
2. [Notwithstanding the provisions of NRS 616.405, state departments, boards, commissions, agencies or bureaus, the members of which are appointed by the governor, the legislature or other statutory authority and who serve without compensation, shall not comply with the provisions of NRS 616.405. Annually between January 1 and January 15 such state departments, boards, commissions, agencies or bureaus shall report to the legislative auditor the facts required by NRS 616.405 for the preceding calendar year. The legislative auditor shall prepare a statement of the amount of premiums due to the commission, which amount of premiums due shall be provided by direct legislative appropriation from the general fund to the commission.
3. The procedure provided for in subsection 2 shall be followed for the payment of premiums covering all periods through June 30, 1961.] For the fiscal year commencing July 1, 1961, and for each fiscal year thereafter, each such state department, board, commission, agency or bureau and the state department of education and the board of regents of the University of Nevada shall budget for such premiums in the same manner as other expenditures are budgeted for, and shall pay such premiums out of moneys appropriated therefor in the manner provided in NRS 616.405 to the extent that such provisions are applicable.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $6,251.09 to the Nevada industrial commission for the payment of premiums due the Nevada industrial commission for the period beginning January 1, 1960, and ending June 30, 1961, pursuant to the provisions of NRS 616.079.
κ1961 Statutes of Nevada, Page 57 (CHAPTER 50, AB 134)κ
for the period beginning January 1, 1960, and ending June 30, 1961, pursuant to the provisions of NRS 616.079. The state controller is hereby authorized and directed to draw his warrant in favor of the Nevada industrial commission for the sum of $6,251.09 and the state treasurer is hereby authorized and directed to pay the same.
Sec. 3. Section 1 of this act shall become effective on July 1, 1961. Section 2 of this act shall become effective upon passage and approval of this act.
________
Assembly Bill No. 11Messrs. Swanson and McKissick
CHAPTER 51
AN ACT to amend chapter 175 of NRS, relating to criminal procedure, by adding a new section permitting judges to exclude witnesses upon request of either party.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 175 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Upon request by either party, the judge may exclude from the courtroom any witness of the adverse party, not at the time under examination, so that he may not hear the testimony of other witnesses.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 81Mr. McKissick
CHAPTER 52
AN ACT to amend chapter 14 of NRS, relating to the commencement of actions, by adding new sections providing for service of process on nonresident manufacturers and producers of products distributed, sold or used in this state; providing the procedure for such service; and providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 14 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Any company, firm, partnership, corporation or association created and existing under the laws of any other state, territory, foreign government or the Government of the United States, which manufactures, produces, makes, markets or otherwise supplies directly or indirectly any product for distribution, sale or use in this state may be lawfully served with any legal process in any action to recover damages for injury to person or property resulting from such distribution, sale or use in this state in the manner prescribed in section 3 of this act.
κ1961 Statutes of Nevada, Page 58 (CHAPTER 52, AB 81)κ
or indirectly any product for distribution, sale or use in this state may be lawfully served with any legal process in any action to recover damages for injury to person or property resulting from such distribution, sale or use in this state in the manner prescribed in section 3 of this act.
Sec. 3. 1. Service of process as authorized under the provisions of section 2 of this act shall be accomplished:
(a) By delivering a copy of such process to the secretary of state; and
(b) By mailing to the last-known address of the company, firm, partnership, corporation or association, by registered mail return receipt requested, a copy of the summons and a certified copy of the complaint.
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. This section provides an additional manner of serving process and does not invalidate any other service.
________
Assembly Bill No. 92Committee on Judiciary (by request of the Statute Revision Commission)
CHAPTER 53
AN ACT to amend NRS section 205.130, relating to the issuance of checks without sufficient funds or with intent to defraud, by changing the contents of the notice required to be posted in places of business to conform to the other requirements of such section.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.130 is hereby amended to read as follows:
205.130 1. Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than 6 months, or by a fine not to exceed $500, or both such fine and imprisonment; but any person having been previously convicted three times of this offense, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
κ1961 Statutes of Nevada, Page 59 (CHAPTER 53, AB 92)κ
state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
2. The word credit as used herein shall be construed to be an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.
3. As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after receiving notice that such check, draft or order has not been paid by the drawee.
4. If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.
5. A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check without funds or with [insufficient funds with] intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or [both, or where the total amount exceeds $100, may be punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years.] by both such fine and imprisonment, and the issuance of such a check by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 5 years.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of state printing. The superintendent of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 60κ
Assembly Bill No. 93Committee on Judiciary
CHAPTER 54
AN ACT to amend NRS section 108.200, relating to actions to enforce mechanics liens, by changing the notice requirements and the procedure for presenting other claims in such actions; and by providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.200 is hereby amended to read as follows:
108.200 1. Liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien.
2. At the time of filing the complaint and issuing the summons, the plaintiff shall cause a notice to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens under the provisions of NRS 108.010 to 108.240, inclusive, on the premises [:
(a) To be and appear before the court on a day specified therein; and
(b) To exhibit then and there the proof of their liens.] to file with the clerk and serve on the plaintiff and also on the defendant, if the defendant is within the state or is represented by counsel, written statements of the facts constituting their liens, together with the dates and amounts thereof. The statements shall be filed within 10 days of the last publication of the notice. The plaintiff and other parties adversely interested shall be allowed 5 days to answer such statements.
3. If it appears from the records of the county recorder that there are other lien claims recorded against the same premises at the time of the commencement of the action, the plaintiff shall, in addition to and after the initial publication of the notice as provided in subsection 2, mail to such other lien claimants, by registered mail, a copy of the notice as published.
4. The summons and complaint shall be served upon the defendant, and the defendant shall be allowed to answer, deny or otherwise plead or defend, as provided by the Nevada Rules of Civil Procedure.
5. [On the day appointed, the] The court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the same to a master to ascertain and report upon the liens and the amount justly due thereon. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.
6. On ascertaining the whole amount of the liens with which the premises are justly chargeable, as provided in NRS 108.010 to 108.240, inclusive, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor such judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
κ1961 Statutes of Nevada, Page 61 (CHAPTER 54, AB 93)κ
inclusive, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor such judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
7. If the proceeds of sale, after the payment of costs, shall not be sufficient to satisfy the whole amount of such liens included in the decree of sale, then the proceeds shall be apportioned according to the right of the several parties. In case the proceeds of sale amount to more than the sum of the liens and the cost of sale, then the remainder shall be paid over the owner of the property.
8. Each party whose claim is not satisfied in the manner herein provided for shall have personal judgment for the residue against the party legally liable for the same if such person has been personally summoned or has appeared in the action.
9. This section shall be applicable to actions in justices courts as to action on, trial of and sale of premises under mechanics liens, where the sum involved is within the provisions of paragraph (k) of subsection 1 of NRS 4.370.
________
Assembly Bill No. 126Messrs. Bastian and Bleak
CHAPTER 55
AN ACT to amend an act entitled An Act incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor if a majority of the electors thereof approve this act; establishing the procedure for such approval or rejection; and other matters properly relating thereto, approved March 28, 1957, as amended.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 41 of the above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 427, is hereby amended to read as follows:
Section 41. Estimates First To Be Had. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the council shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, or the location of the improvement, and of the district to be assessed, by publication for at least two weeks in some newspaper published in said city, or by posting notices of the same, in at least three public places in said city, one of such shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of said proposed work.
κ1961 Statutes of Nevada, Page 62 (CHAPTER 55, AB 126)κ
one of such shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of said proposed work. Said notices shall state the time when the council will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. The council shall also give notice of the 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, and from any other source as the council 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. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered and said notice shall so specify.
Sec. 2. Section 49 of the above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 430, is hereby amended to read as follows:
Section 49. Notice of Assessment To Be Published. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises respectively, and when completed he shall report the assessment roll to the council. When any special assessment shall be reported by the assessor to the council, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment, the council shall cause notice to be published in the city at least twice after the filing of the same with the city clerk, and appointing a time when the council and assessor will meet to review the assessments. The council shall also give notice of the 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, and from any other source as the council 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.
Any person objecting to the assessment may file his objection thereto with the city clerk.
The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
κ1961 Statutes of Nevada, Page 63 (CHAPTER 55, AB 126)κ
(Form of Notice)
NOTICE OF SPECIAL ASSESSMENT
To .. (insert the names of persons against whom the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the council decided should be paid and borne by special assessment for the (e. g., paving .. street to .. street in the City of Caliente) of (constructing a sewer on .. street between .. street and .. street) or (as the case may be) is now on file at my office for public inspection. Notice is hereby given that the council and the assessor of the City of Caliente will meet in the .. room in the city on .. (insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.
Date .. .. City Clerk.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 78Mr. Glaser
CHAPTER 56
AN ACT to amend NRS sections 116.070 and 393.140, relating to the procedure for the sale and lease of unsuitable, dedicated public school lands and the acquisition of public school sites, by authorizing the board of trustees of a school district to acquire real property for school purposes by means of exchange; to amend chapter 393 of NRS, relating to public school property, by adding new sections which provide the procedure for exchanges of real property by school districts; and providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 393.140 is hereby amended to read as follows:
393.140 The board of trustees of a school district shall have the power [to] by exchange, purchase, lease or otherwise to acquire any school site or other real property for necessary school purposes, including but not limited to playgrounds, athletic fields and sites for stadiums.
Sec. 2. NRS 116.070 is hereby amended to read as follows:
116.070 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]
1. Sell or lease the land in the manner provided in NRS 277.050 or NRS 393.220 to 393.320, inclusive [.] ; or
κ1961 Statutes of Nevada, Page 64 (CHAPTER 56, AB 78)κ
2. Exchange the land in the manner provided in NRS 277.050 or in sections 4 to 10, inclusive, of this act.
Sec. 3. Chapter 393 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 10, inclusive, of this act.
Sec. 4. 1. When the board of trustees of a school district determines that the exchange of real property belonging to the school district for real property belonging to an individual, partnership or corporation (other than a public agency as defined in NRS 277.050) is necessary or for the best interests of the school district, the board shall have the power to exchange such real property, whether acquired by purchase, dedication or otherwise.
2. The provisions of subsection 1 shall not be construed to permit the exchange of any real property in contravention of any condition in a gift or devise of real property to the school district.
Sec. 5. Every exchange with an individual, partnership or corporation shall be made in the manner provided in sections 4 to 10, inclusive, of this act. Exchanges with public agencies shall be made in the manner provided in NRS 277.050.
Sec. 6. 1. When the board of trustees proposes to exchange real property, the board shall appoint one appraiser. The owner of the other real property proposed to be exchanged shall appoint one appraiser. A third appraiser shall be appointed by the state department of education.
2. The appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the real properties proposed to be exchanged.
3. The exchange of real property shall be made only at the values fixed by the appraisers. If the real properties sought to be exchanged are not of equal value, the owner of the parcel of real property of lesser value shall pay in money to the owner of the parcel of real property of greater value the difference.
4. The compensation of the appraisers shall be fixed by the board of trustees, and shall be a legal charge against the school district.
Sec. 7. 1. After receiving the report of the appraisers and before ordering the exchange of any real property, the board of trustees shall, in open meeting by a majority vote of the members, adopt a resolution declaring the boards intention to exchange the real property.
2. The resolution shall:
(a) Describe the real properties proposed to be exchanged in such a manner as to identify them.
(b) Specify the cash market value of the real properties proposed to be exchanged as determined by the appraisers.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board of trustees to be held at its regular place of meeting, at which meeting objections to the proposed exchange may be made by interested persons.
Sec. 8. Notice of the adoption of the resolution and of the time and place of the meeting shall be given by:
1. Posting copies of the resolution in three public places in the school district not less than 15 days before the date of the meeting; and
κ1961 Statutes of Nevada, Page 65 (CHAPTER 56, AB 78)κ
2. Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the school district, if any such newspaper is published therein.
Sec. 9. After the public meeting, if the board determines that the exchange of such real properties is necessary or for the best interests of the school district, the board shall order that the exchange be made, and shall direct the president of the board of trustees to execute all necessary conveyances therefor.
Sec. 10. All moneys received by a school district from exchanges of real property as provided in subsection 3 of section 6 of this act shall be deposited forthwith with the county treasurer to be credited to the school district fund.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 168Mr. Swanson
CHAPTER 57
AN ACT to amend NRS section 149.080, relating to the leasing of real property of an estate, by including leases for the production of natural steam among the types of leases which an executor or administrator may make for a period longer than 10 years.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 149.080 is hereby amended to read as follows:
149.080 1. At the time appointed, the court shall hear the petition and any objection thereto that may have been presented; and if the court is satisfied that it will be to the advantage of the estate, it shall make an order authorizing and directing the executor or administrator to make such lease.
2. The order shall set forth the minimum rental or royalty and the period of the lease which must not be longer than 10 years, except as otherwise herein provided with respect to a lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances [.] or natural steam.
3. The order may authorize other terms and conditions, including, with respect to a lease for the purpose of production of minerals, oil, gas, or other hydrocarbon substances [,] or natural steam, a provision for the payment of rental and royalty to a depositary, and for the appointment of a common agent to represent the interest of all the lessors, and, if the lease is for the purpose of production of oil, gas or other hydrocarbon substances [,] or natural steam, including a provision for the payment of a compensatory royalty in lieu of rental and in lieu of drilling and producing operations on the land covered by the lease, and including a provision empowering the lessee to enter into any agreement with lessees, operators or owners of other lands for the purpose of bringing about the cooperative development and operation of all or parts of the field of which the leased land is a part, or for the development and operation of all or parts of the field as a unit.
κ1961 Statutes of Nevada, Page 66 (CHAPTER 57, AB 168)κ
lease, and including a provision empowering the lessee to enter into any agreement with lessees, operators or owners of other lands for the purpose of bringing about the cooperative development and operation of all or parts of the field of which the leased land is a part, or for the development and operation of all or parts of the field as a unit.
4. If the lease covers additional property owned by other persons or an undivided interest of the decedent, or other interest of the decedent less than the entire ownership in the property, it may provide for division of rental and royalty in the proportion that the land or interest of each owner bears to the total area of the land or total interests covered by such lease.
5. A lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances or natural steam may be for a fixed period, and so long thereafter as minerals, oil, gas or other hydrocarbon substances or natural steam are produced in paying quantities from the property leased or mining or drilling operations are conducted thereon, and, if the lease provides for the payment of a compensatory royalty, so long as such compensatory royalty is paid, and, if the land covered by the lease is included in an agreement with lessees, operators or owners of other lands for cooperative development or unit operation of a larger area including the leased lands, so long as oil, gas or other hydrocarbon substances or natural steam are produced in paying quantities from any of the lands included in any such agreement or drilling operations are conducted thereon.
6. A certified copy of the order shall be recorded in the office of the recorder of every county in which the leased land, or any portion thereof, lies.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 172Mr. Swanson
CHAPTER 58
AN ACT to amend NRS section 199.160, relating to the crime of causing the execution of an innocent person by perjury, by adding life imprisonment as an alternative punishment for such crime; and by providing other matters properly relating thereto.
[Approved March 3, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 199.160 is hereby amended to read as follows:
199.160 Every person who, by willful and corrupt perjury or subornation of perjury, shall procure the conviction and execution of any innocent person shall be deemed and adjudged guilty of murder, and, upon conviction thereof, shall suffer the punishment of death [.] or imprisonment in the state prison for life without possibility of parole.
________
κ1961 Statutes of Nevada, Page 67κ
Assembly Bill No. 260Mr. Delaney
CHAPTER 59
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Eureka county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers and repealing all acts and parts of acts in conflict herewith, approved February 25, 1953, as amended.
[Approved March 3, 1961]
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 23, Statutes of Nevada 1953, as amended by chapter 178, Statutes of Nevada 1955, at page 260, is hereby amended to read as follows:
Section 2. The district attorney shall receive an annual salary of [$4,800] $5,700 for all his services as such officer. He shall pay into the county treasury each month all moneys collected by him as fees as authorized by law without deduction of any nature. The district attorney shall be allowed only his actual expenses while attending to official business of the county or the state; provided, that no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners. With the consent of the board of county commissioners, the district attorney may employ a stenographer, who shall receive an annual salary, the amount of which shall be fixed by the board of county commissioners.
Sec. 2. Section 3 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as amended by chapter 178, Statutes of Nevada 1955, at page 260, is hereby amended to read as follows:
Section 3. The sheriff shall receive an annual salary of [$4,800.] $5,700. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature. 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 all telegraph and telephone tolls necessarily made in the discharge of his official duties. He shall present to the board of county commissioners an itemized bill of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff may employ one undersheriff who shall receive an annual salary of not to exceed [$4,300,] $5,200, which salary shall be fixed by the board of county commissioners. With the consent of the board of county commissioners, the sheriff may appoint additional deputies, whose compensation shall be fixed by the board of county commissioners at not to exceed $12 per day.
κ1961 Statutes of Nevada, Page 68 (CHAPTER 59, AB 260)κ
Sec. 3. Section 4 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as amended by chapter 178, Statutes of Nevada 1955, at page 260, is hereby amended to read as follows:
Section 4. The county clerk and ex officio county treasurer and ex officio clerk of the district court shall receive an annual salary of [$4,800.] $5,700. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.
Sec. 4. Section 5 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as amended by chapter 178, Statutes of Nevada 1955, at page 260, is hereby amended to read as follows:
Section 5. The county recorder and ex officio auditor shall receive an annual salary of [$4,800] $5,700 as compensation for his services as such officer. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature. The county recorder may appoint, from time to time when necessity requires, one deputy who shall receive an annual salary of not to exceed [$2,700,] $3,600, which salary shall be fixed by the board of county commissioners.
Sec. 5. Section 6 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as amended by chapter 178, Statutes of Nevada 1955, at page 261, is hereby amended to read as follows:
Section 6. The county assessor shall receive an annual salary of [$4,800.] $5,700. He shall pay into the county treasury each month all moneys collected by him as fees and taxes without deduction of any nature. When it becomes necessary to travel a greater distance than 3 miles from the county seat the county assessor shall present to the board of county commissioners an itemized bill of such necessary travel actually incurred, which shall be certified under oath, and the board of county commissioners shall audit and may allow such claim in the same manner as other county expenses are audited and allowed.
Sec. 6. Section 7 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, at page 19, is hereby amended to read as follows:
Section 7. The county commissioners shall each receive an annual salary of [$1,200,] $2,100, and 10 cents per mile in going to and from the county seat when attending upon the regular monthly meeting, as a board of equalization and as a board of canvassers.
Sec. 7. Section 10 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as amended by chapter 178, Statutes of Nevada 1955, at page 261, is hereby amended to read as follows:
Section 10. In cases of emergency the county clerk and ex officio county treasurer and the county assessor may each be allowed one deputy to be named by the respective officer. Upon receiving the majority approval of the board of county commissioners, the deputies so named shall receive not to exceed [$225 per month,] $12 per day, and shall be employed for such time as the board of county commissioners may direct.
Sec. 8. The above-entitled act, being chapter 23, Statutes of Nevada 1953, at page 18, is hereby amended by adding thereto a new section to be designated as section 10.5, which shall immediately follow section 10 and shall read as follows:
κ1961 Statutes of Nevada, Page 69 (CHAPTER 59, AB 260)κ
be designated as section 10.5, which shall immediately follow section 10 and shall read as follows:
Section 10.5. With the consent of the board of county commissioners, the county officers named in this act may appoint additional deputies, stenographers, clerks and assistants, whose compensation shall be fixed by the board of county commissioners at not to exceed $12 per day.
Sec. 9. This act shall become effective on the first day of the first month following its passage and approval.
________
Assembly Bill No. 105Committee on Education
CHAPTER 60
AN ACT authorizing the Nevada tax commission to accept budgets of counties, cities and school districts amended only to the extent made necessary by the enactment of statutes at the 51st session of the Nevada legislature levying an ad valorem tax for state purposes for the fiscal years 1961-1962 and 1962-1963 in an amount less than the state tax levy for the fiscal year 1960-1961 or increasing the mandatory tax levy for school districts in the state beginning in 1961; and providing other matters properly relating thereto.
[Approved March 8, 1961]
Whereas, Possibilities exist that the 51st session of the Nevada legislature will enact statutes levying an ad valorem tax for state purposes for the fiscal years 1961-1962 and 1962-1963 in an amount less than the amount of the ad valorem tax which was levied by the provisions of chapter 220, Statutes of Nevada 1960, and increasing mandatory tax levies for school districts in this state beginning in 1961; and
Whereas, Counties, cities and school districts are required by the provisions of NRS 354.020 and 354.350 to prepare annual budgets between March 1 and March 15 of each year; and
Whereas, The legislation herein described, if enacted, may not be enacted until after the period provided by law for the preparation of budgets, thus creating budget difficulties for counties, cities, school districts and the Nevada tax commission; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 354.020 and 354.350 or any other law, if either a statute levying an ad valorem tax for state purposes for the fiscal years 1961-1962 and 1962-1963 in an amount less than the amount of the ad valorem tax levied by the provisions of chapter 220, Statutes of Nevada 1960, or a statute increasing the mandatory tax levies for school districts in this state beginning in 1961, is enacted by the legislature of Nevada after March 1, 1961, the Nevada tax commission may, by order, accept budgets of counties, cities and school districts amended only to the extent made necessary by the enactment of statutes by the 51st session of the legislature.
κ1961 Statutes of Nevada, Page 70 (CHAPTER 60, AB 105)κ
Nevada tax commission may, by order, accept budgets of counties, cities and school districts amended only to the extent made necessary by the enactment of statutes by the 51st session of the legislature. The provisions of NRS 354.045, 354.360 and 354.395 shall not be construed to apply to the types of amended budgets herein described.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 246Committee on Judiciary
CHAPTER 61
AN ACT to amend NRS section 130.200, relating to proceedings when jurisdiction is not acquired under the Uniform Reciprocal Enforcement of Support Act, by requiring the transfer of the case to the appropriate district court; and by providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 130.200 is hereby amended to read as follows:
130.200 If a court of this state, acting as a responding state, is unable to obtain jurisdiction of the defendant or his property due to inaccuracies or inadequacies in the complaint or otherwise, the court shall communicate this fact to the court in the initiating state, shall on its own initiative use all means at its disposal to trace the defendant or his property, and shall hold the case pending the receipt of more accurate information or an amended complaint from the court in the initiating state [.] , but if such inability to obtain jurisdiction is based upon the defendants residence in another judicial district within the state, the court shall, on its own motion, forward the case to the appropriate district court for proceedings in accord with NRS 130.190.
________
Assembly Bill No. 235Committee on Education
CHAPTER 62
AN ACT to amend chapter 616 of NRS, relating to industrial insurance, by adding a new section providing for coverage of trustees of school districts under the Nevada Industrial Insurance Act; and providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Trustees of school districts, while engaged in their designated duty as trustees, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter.
κ1961 Statutes of Nevada, Page 71 (CHAPTER 62, AB 235)κ
as trustees, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter.
________
Senate Bill No. 69Committee on Aviation, Transportation and Highways
CHAPTER 63
AN ACT to amend NRS section 487.010, relating to reports of stored or parked vehicles, by requiring notice to be given of vehicles which may be stolen, abandoned or secreted; and by providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 487.010 is hereby amended to read as follows:
487.010 1. Whenever any vehicle of a type subject to registration under the laws of this state has been stored in a garage or parked in a trailer park or parking area for 30 days and the ownership of the vehicle is unknown to the keeper thereof, or if such keeper knows or can ascertain the ownership but has reason to believe that such vehicle is stolen, abandoned or secreted, the keeper shall thereupon report the presence of such vehicle by registered mail, return receipt requested, to the department of motor vehicles. [and to the sheriffs office of the county wherein such garage, parking area or trailer park is located.]
2. The department of motor vehicles, upon receipt of such notice, shall immediately notify:
(a) The legal owner of record of the status of such vehicle; and
(b) The sheriff of the county wherein such garage, parking area or trailer park is located of the status of such vehicle.
________
Senate Bill No. 76Committee on Aviation, Transportation and Highways
CHAPTER 64
AN ACT to amend NRS section 481.067, relating to the divisions of the department of motor vehicles, by establishing an automation division in such department.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.067 is hereby amended to read as follows:
481.067 The department shall consist of:
1. The motor vehicle registration division.
κ1961 Statutes of Nevada, Page 72 (CHAPTER 64, SB 76)κ
2. The motor carrier division.
3. The drivers license division.
4. The Nevada highway patrol division.
5. The fiscal, accounting and auditing division.
6. The automation division.
7. Such other divisions as the director may in his discretion from time to time establish.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 87Committee on Judiciary
CHAPTER 65
AN ACT to amend NRS section 268.010, relating to amendment of city charters, by deleting the provisions relating to amendment of charters without election upon petition of 60 percent of the registered voters; and by providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.010 is hereby amended to read as follows:
268.010 1. Whenever it is desired to amend the charter of any incorporated city or town within the State of Nevada, such amendment or amendments may be effected in any one of the following methods:
(a) By an act of the legislature.
(b) [Upon the filing of a verified petition bearing the signatures of not less than 60 percent of the registered voters of the city or town, as certified by the clerk of the county wherein the city or town is located, praying for the adoption of any amendment or amendments fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his knowledge and belief.
Upon the filing of any such petition bearing the required number of signatures, duly verified and setting out therein the amendment or amendments proposed, the governing body of such city or town shall adopt such amendment or amendments by resolution without further proceeding.
(c)] Upon filing with the governing body of such city or town a verified petition bearing the signatures of not less than 30 percent of the registered voters of the city or town, a special election shall be called for the purpose or purposes as set forth in the petition, not later than 45 days after the filing of the petition; or, upon the filing with the governing body of such city or town of a verified petition bearing the signatures of not less than 10 percent of the registered voters of the city or town, the amendment or amendments proposed in the petition shall be placed upon the ballot at the next municipal election, whether it be a special or a general municipal election, after the filing of the petition, praying for the adoption of any amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto.
κ1961 Statutes of Nevada, Page 73 (CHAPTER 65, SB 87)κ
bearing the signatures of not less than 10 percent of the registered voters of the city or town, the amendment or amendments proposed in the petition shall be placed upon the ballot at the next municipal election, whether it be a special or a general municipal election, after the filing of the petition, praying for the adoption of any amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his knowledge and belief.
Upon the filing of any such petition bearing the signatures of the required number of registered voters as required in this paragraph [(c),] (b), the governing body of such city or town shall call a special election, or provide for the voting upon such proposed amendment or amendments at the next municipal election, for the aforesaid purpose, as the petition shall request.
2. The percentages, as provided in [paragraphs (b) and (c)] paragraph (b) of subsection 1, shall be determined from the number of registered voters at the last general municipal election held in the city or town next preceding the filing of the petition as aforesaid.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 113Senator Lamb
CHAPTER 66
AN ACT to amend an act entitled An Act concerning Lincoln County officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act, approved March 13, 1953, as amended.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 95, Statutes of Nevada 1953, as amended by chapter 139, Statutes of Nevada 1957, at page 190, is hereby amended to read as follows:
Section 6. The sheriff and his deputies, the district attorney, the county assessor, the county clerk, the county treasurer, the county recorder, and the county commissioners shall be allowed [necessary] traveling expenses for the transaction of public business [as provided in NRS 245.060.] of $12 per day while traveling inside the state and $15 per day while traveling outside the state, plus the cost of transportation. If transportation is by private conveyance, the transportation allowance shall be 10 cents per mile. Claims for such [mileage and actual] expenses must be filed with the county clerk, but need not be supported by vouchers or receipts, and if approved by the county commissioners, shall be audited and paid.
κ1961 Statutes of Nevada, Page 74 (CHAPTER 66, SB 113)κ
actual] expenses must be filed with the county clerk, but need not be supported by vouchers or receipts, and if approved by the county commissioners, shall be audited and paid. Payment of subsistence allowances for part of a day shall be in accordance with rules prescribed by the board of county commissioners.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 47Messrs. Briare, Pozzi and Giomi
CHAPTER 67
AN ACT to amend chapter 107 of NRS, relating to deeds of trust, by adding a new section allowing persons with an interest to file requests for notice of default or sale under a deed of trust upon real property; requiring the trustee to mail copies of such notices; providing that such requests shall not affect the title to real property; and providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 107 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, a person with an interest means any person who has or claims any right, title or interest in, or lien or charge upon, the real property described in the deed of trust and as evidenced by:
(a) Any document or instrument filed or recorded in the office of the county recorder of the county in which any part of the real property is situated; or
(b) Any judgment docketed by the county clerk as provided in NRS 17.150, wherein he is a judgment creditor.
2. A person with an interest desiring a copy of a notice of default or notice of sale under a deed of trust with power of sale upon real property may at any time subsequent to recordation of such deed of trust file in the office of the county recorder of the county in which any part of the real property is situated an acknowledged request for a copy of such notice of default or sale.
3. The request shall state the name and address of the person requesting copies of such notices and identify the deed of trust by stating the names of the parties thereto, the date of recordation and the book and page where it is recorded.
4. The trustee or person authorized to record the notice of default shall, within 10 days of recordation of such notice, cause to be deposited in the United States mail an envelope, registered and with postage prepaid, containing a copy of such notice, addressed to each person who has filed a request for a copy of such notice.
κ1961 Statutes of Nevada, Page 75 (CHAPTER 67, AB 47)κ
5. The trustee or person authorized to make the sale shall, at least 20 days before the date of sale, cause to be deposited in the United States mail an envelope, registered and with postage prepaid, containing a copy of the notice of time and place of sale, addressed to each person who has filed a request for a copy of such notice.
6. No request for a copy of any notice filed under the provisions of this section shall affect the title to real property.
________
Assembly Bill No. 128Mr. Pozzi
CHAPTER 68
AN ACT appropriating $10,000 from the general fund in the state treasury to the travel revolving fund created by NRS 281.171.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the travel revolving fund created by NRS 281.171 the sum of $10,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 232Mr. Swanson
CHAPTER 69
AN ACT to amend chapter 645 of NRS, relating to real estate brokers and salesmen, by adding a new section authorizing the Nevada real estate commission to investigate the circumstances of transactions relating to unimproved land outside the corporate limits of any city if there is reason to believe that fraud, deceit or false advertising is involved; requiring district attorneys to bring actions to enjoin such transactions; and providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If the commission has reason to believe that fraud, deceit or false advertising is being, has been or is to be perpetrated in connection with the proposed or completed sale, purchase, rental, lease or exchange of any vacant or unimproved land or subdivision outside the corporate limits of any city, it may investigate the circumstances of such sale, purchase, rental, lease or exchange.
κ1961 Statutes of Nevada, Page 76 (CHAPTER 69, AB 232)κ
2. If such investigation reveals any evidence of fraud, deceit or false advertising which has influenced or induced or may influence or induce the sale, purchase, rental, lease or exchange, the commission shall advise the district attorney of the county in which the land or subdivision is located. The district attorney shall cause appropriate legal action to be taken to enjoin any further sale, purchase, rental, lease or exchange until the fraud, deceit or false advertising is eliminated and restitution has been made for any loss.
3. Nothing in this section shall prevent prosecution of any person in a criminal action under the provisions of any other law.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 204Committee on Roads and Transportation
CHAPTER 70
AN ACT to amend chapter 483 of NRS, relating to operators and chauffeurs licenses, by adding new sections requiring a license to operate a driver training school or act as an instructor in such a school; establishing requirements for such licenses; providing for cancellation, suspension, revocation and renewal of such licenses; providing exceptions; and providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. No person shall operate a driver training school, or engage in the business of giving instruction for hire in driving motor vehicles or in the preparation of an applicant for an examination given by the department for a drivers license, unless he has secured a license therefor from the department as provided in sections 2 to 10, inclusive, of this act.
Sec. 3. 1. An applicant for a license to operate a driver training school shall:
(a) Be of good moral character.
(b) Maintain an established place of business open to the public which is not within 200 feet of any building used by the department as an office.
(c) Have the equipment necessary to give proper instruction in the operation of motor vehicles.
(d) Be 21 years of age or older.
2. If the person applying for a license to operate a driver training school is the sole instructor, he shall hold a general secondary credential or a special secondary credential in public safety, including driver education and driver training.
κ1961 Statutes of Nevada, Page 77 (CHAPTER 70, AB 204)κ
Sec. 4. An applicant for a license as an instructor for a driver training school shall:
1. Be of good moral character;
2. Pass such examination as the department may require on traffic laws, safe driving practices and operation of motor vehicles;
3. Be physically able to operate a motor vehicle safely and train others in the operation of motor vehicles;
4. Hold a valid Nevada drivers license; and
5. Be 21 years of age or older.
Sec. 5. 1. The department shall issue a license to operate a driver training school, or to act as an instructor for a driver training school, if it is satisfied that the applicant has met the qualifications required by sections 2 to 10, inclusive, of this act.
2. The license shall be valid for a period of 2 years from July 1 through June 30, unless canceled, suspended or revoked by the department, and may be renewed subject to the same conditions as the original license.
Sec. 6. 1. A person operating a driver training school shall maintain bodily injury and property damage liability insurance on motor vehicles used in driving instruction, insuring the liability of the driving school, the driving instructor, and any person taking instruction, in at least the following amounts:
(a) For bodily injury to or death of one person in any one accident, $20,000;
(b) For bodily injury to or death of two or more persons in any one accident, $40,000; and
(c) For damage to property of others in any one accident, $10,000.
2. Evidence of such insurance coverage in the form of a certificate from the insurance carrier shall be filed with the department and the certificate shall stipulate that the insurance shall not be canceled except upon 10 days written notice to the department.
Sec. 7. A holder of a license to operate a driver training school shall maintain all vehicles used in driver training in safe mechanical condition at all times.
Sec. 8. The department may cancel, suspend, revoke or refuse to renew any license granted pursuant to sections 2 to 10, inclusive, of this act:
1. If the licensee permits fraud or engages in fraudulent practices either with reference to the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for drivers license.
2. If the licensee fails to comply with any of the provisions of sections 2 to 10, inclusive, of this act, or any of the regulations or requirements of the department made pursuant thereto.
3. If the licensee or any employee or agent of the licensee solicits driver training or instruction in an office of the department or within 200 feet of any such office.
4. If the licensee or any employee or agent of the licensee follows the identical course of training which is used by the department in giving an examination for a license as an operator or chauffeur.
κ1961 Statutes of Nevada, Page 78 (CHAPTER 70, AB 204)κ
Sec. 9. The provisions of sections 2 to 10, inclusive, of this act, do not apply to:
1. Public schools or educational institutions in which driving instruction is part of the curriculum.
2. Automobile dealers or their salesmen giving instruction without charge to purchasers of motor vehicles.
3. Employers giving instruction to their employees.
Sec. 10. The department shall charge the following fees for licenses issued under the provisions of this act:
Driver training school license............................. ............................................................................ $50
Driving instructors license.................................. ............................................................................... 10
________
Assembly Bill No. 205Committee on Roads and Transportation
CHAPTER 71
AN ACT to amend chapter 483 of NRS, relating to operators and chauffeurs licenses, by adding a new section making an applicants record in another state part of his Nevada record; providing for the exchange of such records; and providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever an application for an instruction permit or for an operators or chauffeurs license is received from a person previously licensed in another state, the department shall request a copy of the operators record from such other state. When received, the operators record shall become a part of the operators record in this state with the same effect as though entered on the operators record in this state in the original instance.
2. Whenever the department receives a request for an operators record from another licensing state the record shall be forwarded without charge.
________
κ1961 Statutes of Nevada, Page 79κ
Assembly Bill No. 208Committee on Roads and Transportation
CHAPTER 72
AN ACT to amend NRS section 483.450, relating to the forwarding of revoked drivers licenses and records of convictions to the department of motor vehicles, by requiring a record of conviction to be made upon a form furnished by such department; prescribing the information to be included in such form; and by providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.450 is hereby amended to read as follows:
483.450 1. Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the operators or chauffeurs license of such person by the department, the court in which such conviction is had shall require the surrender to it of all operators or chauffeurs licenses then held by the person so convicted, and the court shall thereupon, within 5 days, forward the same, together with a record of such conviction, to the department.
2. Such record of conviction shall be made upon a form furnished by the department and shall include the name and address of the person charged, the number of his operators or chauffeurs license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or a statement that bail was forfeited, the amount of the fine or forfeiture, and a statement that the license was revoked or suspended as the case may be.
3. Every court having jurisdiction over offenses committed under this chapter, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall, within 5 days, forward to the department a record of the conviction of any person in such court for a violation of any such laws other than regulations governing standing or parking, and may recommend the suspension of the operators or chauffeurs license of the person so convicted.
[3.] 4. For the purposes of this chapter, the term conviction shall mean a final conviction. Also, for the purpose of this chapter, a forfeiture of bail or collateral deposited to secure a defendants appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.
[4.] 5. The necessary expenses of mailing licenses and records of conviction to the department as required by subsections 1 and 2 of this section shall be paid by the court charged with the duty of forwarding such licenses and records of conviction.
________
κ1961 Statutes of Nevada, Page 80κ
Senate Bill No. 71Committee on Aviation, Transportation and Highways
CHAPTER 73
AN ACT to amend NRS section 482.345, relating to dealers and manufacturers bonds and places of business, by providing that motorcycle or boat trailer manufacturers or dealers shall file bonds in the amount of $1,000 regardless of the population of the counties in which their places of business are located; by reducing the amount of the bond required by dealers and manufacturers in counties having 50,000 or more population; and by providing other matters properly relating thereto.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.345 is hereby amended to read as follows:
482.345 1. Before any dealers license, dealers plate or plates or special dealers plate or plates shall be furnished to a manufacturer or dealer as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or plates, upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also, except as provided in subsection 2, procure and file with the department a good and sufficient bond in the amount of $1,000 if such place of business is located in a county having less than 50,000 population, and in the amount of [$7,500] $5,000 if such place of business is located in a county having 50,000 or more population, with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this chapter.
2. A manufacturer or dealer who manufactures or sells only motorcycles or trailers designed to carry boats shall file a bond as required by subsection 1 in the amount of $1,000 regardless of the population of the county in which he has an established place of business.
3. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of $1,000 or [$7,500,] $5,000, as the case may be.
[3.] 4. The undertaking on the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this chapter by the salesman of any licensed dealer acting for the dealer on his behalf and within the scope of the employment of such salesman.
________
κ1961 Statutes of Nevada, Page 81κ
Senate Bill No. 89Committee on Education and State University
CHAPTER 74
AN ACT appropriating $20,000 for purchase of the Doten Collection of historical materials concerning Nevada.
[Approved March 8, 1961]
Whereas, The University of Nevada is the most appropriate repository for historical documents concerning Nevada; and
Whereas, It is the intention of the university to seek out and obtain source materials on Nevada history and to develop an authoritative and extensive collection of such materials; and
Whereas, The university library building now nearing completion will contain a special collections room in which it will be possible for the first time in the history of the university to make such materials available for display, reference and research purposes; and
Whereas, Every effort should be made to prevent the loss of such materials to interests outside the state, and to return those previously lost; and
Whereas, The famous Doten Collection, now in San Francisco, is available to the university at a purchase price of $55,000; and
Whereas, Such collection contains the Doten Diaries, written by Alf Doten, pioneer miner, storekeeper and journalist of Nevada, comprising 79 volumes covering the period 1849 to 1903, complete files of several early Nevada newspapers, extensive newspaper clippings, photographs, manuscripts and some 500 miscellaneous items; and
Whereas, This unique collection will necessitate the rewriting of Nevada history; and
Whereas, Other libraries are seeking to acquire the Doten Collection; and
Whereas; The university proposes to obtain $35,000 from sources other than legislative appropriation; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the University of Nevada the sum of $20,000 for the purpose of providing a part of the purchase price of the Doten Collection. Such moneys may be expended only for such purpose, and only if the University of Nevada obtains from sources other than legislative appropriation and applies to such purchase price the sum of $35,000.
Sec. 2. Any moneys appropriated by this act and remaining unexpended on July 1, 1962, shall revert to the general fund on that date.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 82κ
Senate Bill No. 101Senator Gallagher
CHAPTER 75
AN ACT appropriating $7,500 to defray expenses of the third national conference of state legislative leaders.
[Approved March 8, 1961]
Whereas, The national conference of state legislative leaders was organized at Albany, New York, in December 1959; and
Whereas, The second national conference of state legislative leaders was held at Chicago, Illinois, in November 1960; and
Whereas, The third national conference of state legislative leaders will be held at Carson City, Nevada, in October 1961; and
Whereas, The first conference was financed entirely by the State of New York, and the second conference was financed by a number of national foundations; and
Whereas, The third conference at Carson City will be financed very largely by local contributors; and
Whereas, Approximately 500 persons will visit western Nevada as a result of the conference; and
Whereas, It appears desirable that funds be made available to cover costs of the conference which might not be defrayed by local contributions; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $7,500 is hereby appropriated from the general fund in the state treasury to the legislative counsel bureau for the purpose of defraying necessary expenses incidental to the third national conference of state legislative leaders to be held at Carson City, Nevada, in October 1961.
Sec. 2. The moneys appropriated in section 1 shall be paid out on claims approved by the legislative counsel as other claims against the state are paid.
Sec. 3. Any unexpended portion of the moneys appropriated in section 1 shall revert to the general fund on December 31, 1961.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 83κ
Senate Bill No. 131Senator Dodge
CHAPTER 76
AN ACT to amend an act entitled An Act relating to Churchill County, Nevada; authorizing and providing for financial improvements, extensions and betterments to the countys telephone and telegraph system, including but not limited to aircraft radar equipment and other military electronic equipment, by the issuance of bonds, and for refinancing, refunding and redeeming outstanding bonds; determining the conditions under which such bonds may be issued; providing for the payment thereof and interest thereon by the levy and collection of general taxes or by rates and charges in connection with the system, or by both; authorizing the acquisition of such improvements, extensions and betterments; specifying powers, duties, rights, privileges, liabilities and limitations in connection with such securities and the system; and prescribing other details in connection therewith, approved March 30, 1959.
[Approved March 8, 1961]
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 353, Statutes of Nevada 1959, at page 529, is hereby amended to read as follows:
Section 1. The board of county commissioners of the county of Churchill, in the State of Nevada (herein sometimes merely designated as the board), in addition to the powers elsewhere conferred upon the board, is hereby authorized and empowered, without the necessity of an election or other or further preliminaries:
(a) To improve, extend and better the countys telephone and telegraph system, including, without limiting the generality of the foregoing, acquiring aircraft radar equipment and other military electronic equipment, buildings, furnishings and sites therefor, and all necessary lines, real property, facilities, machinery, equipment and appurtenances;
(b) To refinance, refund and redeem the outstanding Churchill County, Nevada, Telephone and Telegraph System Bonds, dated July 1, 1953, or any part thereof, at such time or times, in such manner and upon such terms as the board may determine; and
(c) To defray wholly or in part the cost thereof by the issuance of the countys negotiable coupon bonds in the aggregate principal amount of not exceeding [$900,000,] $1,500,000, or such lesser amount as may be necessary, which bonds may consist of one or more of the following types of municipal obligations:
(1) General obligation bonds;
(2) General obligation bonds, the payment of which is additionally secured by a pledge of all or a part of the revenues derived from the operation of the county telephone and telegraph system, and, if so determined by the board, further secured by a pledge of such other funds as may be legally made available for their payment; and
(3) Revenue bonds payable solely from the revenues to be derived from the operation of the system.
κ1961 Statutes of Nevada, Page 84 (CHAPTER 76, SB 131)κ
Sec. 2. Section 2 of the above-entitled act, being chapter 353, Statutes of Nevada 1959, at page 530, is hereby amended to read as follows:
Section 2. Each series of bonds shall be authorized by ordinance. The bonds shall be of convenient denominations, shall be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the board, without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the board; and the ordinance authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such order, and upon the payment of such premium, if any, as the board may determine and state therein. The bonds, unless they be registered for payment as to principal and interest, shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board, and countersigned by the county treasurer; and the bonds shall also be signed and attested by the county clerk with the official seal of the county affixed thereto. Facsimile signatures of the chairman and county treasurer may be used on the coupons. Any official of the county whose signature to any bond herein authorized is required or permitted, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, and his facsimile signature has the same legal effect as his manual signature; provided that at least one signature required or permitted to be placed thereon shall be manually subscribed. The clerk of the county may cause its seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal. The bonds shall otherwise be in such form and shall be printed at such place or places, within or without the State of Nevada, as may be determined by the ordinance, subject, however, to the following limitations and restrictions:
κ1961 Statutes of Nevada, Page 85 (CHAPTER 76, SB 131)κ
(a) General obligation bonds, regardless of whether they be additionally secured by any pledge of revenues, shall mature in not to exceed 30 years from the date thereof;
(b) Revenue bonds shall mature in not to exceed 40 years from the date thereof;
(c) The total amount of bonds of all types issued pursuant to the provisions of this act shall not exceed [$900,000,] $1,500,000, but nothing in this act contained shall be construed as prohibiting the issuance of bonds in a lesser amount or amounts for the purposes herein authorized; and
(d) The bonds proposed to be issued pursuant to the provisions of this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of [3] 5 years from the effective date of this act.
Sec. 3. Section 3 of the above-entitled act, being chapter 353, Statutes of Nevada 1959, at page 531, is hereby amended to read as follows:
Section 3. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder provide for the initial issuance of one or more bonds (in this section called bond) aggregating the amount of the entire issue, and may make such provision for installment payments of the principal amount of any such bond as it may consider desirable and may provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond. The board may further make provision in any such [resolution] ordinance for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal or principal and interest.
Sec. 4. 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. 5. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 86κ
Assembly Bill No. 336Mr. Swackhamer
CHAPTER 77
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Lander County, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 13, 1953, as amended.
[Approved March 8, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 92, as last amended by chapter 94, Statutes of Nevada 1959, at page 96, is hereby amended to read as follows:
Section 2. The sheriff of Lander County shall receive an annual salary of [$5,280,] $5,700, which salary shall be compensation in full for all services rendered as sheriff and ex officio license collector. The sheriff shall pay into the county treasury each month all moneys collected by him as license fees, and as fees in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to the sheriff for any month unless the statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a distance greater than 10 miles from the county seat, he shall be allowed his necessary traveling expenses; and provided further, that when it becomes necessary in civil cases for the sheriff to travel a distance greater than 10 miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. The sheriff is authorized and empowered to employ, and may hereafter appoint, three deputies. The three deputies so appointed shall each receive an annual salary of [$4,950.] $5,370. The sheriff may also appoint such additional number of deputy sheriffs as may be authorized by the board of county commissioners for such time and at such salary as the board may authorize.
Sec. 2. Section 3 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as last amended by chapter 94, Statutes of Nevada 1959, at page 97, is hereby amended to read as follows:
Section 3. The county assessor of Lander County shall receive an annual salary of [$5,280,] $5,700, which salary shall be compensation in full for all services rendered.
κ1961 Statutes of Nevada, Page 87 (CHAPTER 77, AB 336)κ
Sec. 3. Section 4 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as last amended by chapter 83, Statutes of Nevada 1960, at page 89, is hereby amended to read as follows:
Section 4. The county recorder, as such, and as ex officio auditor, shall receive an annual salary of [$5,280,] $5,700, and the fees allowed under the provisions of NRS 247.290 and 247.300. He shall perform all county work required in the office and extend the annual assessment roll without further compensation or charge against the county.
Sec. 4. Section 5 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as last amended by chapter 94, Statutes of Nevada 1959, at page 97, is hereby amended to read as follows:
Section 5. The county treasurer shall receive an annual salary of [$5,280,] $5,700, which salary shall be compensation in full for all services rendered.
Sec. 5. Section 6 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as last amended by chapter 94, Statutes of Nevada 1959, at page 97, is hereby amended to read as follows:
Section 6. The county clerk shall receive an annual salary of [$5,280,] $5,700, which salary shall be compensation in full for all services rendered.
Sec. 6. Section 7 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as last amended by chapter 94, Statutes of Nevada 1959, at page 98, is hereby amended to read as follows:
Section 7. The district attorney, as such, shall receive an annual salary of [$5,280,] $5,700, which salary shall be compensation in full for all services rendered.
Sec. 7. Section 8 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, at page 93, as last amended by chapter 94, Statutes of Nevada 1959, at page 98, is hereby amended to read as follows:
Section 8. Each county commissioner shall receive an annual salary of [$1,980] $2,100 in full compensation for all services and expenses; provided, that any commissioner residing more than 10 miles from the county seat of Lander County shall receive in addition to his salary the sum of 10 cents per mile for each mile necessarily traveled in attending necessary meetings of the board of county commissioners.
Sec. 8. This act shall become effective on the first day of the first month following its passage and approval.
________
κ1961 Statutes of Nevada, Page 88κ
Senate Bill No. 105Committee on Aviation, Transportation and Highways
CHAPTER 78
AN ACT to amend NRS section 483.410, relating to the amount and payment of fees for operators and chauffeurs licenses, by providing for charges for reinstatements, duplications and changes of such licenses; and providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every license issued the following fees shall be charged:
Operators license.................................................................................................... $2
Chauffeurs license.................................................................................................. 4
2. For every reinstatement or duplication of a license or change of name or address the following fees shall be charged:
Reinstatement of license after suspension, revocation or cancellation........ $5
Duplicate license..................................................................................................... 1
Change of name....................................................................................................... 1
Change of address................................................................................................... 1
3. All fees are payable to the administrator at the time a license or a renewal license is issued.
[3.] 4. All money collected by the administrator shall be deposited at least once a month with the state treasurer, who shall deposit the money to the credit of the state highway fund.
________
Senate Bill No. 102Committee on Aviation, Transportation and Highways
CHAPTER 79
AN ACT to amend NRS section 484.550, relating to the allowable gross weight with load of motor vehicles used on public highways, by increasing the allowable weights for some vehicles; and by providing that the new schedule of weights shall not apply where its application would prevent the state from receiving federal highway funds.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.550 is hereby amended to read as follows:
484.550 1. The total gross weight with load imposed on the highway by any vehicle or combination of vehicles where the distance between the first and last axles is more than 18 feet shall not exceed that given for the respective distances in the following table:
κ1961 Statutes of Nevada, Page 89 (CHAPTER 79, SB 102)κ
Distance Allowed load
in feet in pounds
18.................................................................... 46,400
19.................................................................... 47,200
20.................................................................... 48,000
21.................................................................... 48,800
22.................................................................... 49,600
23.................................................................... 50,400
24.................................................................... 51,200
25.................................................................... 55,250
26.................................................................... 56,100
27.................................................................... 56,950
28.................................................................... 57,800
29.................................................................... 58,650
30.................................................................... 59,500
31.................................................................... 60,350
32.................................................................... 61,200
33.................................................................... 62,050
34.................................................................... 62,900
35.................................................................... 63,750
36.................................................................... 64,600
37.................................................................... 65,450
38.................................................................... 66,300
39.................................................... [67,150] 68,000
40.................................................... [68,000] 70,000
41.................................................... [68,000] 72,000
42.................................................... [68,000] 73,280
43.................................................... [68,000] 73,280
44.................................................... [68,000] 73,280
45.................................................... [68,000] 73,280
46.................................................... [68,800] 73,280
47.................................................... [69,600] 73,280
48.................................................... [70,400] 73,280
49.................................................... [71,200] 73,280
50.................................................... [72,000] 73,280
51.................................................... [72,800] 73,280
52.................................................................... 73,600
53.................................................................... 74,400
54.................................................................... 75,200
55.................................................................... 76,000
56 or over....................................................... 76,800
2. The provisions of this section do not apply to any highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23 U.S.C., if such application would prevent this state from receiving any federal funds for highway purposes.
________
κ1961 Statutes of Nevada, Page 90κ
Assembly Bill No. 221Clark County Delegation
CHAPTER 80
AN ACT to amend NRS section 171.155, which defines peace officer, by adding to the definition special investigators employed by the office of any district attorney.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.155 is hereby amended to read as follows:
171.155 Peace officers are the bailiff of the supreme court, sheriffs of counties, constables, members of the Nevada state police, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, special investigators employed by the office of any district attorney, marshals and policemen of cities and towns, respectively.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 251Committee on Ways and Means
CHAPTER 81
AN ACT to amend NRS sections 422.340, 423.210, 425.220, 426.440 and 428.070, relating to reimbursement by responsible persons for contributions for public assistance, children in the Nevada state childrens home, dependent children, blind persons and county hospitalization, by providing that the attorney general shall cause legal action to be taken against persons who fail to make the required reimbursements for such contributions; and by providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 422.340 is hereby amended to read as follows:
422.340 [The board of county commissioners shall advise the district attorney of the county in which such relatives reside of failures to reimburse the county and the circumstances incidental thereto.] The department shall advise the attorney general of the failure of a responsible relative to contribute to the support of a recipient of public assistance as required by law. The [district] attorney general shall cause appropriate legal action to be taken to enforce such support, and in addition may collect a reasonable fee which shall be added to the costs of the action in any justices court of the state, the expense of such fee and costs to be borne by the relative. Any fees collected by the attorney general under the provisions of this section shall be deposited in the general fund in the state treasury.
Sec. 2. NRS 423.210 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 91 (CHAPTER 81, AB 251)κ
423.210 1. A child other than an orphan shall be admitted to the Nevada state childrens home when committed by the district court of the county in which such child resides as a dependent child.
2. The order of commitment shall require the parent or parents of the child to pay to the superintendent $50 monthly for the care and support of each child committed; but when it shall appear to the district court that the parent or parents are unable to pay $50 per month the order shall require the payment of such lesser amount as may be found to be reasonable, and the county where the child was committed shall then pay to the superintendent the difference between the amount so ordered paid and the sum of $50, or, if the parents be found unable to pay anything, the county where the child was committed shall be liable for the whole amount of the support of the child.
3. If the parent or parents shall fail or refuse to comply with the order of the court, the superintendent shall so notify the board of county commissioners of the county where the child was committed, and such county shall pay to the superintendent, on behalf of such parent or parents, the amount ordered paid. Such county shall thereupon be entitled to recover from the parent or parents, by appropriate legal action, all sums so paid together with interest thereon at the rate of 7 percent per annum.
4. The superintendent shall advise the attorney general of the failure of a parent or parents to make the support payments required by the court order and the attorney general shall cause appropriate legal action to be taken to collect such payments, together with interest thereon at the rate of 7 percent per annum.
5. When any parent of a child committed under this section shall fail to pay the amount ordered for support or, if no support be ordered, shall fail to make any contribution for support, for a period of 1 year, that failure shall be prima facie proof of abandonment of the child by the parents.
Sec. 3. NRS 425.220 is hereby amended to read as follows:
425.220 1. If, at any time during the continuance of any assistance granted under this chapter, the department finds that any father, mother, adoptive father or adoptive mother of any child receiving assistance is reasonably able to contribute to the necessary care and support of such recipient without undue hardship to himself or his immediate family and such person so able to contribute to the care and support of such recipient fails or refuses to contribute according to his ability to the care and support of such recipient, then, after notice to such person, there shall exist a cause of action against that person for such amount of assistance furnished under this chapter subsequent to such notice, or such part thereof as that person is reasonably able to pay.
2. The action may be ordered by the department and shall be brought in the name of the state by the [district attorney of the county in which such assistance was granted,] attorney general for the recovery of such amount of assistance granted after such notice, as hereinbefore provided, together with the costs and disbursements of such action.
κ1961 Statutes of Nevada, Page 92 (CHAPTER 81, AB 251)κ
3. The liability of a father, mother, adoptive father or adoptive mother to contribute to the support of a recipient of assistance established by this chapter shall not be grounds for denying or discontinuing assistance to any person.
Sec. 4. NRS 426.440 is hereby amended to read as follows:
426.440 1. Only such income as is actually furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed income available to the applicant or recipient for his support.
2. No relative of an applicant for or recipient of aid to the blind may be held liable for contributions to the support of such applicant or recipient except in the case of the parent of a minor child applying for, or receiving, aid to the blind.
3. The state welfare department shall advise the attorney general of the failure of a responsible parent to contribute to the support of a minor child applying for, or receiving, aid to the blind, and the attorney general shall cause appropriate legal action to be taken to enforce such support.
Sec. 5. NRS 428.070 is hereby amended to read as follows:
428.070 1. The father, mother, children, brothers or sisters, of sufficient financial ability so to do, shall pay to the county which has extended county hospitalization to any person under the provisions of NRS 428.030, the amount granted to such person.
2. The board of county commissioners shall advise the attorney general of the failure of a responsible person to pay such amount and the attorney general shall cause appropriate legal action to be taken to enforce the collection of all or part of such amount. If suit is filed to enforce the collection, the court shall determine the question of the sufficiency of the financial ability of the person against whom such action is filed, but the board of county commissioners shall determine the responsible relative to be sued, and failure of an action against one such relative shall not preclude subsequent or concurrent actions against others.
________
Assembly Bill No. 96Messrs. Posin, Bissett, McKissick and Parraguirre
CHAPTER 82
AN ACT to amend NRS 201.230, relating to the offense of lewdness with a child under 14 years of age, by requiring certification by a qualified board that a person convicted of such offense is not a menace to the safety, health or morals of others as a condition to parole, and certification to such effect by a psychiatrist as a condition to probation; and by providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 201.230 is hereby amended to read as follows:
201.230 1. Any person who shall willfully and lewdly commit any lewd or lascivious act, other than acts constituting the crime of rape and the infamous crime against nature, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony.
κ1961 Statutes of Nevada, Page 93 (CHAPTER 82, AB 96)κ
and the infamous crime against nature, upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony.
2. For the violation of any of the provisions of this section, the trial judge shall fix, specifically, a determinate sentence of the person convicted, which shall, in each case, consist of imprisonment in the state prison for not less than 5 years nor more than 10 years.
3. No person convicted of violating any of the provisions of subsection 1 of this section may be:
(a) Paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certify that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 12Senator Gallagher
CHAPTER 83
AN ACT to amend NRS 662.130, relating to Saturday closing of banks and trust companies, by eliminating the requirement that banks and trust companies remain open on a Saturday when the preceding Friday or the following Monday is a legal holiday; and providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 662.130 is hereby amended to read as follows:
662.130 1. Any bank or trust company, or branch thereof, organized under the laws of, or doing business in, this state as a commercial bank, savings bank or trust company, may remain closed on any or all Saturdays, [unless the next preceding Friday or the next succeeding Monday is a legal holiday on which day the bank or trust company, or branch thereof, is closed;] and such Saturday on which such bank or trust company, or branch thereof, remains closed shall be, with respect to it, a holiday and not a business day.
2. Any act authorized, required or permitted to be performed at or by or with respect to any such bank or trust company, or branch thereof, on such a Saturday when the bank or trust company, or branch thereof, is closed, may be so performed on the next succeeding business day and no liability or loss [or] of rights of any kind shall result from such delay.
κ1961 Statutes of Nevada, Page 94 (CHAPTER 83, SB 12)κ
thereof, on such a Saturday when the bank or trust company, or branch thereof, is closed, may be so performed on the next succeeding business day and no liability or loss [or] of rights of any kind shall result from such delay.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 27Senator Dial
CHAPTER 84
AN ACT to amend NRS sections 78.135 and 78.185, relating to the authority of directors and representatives of private corporations and the acquisition of new names by defaulting corporations upon reinstatement, by changing the term corporation of its officers to corporation or its officers and by substituting the secretary of state for the governor as the officer to whom proposed new names are submitted.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.135 is hereby amended to read as follows:
78.135 1. The statement in the certificates or articles of incorporation of the objects, purposes, powers and authorized business of the corporation constitutes, as between the corporation and its directors, officers or stockholders, an authorization to the directors and a limitation upon the actual authority of the representatives of the corporation. Such limitations may be asserted in a proceeding by a stockholder or the state to enjoin the doing or continuation of unauthorized business by the corporation [of] or its officers, or both, in cases where third parties have not acquired rights thereby, or to dissolve the corporation, or in a proceeding by the corporation or by the stockholders suing in a representative suit against the officers or directors of the corporation for violation of their authority.
2. No limitation upon the business, purposes or powers of the corporation or upon the powers of the stockholders, officers or directors, or the manner of exercise of such powers, contained in or implied by the articles shall be asserted as between the corporation or any stockholder and any third person.
3. Any contract or conveyance, otherwise lawful, made in the name of a corporation, which is authorized or ratified by the directors, or is done within the scope of the authority, actual or apparent, given by the directors, binds the corporation, and the corporation acquires rights thereunder, whether the contract is executed or is wholly or in part executory.
Sec. 2. NRS 78.185 is hereby amended to read as follows:
78.185 In all cases where any corporation is suspended from doing business under the provisions of this chapter, or shall have heretofore been suspended from doing business under the provisions of any previous act of the legislature of Nevada, and the corporate name of such corporation shall have been legally acquired by another corporation prior to the application for reinstatement of such defaulting corporation, such defaulting corporation shall in its application for reinstatement submit to the [governor] secretary of state some other name under which it desires its corporate existence to be reinstated.
κ1961 Statutes of Nevada, Page 95 (CHAPTER 84, SB 27)κ
been suspended from doing business under the provisions of any previous act of the legislature of Nevada, and the corporate name of such corporation shall have been legally acquired by another corporation prior to the application for reinstatement of such defaulting corporation, such defaulting corporation shall in its application for reinstatement submit to the [governor] secretary of state some other name under which it desires its corporate existence to be reinstated. If such name is sufficiently distinctive and different from all existing corporations, the secretary of state shall issue to such defaulting corporation a certificate of reinstatement under such new name.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 92Senator Dial
CHAPTER 85
AN ACT to amend NRS section 78.160, relating to filing of lists of directors and officers and designations of resident agents by new corporations, by requiring such corporations to file certificates of acceptance signed by their resident agents.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.160 is hereby amended to read as follows:
78.160 1. Every corporation hereafter organized under the laws of this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
(a) File a list of its officers and directors, [and] a designation of its resident agent [.] , and a certificate of acceptance signed by the resident agent so designated. The address of the resident agent shall be the same as that of the principal office.
(b) Pay to the secretary of state a fee therefor of $10.
(c) File a copy of the designation of resident agent in the office of the county clerk of the county in which the principal office of the corporation in this state is located.
2. Annually thereafter such corporation shall file a list of its officers and directors and pay the fee set forth in NRS 78.150.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 96κ
Senate Bill No. 98Committee on Aviation, Transportation and Highways
CHAPTER 86
AN ACT to amend chapter 706 of NRS, relating to motor vehicle carriers, by adding a new section allowing vehicle operators to obtain one-trip registrations in lieu of other licenses; by establishing fees; by providing restrictions and exceptions; and by providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The owner or operator of a vehicle coming within the provisions of the Interstate Highway User Fee Apportionment Act may, in lieu of registering such vehicle pursuant to the provisions of NRS 706.800 to 706.830, inclusive, apply for and obtain a one-trip registration upon payment of a fee of $2.50, which fee shall be in lieu of all other fees and service charges due pursuant to the provisions of NRS 706.710 to 706.860, inclusive.
2. One-trip registrations authorize operation over the public highways of this state for a period of not more than 96 consecutive hours, and permit one, but not more than one, round trip into or across the State of Nevada.
3. If the owner or operator of a vehicle subject to registration pursuant to the provisions of NRS 706.730 to 706.860, inclusive, elects to use the one-trip registration option, such registration shall be obtained through prior arrangement with the department or at the nearest port of entry, highway patrol station or vendor station after entry into the state. If such prior arrangement or direct payment is not made, such vehicles shall be treated as parts of fleets pursuant to the provisions of NRS 706.730 to 706.860, inclusive.
4. The provisions of this section do not apply to interchange trailers if such interchange trailers are entitled to operate without payment of additional fees according to the rules and regulations of the department.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 97κ
Senate Bill No. 103Committee on Aviation, Transportation and Highways
CHAPTER 87
AN ACT to amend NRS sections 706.790, 706.810 to 706.830, inclusive, and 706.860, relating to certain motor vehicle carrier fees, registrations, applications, licenses, penalties, liens and audits, by deleting a fee exemption; by providing a new method of computing fees; by deleting requirements that the department of motor vehicles issue certain licenses; by clarifying the manner of payment of certain fees; by deleting lien provisions; by requiring payment of additional fees; and by providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.790 is hereby amended to read as follows:
706.790 All fees shall be paid pursuant to NRS 706.730 to 706.860, inclusive, upon or for vehicles subject to the fees, except if the vehicle is entitled to operate in this state with or without payment of fees pursuant to an agreement made in conformity with subsection 1 of NRS 706.780. [or the vehicle is not part of a fleet of two or more vehicles at least one of which operates in two or more states which have adopted the plan.]
Sec. 2. NRS 706.810 is hereby amended to read as follows:
706.810 1. Each operator shall qualify to operate under NRS 706.730 to 706.860, inclusive, by filing an application for that purpose with the department of motor vehicles prior to the time any fee becomes delinquent.
2. The applicant shall:
(a) Show the total mileage of vehicles operated by such person in all states and in this state during the preceding statutory licensing period and describe and identify each vehicle to be operated during the registration period in such detail as the department may require.
(b) [Designate a sufficient number of specified vehicles to be registered, for which fees will be paid, as will produce total fee payments for all fees imposed by this state, not less than the proportion of the amount which would be paid were the entire fleet registered in this state that the total mileage in this state bears to total mileage as defined in NRS 706.740 as reported in the statement.] Be accompanied by a fee to be computed as follows:
(1) Divide the number of in-state miles by the total number of fleet miles;
(2) Determine the total amount necessary, whether for fees or taxes, to register all vehicles in the fleet for which registration is requested;
(3) Multiply the amount determined under subparagraph (2) by the fraction obtained under subparagraph (1).
(4) To the product obtained under subparagraph (3), add a service charge of $2 for each vehicle listed in the application.
Sec. 3. NRS 706.820 is hereby amended to read as follows:
706.820 [1.] Upon the payment of all fees required under NRS 706.730 to 706.860, inclusive, and the laws of this state in order to register the vehicles designated in the statement to be registered and otherwise complying with all requirements for the registration of such vehicles, the department of motor vehicles shall register them, and shall issue plates, licenses, emblems, certificates or other devices for such vehicles in the same manner as otherwise provided by law, [.
κ1961 Statutes of Nevada, Page 98 (CHAPTER 87, SB 103)κ
register the vehicles designated in the statement to be registered and otherwise complying with all requirements for the registration of such vehicles, the department of motor vehicles shall register them, and shall issue plates, licenses, emblems, certificates or other devices for such vehicles in the same manner as otherwise provided by law, [. In addition, the department shall issue such plates, licenses, emblems, certificates or other devices for the remaining vehicles of the fleet as will identify them for the purpose of showing that they have complied with the laws of this state,] except that such vehicles shall not be so registered unless they are registered and have paid fees pursuant to law in some other state which has adopted the plan or with which this state has reciprocity. A service charge of $2 shall be made for the registration of each [such remaining] vehicle. [, but they shall not be liable for the payment of any other fees during the period for which registered.
2. If the amount of fees for which an operator would be required to register vehicles to pay under NRS 706.730 to 706.860, inclusive, does not exceed 50 percent of the fees upon or for the vehicle in his fleet upon or for which the smallest amount of fees would otherwise be required to be paid under the laws of this state, then all the vehicles of such operator shall be registered without payment of fees and otherwise treated as if they were remaining vehicles under this section.]
Sec. 4. NRS 706.830 is hereby amended to read as follows:
706.830 [1.] If any vehicle in a fleet is first registered after the final date for the annual payment of fees under the laws of this state as they exist without NRS 706.730 to 706.860, inclusive, such vehicles shall pay fees in the amount provided by law for the then registration of the vehicle [only of its registration is necessary in order that the amount of fees required to be paid under NRS 706.820 be paid,], in the manner provided in NRS 706.810, and such vehicle shall after registration be treated for all purposes as otherwise provided for vehicles of a fleet.
[2. If no fees are payable for the registration of the vehicle, the service charge provided in NRS 706.820 shall be paid.]
Sec. 5. NRS 706.860 is hereby amended to read as follows:
706.860 1. If upon audit it is determined that more vehicles of a fleet should have been registered in this state than were actually registered, or that additional fees are due, the department may require such registration [, and all fees (payable upon registration or otherwise) to which such vehicles should have been subject, together with penalties and interest thereon, less any service charges actually paid on or for such vehicles, shall be a lien upon all the property of the owner or operator until such fees, penalties and interest are paid or until the department with which the vehicle should have been registered sells the property of the owner for the payment of the fees.] or payment of additional fees.
2. Until such fees are paid, each vehicle of the fleet, if operated in this state, shall be subject to registration and payment of fees, penalties and interest as if NRS 706.730 to 706.860, inclusive, had never been enacted and as if there were no reciprocity.
κ1961 Statutes of Nevada, Page 99 (CHAPTER 87, SB 103)κ
in this state, shall be subject to registration and payment of fees, penalties and interest as if NRS 706.730 to 706.860, inclusive, had never been enacted and as if there were no reciprocity.
________
Assembly Bill No. 111Committee on State, County and City Affairs
CHAPTER 88
AN ACT to amend NRS section 218.050, relating to the apportionment of legislators, by reapportioning assemblymen among the several counties; and providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.050 is hereby amended to read as follows:
218.050 1. The senate shall consist of 17 members, and the assembly shall consist of 37 members.
2. The apportionment of senators and assemblymen in the several counties of this state shall be as follows:
Churchill County: 1 senator and [2 assemblymen.] 1 assemblyman.
Clark County: 1 senator and [9] 12 assemblymen.
Douglas County: 1 senator and 1 assemblyman.
Elko County: 1 senator and [4] 2 assemblymen.
Esmeralda County: 1 senator and 1 assemblyman.
Eureka County: 1 senator and 1 assemblyman.
Humboldt County: 1 senator and [2 assemblymen.] 1 assemblyman.
Lander County: 1 senator and 1 assemblyman.
Lincoln County: 1 senator and [2 assemblymen.] 1 assemblyman.
Lyon County: 1 senator and [2 assemblymen.] 1 assemblyman.
Mineral County: 1 senator and [2 assemblymen.] 1 assemblyman.
Nye County: 1 senator and [2 assemblymen.] 1 assemblyman.
Ormsby County: 1 senator and [2 assemblymen.] 1 assemblyman.
Pershing County: 1 senator and 1 assemblyman.
Storey County: 1 senator and 1 assemblyman.
Washoe County: 1 senator and [10] 9 assemblymen.
White Pine County: 1 senator and [4 assemblymen.] 1 assemblyman.
Sec. 2. 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. 3. This act shall become effective on January 1, 1962, only for the purpose of electing members of the assembly at the general election in 1962. For all other purposes, this act shall become effective on the day next after the election of members of the assembly at the general election in 1962.
________
κ1961 Statutes of Nevada, Page 100κ
Senate Bill No. 42Senator Parks
CHAPTER 89
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 on single claims; by changing the contents required in location certificates; and by providing other matters properly relating thereto.
[Approved March 13, 1961]
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 either subsection [2.] 2 or 3.
2. The locator of [the] two or more contiguous lode mining [claim] claims 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. 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] 20.661 acres or fraction thereof.
3. The locator of a single lode mining claim shall expend $100 or perform the work on such claim as provided in subsection 2, or shall 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.
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.
κ1961 Statutes of Nevada, Page 101 (CHAPTER 89, SB 42)κ
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) A description and the location of the work done and the cost thereof or the dimensions and locations of the discovery shaft or its equivalent sunk upon the claim or, if two or more contiguous claims, 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] the 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.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 45Clark County Delegation
CHAPTER 90
AN ACT to amend NRS section 704.230, relating to installation and use of watermeters in cities and towns, by allowing such installation and use in cities and towns located in counties having a population of 120,000 or more; and by providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.230 is hereby amended to read as follows:
704.230 1. It shall be unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate or use, within such city or town, any mechanical watermeter, or similar mechanical device, to measure the quantity of water delivered to water users.
2. Nothing in subsection 1 shall apply to cities and towns owning and operating municipal waterworks [.] , or to cities and towns located in counties having a population of 120,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 102κ
Assembly Bill No. 132Mr. Godbey
CHAPTER 91
AN ACT to amend NRS section 286.360, relating to conditions under which excluded employers may be admitted to the public employees retirement system, by adding a new provision authorizing a council-manager type of city to enter into an agreement with the public employees retirement board concerning accreditation of community service prior to incorporation; and providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.360 is hereby amended to read as follows:
286.360 1. A public employer which is excluded under NRS 286.340 or which comes into existence after May 1, 1948, or which, under authority of this chapter, is excluded or excludes its employees from the system, may request the board to make a study and an estimate of the cost of including it and its eligible employees in the system. The board shall thereupon cause the study and estimate to be made, the cost of which the public employer shall bear. Upon completion of the study and estimate, the employer may apply for admission to the system, whereupon it shall begin to participate therein and its eligible employees shall become members of the system.
2. Any municipal corporation incorporated under the provisions of paragraph (b) of subsection 1 of NRS 267.010 and admitted to the retirement system following incorporation may enter into an agreement with the board concerning accreditation of community service prior to incorporation. Such community service may be accredited toward retirement under the terms of any such agreement.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 152Committee on Social Welfare
CHAPTER 92
AN ACT to amend NRS sections 425.200, 426.120, 427.090 and 432.070, relating to welfare recipients lists, mailing of warrants and the powers and duties of the state welfare department, by providing that such department shall employ the facilities of the state central mailing system in mailing welfare warrants; and by providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.200 is hereby amended to read as follows:
425.200 1. The director of the department shall furnish to the state controller and the state treasurer a full, true and correct list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter.
κ1961 Statutes of Nevada, Page 103 (CHAPTER 92, AB 152)κ
each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the director of the department to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the fund payable to each recipient in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall [mail] deliver all warrants to the department and the department shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto.
4. The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund in the state treasury shall be open to inspection and subject to audit by officers and agents of the United States.
Sec. 2. NRS 426.120 is hereby amended to read as follows:
426.120 1. The director of the state welfare department shall furnish to the state controller and the state treasurer a full, true and correct list of recipients of this state entitled to aid to the blind, and of the monthly amount to be paid to each of them, which list is subject to revision by the director of the state welfare department to make it conform to such changes as may be duly made pursuant to the terms of NRS 426.010 to 426.500, inclusive.
2. The state controller shall promptly, upon receiving such certified list, draw his warrant upon the aid to the blind fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to such certified list, and the state treasurer shall pay the same.
3. Every such warrant shall be for the total amount of federal and state funds to which each such recipient is entitled under the provisions of NRS 426.010 to 426.500, inclusive.
4. The state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, [mail] deliver all such warrants to the state welfare department, and the department shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto as determined by the department.
Sec. 3. NRS 427.090 is hereby amended to read as follows:
427.090 The state department shall:
1. Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this chapter.
2. Establish minimum standards for personnel employed by the state department in the administration of this chapter and make necessary rules and regulations to maintain such standards.
κ1961 Statutes of Nevada, Page 104 (CHAPTER 92, AB 152)κ
3. Mail checks received by it from the state controller under the provisions of this chapter through the facilities of the state central mailing system to the recipient entitled thereto at his last-known post office address with proper safeguard to assure that the recipient or his legal representative actually receives the same.
4. Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
5. Make such reports in such form and containing such information as the Federal Government may from time to time require, and comply with such provisions as the Federal Government may from time to time find necessary to assure the correctness and verification of such reports.
Sec. 4. NRS 432.070 is hereby amended to read as follows:
432.070 1. The director shall furnish to the state controller and the state treasurer a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the several funds provided for in this chapter, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the director to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the particular fund payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal, state and county funds to which each claimant is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall [mail] deliver all warrants to the department, and the department shall mail such warrants through the facilities of the state central mailing system to the claimants entitled thereto.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 105κ
Assembly Bill No. 196Committee on Ways and Means
CHAPTER 93
AN ACT providing additional and supplemental appropriations from the general fund in the state treasury for the support of the state welfare department, the California-Nevada compact commission, the division of forestry of the state department of conservation and natural resources, the state park commission, the state planning board and the Nevada school of industry for the fiscal year ending June 30, 1961; authorizing and directing the state controller to transfer funds from the department of motor vehicles highway patrol division fund to the department of motor vehicles automation fund; and providing other matters properly relating thereto.
[Approved March 13, 1961]
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, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $10,000 for the support of the state welfare department for child welfare services as an additional and supplemental appropriation to that allowed and made by section 34 of chapter 250, Statutes of Nevada 1960.
Sec. 2. For the fiscal year ending June 30, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $6,000 for the support of the California-Nevada compact commission as an additional and supplemental appropriation to that allowed and made by section 48 of chapter 250, Statutes of Nevada 1960.
Sec. 3. For the fiscal year ending June 30, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $15,000 for the support of the division of forestry of the state department of conservation and natural resources for fire suppression as an additional and supplemental appropriation to that allowed and made by section 48 of chapter 250, Statutes of Nevada 1960.
Sec. 4. For the fiscal year ending June 30, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $14,498 for the support of the state park commission as an additional and supplemental appropriation to that allowed and made by section 50 of chapter 250, Statutes of Nevada 1960.
Sec. 5. For the fiscal year ending June 30, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $4,585 for the support of the state planning board as an additional and supplemental appropriation to that allowed and made by section 13 of chapter 250, Statutes of Nevada 1960.
Sec. 6. For the fiscal year ending June 30, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $40,183 for the support of the Nevada school of industry as an additional and supplemental appropriation to that allowed and made by section 40 of chapter 250, Statutes of Nevada 1960.
Sec. 7. For the fiscal year ending June 30, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $62,336 for the support of the Nevada school of industry for the care of girls committed to the Nevada school of industry as an additional and supplemental appropriation to that allowed and made by section 40 of chapter 250, Statutes of Nevada 1960.
κ1961 Statutes of Nevada, Page 106 (CHAPTER 93, AB 196)κ
of girls committed to the Nevada school of industry as an additional and supplemental appropriation to that allowed and made by section 40 of chapter 250, Statutes of Nevada 1960.
Sec. 8. The state controller is hereby authorized and directed to transfer from the department of motor vehicles highway patrol division fund (fund code number 243-2 in the office of the state controller) to the department of motor vehicles automation division fund (fund code number 198-2 in the office of the state controller) the sum of $10,500.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 249Committee on Ways and Means
CHAPTER 94
AN ACT to amend an act entitled An Act appropriating $2,063,877 from the general fund and $44,700 from the fish and game fund for various state capital improvements, physical plant design, construction, rehabilitation, remodeling, repairs, additions, equipment and furnishings, land acquisitions, surveys, preparation of plans, specifications and contract documents, and other things; stating the powers, duties and responsibilities of the state planning board and other officers; and providing other matters properly relating thereto, approved March 17, 1960.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 261, Statutes of Nevada 1960, at page 468, is hereby amended to read as follows:
Section 4. The sum of [$44,700 is hereby appropriated from the fish and game fund for the support of the state planning board for the accomplishment of the following projects and in the sums set forth thereafter:
(a) Design and construction of a house at the Mason Valley wildlife area $16,000
(b) Design and construction of a fish and game headquarters building at Las Vegas, Nevada........................................................................................................... 28,700]
$16,000 is hereby appropriated from the fish and game fund for the design and construction of a house at the Mason Valley wildlife area.
Sec. 2. The title of the above-entitled act, being chapter 261, Statutes of Nevada 1960, at page 466, is hereby amended to read as follows:
An Act appropriating $2,063,877 from the general fund and [$44,700] $16,000 from the fish and game fund for various state capital improvements, physical plant design, construction, rehabilitation, remodeling, repairs, additions, equipment and furnishings, land acquisitions, surveys, preparation of plans, specifications and contract documents, and other things; stating the powers, duties and responsibilities of the state planning board and other officers; and providing other matters properly relating thereto.
κ1961 Statutes of Nevada, Page 107 (CHAPTER 94, AB 249)κ
remodeling, repairs, additions, equipment and furnishings, land acquisitions, surveys, preparation of plans, specifications and contract documents, and other things; stating the powers, duties and responsibilities of the state planning board and other officers; and providing other matters properly relating thereto.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 255Mr. Pozzi
CHAPTER 95
AN ACT to amend NRS section 527.110, relating to confiscation and sale of trees cut unlawfully and disposition of the proceeds, by requiring that proceeds of sale of confiscated trees which originated on federal land be paid over to the federal agency administering such land.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 527.110 is hereby amended to read as follows:
527.110 1. The state forester firewarden, or his duly authorized agent, officials of the United States Forest Service or of the Bureau of Land Management, and peace officers are hereby authorized to confiscate trees which have been cut in a manner not authorized by law. Trees which are confiscated shall be sold to the highest bidder therefor, by the sheriff of the county wherein the trees were confiscated. The sale shall be held by the sheriff in a like manner as on an execution.
2. If it is determined that the trees originated on privately owned lands, the owner thereof shall be notified of the sale, and the proceeds of the sale, after deducting the cost thereof, shall be paid over to the owner.
3. If the owner of the lands cannot be determined, or if the trees originated on [public] state lands, the net proceeds of sale shall be deposited in the general fund of the state.
4. If the trees originated on land owned by the Government of the United States, the net proceeds shall be paid over to the federal agency administering such land.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 108κ
Assembly Bill No. 257Mr. Pozzi
CHAPTER 96
AN ACT to amend NRS section 527.100, relating to unlawful cutting, destruction and transportation of Christmas trees, by providing that the state forester firewarden shall adopt regulations governing Christmas tree cutting practices; and by providing other matters properly relating thereto.
[Approved March 13, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 527.100 is hereby amended to read as follows:
527.100 1. Except as otherwise provided by law, it shall be unlawful for any person, firm, company or corporation, his, its or their agent or agents, willfully or negligently to cut, destroy, mutilate or remove any tree or branches thereof, or knowingly transport or sell any tree or its branches from any of the lands owned by or under the jurisdiction of the State of Nevada or its counties, or on any reserved or unreserved lands owned by the United States, or from any privately owned lands, without written permission from the legal owner, or his duly authorized agent, specifying locality by legal land description and number of trees to be cut.
2. For the purpose of sustaining productivity and preservation of the water-supplying functions of Nevada forest lands, the state forester firewarden, with the approval of the state board of forestry and fire control, shall adopt such reasonable regulations governing cutting, stump heights, skidding and other Christmas tree cutting practices as are deemed necessary.
3. This section shall not apply to necessary cutting or trimming of trees if done for maintenance of electric powerlines, telephone lines or other property of a public utility, or to a logging operation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 151Committee on Social Welfare
CHAPTER 97
AN ACT to amend NRS section 426.300, relating to the authority of the state welfare department concerning treatment to prevent blindness or restore sight, by authorizing the department to pay for such treatment for blind residents who meet the requirements as to economic need for aid to the blind; and providing other matters properly relating thereto.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.300 is hereby amended to read as follows:
426.300 1. The state welfare department may provide for treatment or operations to prevent blindness, or restore vision to applicants for, or recipients of, [aid] services to the blind who request and make written application for such treatment or operation [.]
κ1961 Statutes of Nevada, Page 109 (CHAPTER 97, AB 151)κ
for, or recipients of, [aid] services to the blind who request and make written application for such treatment or operation [.] , and who meet all the requirements relating to economic need for aid to the blind.
2. The state welfare department shall [reimburse the eye patient] pay for all necessary expenses incurred in connection with the diagnosis and treatment. Necessary expenses shall include the costs of guide service, maintenance while the patient is away from his home, transportation to the eye physician or hospital and return to his home, and the cost of nursing home care when such care is necessary.
3. The residence requirements of NRS 426.140 shall apply to applicants for treatment or operation under the provisions of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 12Mr. Kean
CHAPTER 98
AN ACT to amend NRS section 629.070, relating to examinations conducted by the state board of examiners in the basic sciences, by providing that the board may conduct examinations only on the 1st Tuesday after the 1st Monday in March, June, September and December of each year.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 629.070 is hereby amended to read as follows:
629.070 1. The board shall conduct examinations of the 1st Tuesday after the 1st Monday in March, June, September and December of each year, and on no other dates, at such time and place as shall be most convenient to the board.
2. Every applicant shall be examined to determine his knowledge, ability and skill in the basic sciences. The examinations shall be conducted in writing, but may be supplemented by oral examinations, and if practicable shall be supplemented by examinations in the laboratory or dissecting room.
3. If the applicant receives a credit of 75 percent or more in each of the basic sciences, he shall be considered as having passed the examination. If the applicant receives less than 75 percent in one subject and receives 75 percent or more in each of the remaining subjects, he shall be allowed a reexamination at the examination next ensuing, on application and the payment of the prescribed fee, and he shall be required to be reexamined only in the subject in which he received a rating of less than 75 percent. If the applicant receives less than 75 percent in more than one subject, he shall not be reexamined unless he presents proof at least 6 months later, satisfactory to the board, of additional study in the basic sciences sufficient to justify reexamination, and he shall be reexamined in all of the subjects.
κ1961 Statutes of Nevada, Page 110 (CHAPTER 98, AB 12)κ
4. Qualified personnel may be employed to provide an examination to be approved by the board and administered under its supervision.
5. All problems in the conduct of the examinations shall be resolved upon the basis of a unanimous vote of the board except problems relative to the difficulty of particular questions in the examination, which problems shall be resolved by a majority vote of the board.
6. The name or proposed branch of the healing art of any applicant taking the examination will not be made known to any member of the board other than the secretary until such time as the applicant has been finally approved or rejected.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 275Committee on Insurance
CHAPTER 99
AN ACT to amend NRS section 684.030, relating to exemptions from NRS chapter 684 regulating insurance agents and brokers, by exempting office employees of agents and brokers for any function they perform without receiving a commission.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 684.030 is hereby amended to read as follows:
684.030 This chapter shall not apply to the following:
1. Fraternal [beneficiary] benefit societies as defined in this Title, their agents, representatives or employees.
2. Employees engaged solely in office duties for any company, agent, broker or nonresident broker.
3. Salaried administrative and clerical employees performing any functions in the offices of and under the supervision of resident agents or brokers for which such employees do not receive commissions.
4. Employees of companies or of organizations employed by companies who are engaged in inspecting, rating or classifying of risks or in the supervision of agents, and who are not engaged in the solicitation or writing of insurance.
[4.] 5. Officers of companies or of an association of companies engaged in the performance of their usual and customary executive duties.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 111κ
Assembly Bill No. 267Committee on Insurance
CHAPTER 100
AN ACT to amend NRS section 686.030, relating to statements and reports required of foreign or alien insurance companies for the purpose of computing privilege taxes, by providing that all insurance companies doing business in Nevada shall file reports for the purpose of computing premium taxes; by deleting references to foreign and alien companies and to privilege taxes; and by providing other matters properly relating thereto.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.030 is hereby amended to read as follows:
686.030 1. For the purpose of enabling the commissioner to compute the [privilege] premium tax payable by [a foreign or alien] an insurance company, every such company doing business in this state, in addition to all other statements and reports required by law, shall file a report in writing with the commissioner not later than March 1 of each year, in the form prescribed by the commissioner, signed and sworn to by its president, vice president, secretary, treasurer or manager.
2. The commissioner may require at any time verified supplemental statements with reference to any matter pertinent to the proper assessment of the tax.
3. Any company authorized to transact business that fails or refuses to file its report within the time required by this section shall be required to pay a penalty equal to 10 percent of the amount of the tax assessed against it.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 241Committee on Public Health and Public Morals
CHAPTER 101
AN ACT to amend chapter 584 of NRS, relating to dairy products and substitutes, by adding new sections defining terms, providing for regulations by the state board of health governing the production and distribution of frozen desserts, establishing a basis for such regulations, providing penalties, and providing other matters properly relating thereto; to amend NRS section 584.255, relating to inspections by the commissioner of food and drugs, by deleting a provision relating to accuracy tests for creamery equipment; and to repeal NRS sections 584.010 to 584.105, inclusive, and 584.290 to 584.300, inclusive, relating to the classification, manufacture, storage and sale of ice cream, to butterfat content in cream, and to milk and cream receptacles.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
κ1961 Statutes of Nevada, Page 112 (CHAPTER 101, AB 241)κ
Sec. 2. As used in sections 2 to 6, inclusive, of this act:
1. Frozen dessert means any clean frozen or partially frozen combination of two or more of the following: Milk or milk products, eggs or egg products, sugars, water, fruit or fruit juices, candy, nut meats, or other harmless and wholesome food products, flavors, color or harmless stabilizer, and includes ice cream, frozen custard, ice milk, milk sherbet, ices and other similar products.
2. Mix means the unfrozen combination of all ingredients of a frozen dessert with or without fruits, fruit juices, candy, nut meats, flavor or harmless color.
Sec. 3. The state board of health shall adopt, and may amend and repeal, reasonable regulations governing:
1. The production, manufacturing, mixing, preparing, processing, pasteurizing, freezing, packaging, transportation, handling, sampling, examination, labeling and sale of all mix and frozen desserts sold for ultimate consumption within the State of Nevada.
2. The inspection of all establishments engaged in the production, processing and distribution of mix and frozen desserts.
3. The issuing and revocation of permits to frozen desserts plants.
4. The grading and regrading of frozen desserts plants.
5. The displaying of grade placards.
6. The fixing of penalties for violation of such regulations.
Sec. 4. The regulations adopted pursuant to section 3 of this act shall:
1. Be based upon the provisions of The United States Public Health Service Frozen Desserts Ordinance, 1940 edition.
2. Have the force and effect of law and supersede all ordinances and regulations inconsistent therewith.
Sec. 5. A copy of every regulation adopted by the state board of health, bearing the date on which it takes effect, shall be filed with the secretary of state, and copies of the regulations shall be published immediately after adoption and issued in pamphlet form for distribution to local health officers and citizens of the state.
Sec. 6. Any person who violates any provision of the regulations adopted pursuant to section 3 of this act, or refuses or neglects to obey any lawful order of the state board of health, is guilty of a misdemeanor and shall be punished by a fine of not more than $300, or imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 7. NRS 584.255 is hereby amended to read as follows:
584.255 [1.] The commissioner of food and drugs shall, from time to time, inspect and examine as to their accuracy, or their adaptability to give accurate results, all glassware, measures, scales, weights and other apparatus used in creameries and factories of dairy products, where milk and cream are purchased, to determine the amount of percentage of fat in milk or cream.
[2. The commissioner of food and drugs shall also, upon payment at the rate of $1 for each dozen, test or examine into the accuracy of all test bottles or tubes and pipettes sent to him direct from any creamery, or other factory of dairy products, where milk or cream is purchased, and, if found accurate, or adapted to give accurate results, the letters C.F.D. shall be marked upon each piece of apparatus examined.]
κ1961 Statutes of Nevada, Page 113 (CHAPTER 101, AB 241)κ
creamery, or other factory of dairy products, where milk or cream is purchased, and, if found accurate, or adapted to give accurate results, the letters C.F.D. shall be marked upon each piece of apparatus examined.]
Sec. 8. NRS 584.010 to 584.105, inclusive, and NRS 584.290 to 584.300, inclusive, are hereby repealed.
Sec. 9. This act shall become effective May 1, 1961.
________
Assembly Bill No. 183Committee on Fish and Game
CHAPTER 102
AN ACT to amend NRS section 503.310, relating to live bait, by authorizing state board of fish and game commissioners to charge a reasonable fee for permits issued for live bait fish.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.310 is hereby amended to read as follows:
503.310 1. The commission is empowered to regulate or prohibit the use of live bait in fishing to the end that no undesirable species of fish intentionally or unintentionally may be introduced into the public waters of this state.
2. Any person engaged in the sale, capture, transportation or propagation of fish for bait shall first obtain a permit from the commission. [, which permit shall be issued without charge and] The commission may charge a reasonable fee not to exceed $10 for each permit. Such permit may be revoked for any violation of regulations.
3. The commission may prescribe the species of fish which may be taken, held or sold by the permittee.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 114κ
Assembly Bill No. 178Committee on Fish and Game
CHAPTER 103
AN ACT to amend NRS sections 503.320, 504.160, 504.230, 504.240, 504.400 and 505.070, relating to permits and licenses issued by the state board of fish and game commissioners, by providing that such permits and licenses shall be valid for 1 year from July 1 through June 30; by extending the period of validity of existing licenses through June 30, 1961; and by providing other matters properly relating thereto.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.320 is hereby amended to read as follows:
503.320 1. Carp and other coarse fish may be taken in the waters of all districts and in Walker, Winnemucca, Pyramid, Lahontan and Topaz Lakes at any time during any year; provided:
(a) That a permit is obtained from the commission by the person or persons intending to catch carp or other coarse fish. The commission must provide a suitable inspector or game warden to inspect catches of carp and fix a license fee for the privilege.
(b) That no permit or inspection shall be required to take carp or other coarse fish during any open season on game fish in such waters.
2. Nothing in this section shall prohibit the commission by general regulations applicable to specified districts, or the respective county boards in their territory, by regulations declared and made public, from imposing such stricter control over fishing for carp and other coarse fish, including a limitation of any open season, as may be deemed expedient to prevent abuse of fishing privileges generally, or from regulating the size or controlling the use of minnow traps.
3. Permits issued pursuant to the provisions of this section shall be valid for the term of 1 year from July 1 through June 30.
Sec. 2. NRS 504.160 is hereby amended to read as follows:
504.160 1. No fish spawn, fry or fish from any private hatchery shall be sold under the terms of this Title unless the location and plan of such hatchery is approved by the commission, the same duly licensed as a private hatchery, and the commission approves the same.
2. Before any private hatchery shall be entitled to the benefits of this Title, it shall pay to the state treasurer an annual license fee of $10, which fee shall be credited to the fish and game fund.
3. Licenses issued pursuant to the provisions of this section shall be valid for the term of 1 year from July 1 through June 30.
Sec. 3. NRS 504.230 is hereby amended to read as follows:
504.230 1. Any person may establish a private noncommercial breeding ground for the propagation, culture and maintenance of any fur-bearing or game animal, or any game bird, and shall pay therefor to the commission an annual license fee of $1.
2. The products of such noncommercial breeding ground shall not be sold, nor disposed of in any way other than for the immediate and personal use of the licensee.
κ1961 Statutes of Nevada, Page 115 (CHAPTER 103, AB 178)κ
3. Licenses issued pursuant to the provisions of this section shall be valid for the term of 1 year from July 1 through June 30.
Sec. 4. NRS 504.240 is hereby amended to read as follows:
504.240 1. Before the owner or proprietor of any private breeding ground shall be entitled to the benefits of NRS 504.220 to 504.290, inclusive, he shall:
(a) Make application to the commission, accompanied by an annual license fee of $25, setting forth the place and location of the breeding ground, for approval by the commission.
(b) Receive the approval of the commission and a receipt with the license number thereon.
2. After approval by the commission and its receipt of the license fee of $25 the breeding ground shall be deemed duly licensed.
3. All fees shall be placed to the credit of the fish and game fund.
4. Licenses issued pursuant to the provisions of this section shall be valid for the term of 1 year from July 1 through June 30.
Sec. 5. NRS 504.400 is hereby amended to read as follows:
504.400 1. No person shall operate a commercial hunting or fishing camp, establishment or service unless he shall first apply to the commission for a license therefor. The commission may approve the application, and upon receipt of the required license fee shall issue a license to the applicant.
2. The annual license fee for a hunting camp shall be $50. The annual license fee for a fishing camp shall be $5.
3. Licenses issued pursuant to the provisions of this section shall be valid for the term of 1 year from July 1 through June 30.
Sec. 6. NRS 505.070 is hereby amended to read as follows:
505.070 [The licenses required by this chapter shall be issued annually and shall expire on December 31 of each year.] Licenses issued pursuant to the provisions of this chapter shall be valid for the term of 1 year from July 1 through June 30. No reduction in the fee charged for a license shall be made in any case where the license runs for less than 1 year.
Sec. 7. All permits and licenses issued pursuant to the provisions of NRS 503.320, 504.160, 504.230, 504.240, 504.400 and 505.070 during the year 1960 shall be valid through June 30, 1961, without the payment of an additional fee.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 116κ
Assembly Bill No. 175Committee on Fish and Game
CHAPTER 104
AN ACT to amend NRS section 503.270, relating to open seasons and hours for fishing, by allowing the state board of fish and game commissioners to regulate all fishing for game fish between 2 hours after sunset and 1 hour before sunrise; and by providing other matters properly relating thereto.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.270 is hereby amended to read as follows:
503.270 1. Except as provided in subsection 2, it shall be unlawful for any person to fish in or from any of the waters of the State of Nevada except during the open season, or on any calendar day before 1 hour before sunrise or later than 2 hours after sunset.
2. [It shall be lawful to fish for any species of catfish during the open season at any hour of the day or night.] The commission may by regulation allow fishing for any one or more species of game fish during the hours between sunset and sunrise when fishing is otherwise prohibited by subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 274Committee on Insurance
CHAPTER 105
AN ACT to amend NRS sections 452.050, 452.180 and 452.250, relating to endowment care cemetery funds and mausoleum maintenance funds, by transferring the functions of the commissioner of insurance and the state board of health concerning such funds to the state board of finance; and providing other matters properly relating thereto.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 452.050 is hereby amended to read as follows:
452.050 1. Every cemetery corporation, association or other organization referred to as a cemetery authority in NRS 452.050 to 452.180, inclusive, which now or hereafter maintains a cemetery, may place its cemetery under endowment care and establish, maintain and operate an endowment care fund after having first applied for and received a permit from the [commissioner of insurance of the State of Nevada.] state board of finance.
2. Endowment care and special care funds may be commingled for investment and the income therefrom shall be divided between the endowment care and special care funds in the proportion that each fund contributed to the principal sum invested.
κ1961 Statutes of Nevada, Page 117 (CHAPTER 105, AB 274)κ
fund contributed to the principal sum invested. The funds may be held in the name of the cemetery authority or its directors, or in the name of the trustees appointed by the cemetery authority.
Sec. 2. NRS 452.180 is hereby amended to read as follows:
452.180 1. It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery broker or salesman, to represent that an endowment care fund or any other fund set up for maintaining care is perpetual or permanent, or to sell, offer for sale or advertise any plot under representation that the plot is under endowment care, before an endowment care fund has been established for the cemetery in which the plot is situated. Any person violating any of the provisions of NRS 452.050 to 452.180, inclusive, shall be personally liable for all damages resulting to any person or persons by reason of such violation, and shall also upon conviction thereof be guilty of a misdemeanor punishable by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.
2. The [commissioner of insurance,] state board of finance, for the purpose of ascertaining the assets, conditions, and affairs of any endowment care cemetery, may examine the books, records, documents and assets of any endowment care cemetery operating, or being organized to operate as such, in the State of Nevada, and may make whatever other investigations as may be necessary to determine that such cemeteries are complying fully with the provisions of NRS 452.050 to 452.180, inclusive.
3. If, after an examination or investigation, the [commissioner of insurance] state board of finance has just cause to believe that a cemetery, [certified by the state as an endowment care cemetery,] granted a permit under the provisions of NRS 452.050 to 452.180, inclusive, has failed to comply with the provisions and requirements of NRS 452.050 to 452.180, inclusive, [he] it may, after due notice and hearing, if [he] it finds the cemetery authority has violated the requirements or regulations contained herein, revoke or refuse to renew the [certificate] permit of such cemetery authority and refer the violation to the attorney general to determine if further action should be taken under subsection 1.
Sec. 3. NRS 452.250 is hereby amended to read as follows:
452.250 1. There shall be deposited with the board of trustees or board of directors of any cemetery corporation or association where the mausoleum, vault or crypt is to be erected a maintenance fund in such sum as shall be determined and fixed by the state board of [health.] finance.
2. After February 28, 1933, the board of directors or board of trustees of a cemetery corporation or association receiving funds as herein provided shall invest or reinvest such funds in:
(a) Bonds of the United States; or
(b) Bonds of this state; or
(c) Bonds of other states of the Union; or
(d) Bonds of counties or municipalities of the states of the Union; or
κ1961 Statutes of Nevada, Page 118 (CHAPTER 105, AB 274)κ
(e) Corporate bonds or preferred or common stock listed on the New York Stock Exchange and approved by the state board of finance.
3. Pending investment as herein provided such funds may be deposited in any savings bank in this state.
4. The income from such investments shall be used for the care and upkeep of the structure and for no other purpose.
Sec. 4. Nothing in this act invalidates any permit issued by the commissioner of insurance pursuant to NRS 452.050 prior to July 1, 1961.
________
Assembly Bill No. 293Committee on Insurance
CHAPTER 106
AN ACT to amend chapter 690 of NRS, relating to life insurance, by adding new sections regulating the issuance of life insurance contracts providing for payments on a variable basis; creating restrictions; providing powers and duties of the commissioner of insurance; providing for investment of certain premiums; and providing other matters properly relating thereto.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 690 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Every domestic life insurance company which issues contracts providing for payments which vary directly according to investment experience shall establish one or more separate accounts in connection with such contracts, as directed by the commissioner.
2. Any surplus or deficit which may arise in any such separate account by virtue of mortality experience shall be adjusted by withdrawals from or additions to such account so that the assets of such account shall always equal the assets required to satisfy the companys obligations for such variable payments.
3. All amounts received by the company which are required by contract to be applied to provide such variable payments shall be added to the appropriate separate account, and the assets of any such separate account shall not be chargeable with liabilities arising out of any other business the company may conduct.
Sec. 3. 1. No domestic or foreign life insurance company shall undertake the issuance of any contract on a variable basis until such company has shown to the satisfaction of the commissioner that it has engaged in the business of transacting life insurance for a period of at least 2 years and that its condition and methods of operation in connection with the issuance of such contracts on a variable basis will not be such as to render its operation hazardous to the public or its policyholders in this state.
2. In determining the qualifications of a company requesting authority to issue or deliver contracts on a variable basis within the state, the commissioner shall consider, among other things, the history and financial condition of the company, the character, responsibility and general fitness of the officers and directors of the company and, in the case of a foreign or alien company, whether the regulation provided by laws of its state of domicile provides a degree of protection to policyholders and the public substantially equal to that provided by the laws of this state.
κ1961 Statutes of Nevada, Page 119 (CHAPTER 106, AB 293)κ
state, the commissioner shall consider, among other things, the history and financial condition of the company, the character, responsibility and general fitness of the officers and directors of the company and, in the case of a foreign or alien company, whether the regulation provided by laws of its state of domicile provides a degree of protection to policyholders and the public substantially equal to that provided by the laws of this state.
Sec. 4. Any contract on a variable basis delivered or issued for delivery in this state, and any certificate evidencing variable benefits issued pursuant to any such contract on a group basis, shall contain a statement of the essential features of the procedure to be followed by the insurance company in determining the dollar amount of variable benefits or other contractual payments or values thereunder, and shall state in clear terms that such amount may decrease or increase according to such procedure. Any such contract delivered or issued for delivery in this state, and any such certificate, shall contain on its first page, in a prominent position, a clear statement that the benefits or other contractual payments or values thereunder are on a variable basis.
Sec. 5. Every domestic life insurance company which issues contracts on a variable basis providing for the dollar amounts of payments or values thereunder to vary so as to reflect the investment results of the variable contract account may invest all the premiums received applicable to such variable contract accounts in such investments, including common and preferred stocks, as are permitted by NRS 682.330 to 682.545, inclusive, for life insurance companies organized under the laws of this state.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 347Miss Frazier and Messrs. Bailey and Schouweiler
CHAPTER 107
AN ACT to amend chapter 388 of NRS, relating to the system of public instruction, by adding new sections authorizing boards of trustees of school districts to employ teachers for the instruction of children detained in detention homes and juvenile forestry camps; providing for the curricula, textbooks, equipment and supplies for such instruction; providing for apportionments from the state distributive school fund to support such instruction; imposing certain duties on the superintendent of public instruction, teachers, boards of trustees of school districts and county auditors; authorizing boards of county commissioners to finance such instruction if the legislature fails to provide necessary funds; and providing other matters properly relating thereto.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
κ1961 Statutes of Nevada, Page 120 (CHAPTER 107, AB 347)κ
Sec. 2. With the approval of the juvenile court and the board of county commissioners, the board of trustees of a school district may employ necessary legally qualified teachers for the instruction of children detained in:
1. A detention home which in maintained by the county pursuant to the provisions of NRS 62.180.
2. A juvenile forestry camp established by the county pursuant to the provisions of NRS 244.297.
Sec. 3. Only courses of instruction approved by the state board of education shall be given in such detention homes or juvenile forestry camps. Necessary textbooks, equipment and supplies shall be furnished by the school district.
Sec. 4. At the time of making the regular quarterly apportionments, the superintendent of public instruction shall apportion from the state distributive school fund to school districts which have employed teachers in accordance with the provisions of section 2 such an amount as is shown, by reports from the school districts, to be necessary under this section. In no case shall the total amount so apportioned in any 1 year exceed the amount set aside for this purpose in the general appropriation act and budgeted for this purpose. Apportionment to any school district under the provisions of this section shall be made in accordance with regulations made by the state board of education.
Sec. 5. Reports shall be made by school districts to the superintendent of public instruction at such time and in such manner as he shall prescribe.
Sec. 6. Teachers teaching in detention homes and juvenile forestry camps shall keep, by months, daily records of the number of pupils under their instruction, and before the school district receives any apportionment provided for in section 4, and at the close of the session, they shall make a final report in duplicate on blanks provided therefor by the superintendent of public instruction, and file a copy thereof with the superintendent of public instruction and with the clerk of the board of trustees of the school district.
Sec. 7. On written orders of the board of trustees of a school district employing teachers pursuant to sections 2 to 6, inclusive, the county auditor shall issue warrants upon the county treasurer for the payment of valid claims for salaries of teachers in amounts not to exceed those amounts apportioned to the school district for such teachers from the state distributive school fund. All such claims shall be legal charges against the school district fund, and the county treasurer is authorized and directed to pay the same.
Sec. 8. If the legislature fails to provide funds for the support of teachers employed to teach in detention homes and juvenile forestry camps, as authorized in sections 2 to 7, inclusive, then the board of trustees of a school district desiring to provide instruction to children detained in such detention homes and juvenile forestry camps may present the annual budget therefor to the board of county commissioners. The board of county commissioners may thereupon authorize the employment of such teachers, and determine the amount to be allowed for salaries therefor, and authorize payment for valid claims therefor to be made from the general fund of the county.
κ1961 Statutes of Nevada, Page 121 (CHAPTER 107, AB 347)κ
the employment of such teachers, and determine the amount to be allowed for salaries therefor, and authorize payment for valid claims therefor to be made from the general fund of the county.
________
Assembly Bill No. 166Select Committee of the Washoe County Delegation District No. 2
CHAPTER 108
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved March 20, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3.41 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 390, is hereby amended to read as follows:
Section 3.41. The city council, among other things, shall have the power:
First-To control, enlarge, or abolish cemeteries, and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located.
Second-To establish, lay out, and to change fire limits, and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings, and sheds in such limits; and to regulate, prescribe or prohibit awnings, porches, signs, placards, or billboards over sidewalks or across streets, and to regulate the same throughout the city.
Third-To provide by ordinance for a supplemental registration of all persons possessing the requisite qualifications of voters in said city, and whose names do not appear on the official register of voters in said city for the last preceding general election; such registration to be held every four years before the police judge and conform as nearly as possible with the requirements of general laws governing registration of persons for primary and general elections; provided, that no such supplemental registration shall be taken later than thirty days preceding any regular city election.
Fourth-To provide and maintain a city prison and to provide for the guarding, safe-keeping, care, feeding, and clothing of city prisoners.
Fifth-To prevent or regulate the running at large within the city of any poultry, hogs, sheep, goats, swine, horses, cows or other animals; to establish a pound and to authorize the impounding, sale, or destruction of any animals or fowl found running at large.
κ1961 Statutes of Nevada, Page 122 (CHAPTER 108, AB 166)κ
Sixth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.
Sec. 2. Section 16 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 463, Statutes of Nevada 1959, at page 815, is hereby amended to read as follows:
Section 16. [The next municipal election in the city shall be held on the first Tuesday after the first Monday in June 1959, and on the same day every four years thereafter, at which time there shall be elected one mayor, one city clerk, one city attorney and one police judge by the qualified electors of the city at large; and five councilmen, as hereinbefore provided, each of whom shall be elected by the qualified electors residing in their respective wards. All elections held under this charter shall be governed by the provisions of the general election laws of the state so far as the same can be made applicable, except that any candidate for any office to be voted for at such municipal election may qualify to have his name placed on the ballot for such office in the following manner. He shall file with the city clerk an affidavit signed by him, which affidavit shall contain the name of the candidate, his residence address, the office which he seeks and his qualifications for the office. The affidavit shall be filed with the city clerk not more than 50 days nor less than 30 days before the day of election. There shall be charged and collected from each candidate for filing a fee of $5 which shall be paid to the city clerk at the time of filing and which shall be deposited in the general fund of the city. The conduct and carrying on of all city elections, except the first, shall be under the control of the council, and they shall, by ordinance, provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things necessary to carry the same into effect.] A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May 1963, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for mayor, city clerk, councilmen as hereinbefore provided, city attorney and police judge.
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50 for filing an affidavit of candidacy for the office of mayor, or a filing fee of $25 for filing an affidavit of candidacy for any other office. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
All candidates, except candidates for councilmen, shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy.
κ1961 Statutes of Nevada, Page 123 (CHAPTER 108, AB 166)κ
The names of the two candidates receiving the highest numbers of votes in the primary municipal election shall be placed on the ballot for the general city election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1963, and on the same day every 4 years thereafter, at which time there shall be elected one mayor, one city clerk, councilmen as hereinbefore provided, one city attorney and one police judge. All candidates, except candidates for councilmen, at the general municipal election shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter.
All elections held under this charter shall be governed by the provisions of the election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May 1959, shall hold office until the first regular meeting of the council next succeeding that in which canvass of returns is made following the general municipal election to be held in June 1963.
Sec. 3. Section 16.01 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 405, is hereby amended to read as follows:
Section 16.01. All persons who reside within the exterior boundaries of said city at the time of holding any city election, and whose names appear upon the official register of voters in and for Sparks election precinct as qualified voters, [at the last preceding general election,] shall have the right to vote at each city election and for all officers to be voted for thereat; provided, that nothing herein shall be construed so as to deny or abridge the power of the council to provide for a supplemental registration as in this charter elsewhere provided.
Sec. 4. Section 16.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 405, is hereby amended to read as follows:
Section 16.02. The election returns from any city [or] special, general or primary election shall be filed with the city clerk, who shall immediately place them in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the mayor and council. The mayor and council shall meet within five days after any city election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the city clerk for six months, and no person shall have access thereto, except on order of a court of general jurisdiction, or by resolution of the council. The city clerk, under his hand and the official seal, shall issue a certificate of election, in accordance with the result as declared by the council, to each person declared to be elected.
κ1961 Statutes of Nevada, Page 124 (CHAPTER 108, AB 166)κ
and the official seal, shall issue a certificate of election, in accordance with the result as declared by the council, to each person declared to be elected. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the council next succeeding that in which returns were made and canvassed as above provided. Each officer elected under this charter shall serve for the term for which he was elected and until his successor shall have been duly elected and qualified.
Sec. 5. Section 16.07 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 70, Statutes of Nevada 1955, at page 110, is hereby amended to read as follows:
Section 16.07. Whenever it is desired to amend the charter of the city or conduct a special election for any other purpose or to submit any question on the general election ballot the following procedure shall be followed:
1. Upon the filing of a verified petition bearing the signatures of not less than 60 percent of the registered voters of the city, as certified by the clerk of Washoe County, praying for the adoption of any amendment or amendments to the city charter fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his or her knowledge and belief.
Upon the filing with the city clerk of any such petition bearing the required number of signatures, duly verified and setting out therein the amendment or amendments proposed, the city council shall adopt such amendment or amendments by resolution without further proceeding.
2. Upon filing with the city clerk of a verified petition bearing the signatures of not less than 30 percent of the registered voters of the city, a special election shall be called for the purpose or purposes set forth in the petition, not later than 45 days after the filing of the petition, or, upon the filing with the city clerk of a verified petition bearing the signatures of not less than 10 percent of the registered voters of the city, the amendment or amendments proposed in the petition shall be placed upon the ballot at the next special or general municipal election [, whether it be a special or a general municipal election,] after the filing of the petition, praying for the adoption of an amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signatures need not all be appended to one paper, but each signer shall add to his or her signature the place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his or her knowledge or belief.
3. Upon the filing of any such petition, bearing the signatures of the required number of registered voters, as provided in subsections 2 and 3 hereof, the city council shall call a special election, or provide for the voting upon such proposed amendment or amendments at the next general municipal election, for the aforesaid purpose, as the petition shall request.
κ1961 Statutes of Nevada, Page 125 (CHAPTER 108, AB 166)κ
next general municipal election, for the aforesaid purpose, as the petition shall request. The percentages, as provided in subsections 1 and 2 of this section, shall be determined from the number of registered voters at the last general municipal election held in the city of Sparks next preceding the filing of the petition as aforesaid.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 151Committee on Legislative Functions
CHAPTER 109
AN ACT to amend NRS section 218.230, relating to the compensation of officers and employees of the legislature, by increasing the amount of daily compensation payable to such officers and employees; by providing for specified officers and employees to be eligible for increases on a merit basis; by providing for the amount and limit of merit increases; and by providing other matters properly relating thereto.
[Approved March 21, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.230 is hereby amended to read as follows:
218.230 1. There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more [:] , except on the basis of merit as provided in subsections 2 and 3:
SENATE
Assistant secretary........................................ [$15]............................................................................ $18
Clerks.................................................................. [10]............................................................................... 11
Engrossing clerk............................................... [10]............................................................................... 14
Enrolling clerk................................................... [10]............................................................................... 14
History clerk...................................................... [12]............................................................................... 15
Journal clerk...................................................... [12]............................................................................... 15
Minute clerk...................................................... [12]............................................................................... 15
Page...................................................................... [8]................................................................................. 9
Secretary............................................................ [25]............................................................................... 28
Sergeant-at-arms............................................... [12]............................................................................... 14
Stenographers................................................... [11]............................................................................... 15
ASSEMBLY
Assistant chief clerk...................................... [$15]............................................................................ $18
Chief clerk.......................................................... [25]............................................................................... 28
Clerks.................................................................. [10]............................................................................... 11
Committee stenographer....................................... ............................................................................... 17
Engrossing clerk............................................... [10]............................................................................... 14
Enrolling clerk................................................... [10] 14 History clerk..................................................... [$12]........................................................ $15
κ1961 Statutes of Nevada, Page 126 (CHAPTER 109, SB 151)κ
History clerk.................................................... [$12]............................................................................ $15
Journal clerk...................................................... [12]............................................................................... 15
Minute clerk...................................................... [12]............................................................................... 15
Pages.................................................................... [8]................................................................................. 9
Sergeant-at-arms............................................... [12]............................................................................... 14
Stenographers................................................... [11]............................................................................... 15
Supply clerk....................................................... [10]............................................................................... 12
Typists............................................................... [10]............................................................................... 12
2. Increase in such daily pay may be made on the basis of merit for the following officers or employees:
SENATE
Enrolling clerk
History clerk
Journal clerk
Minute clerk
Sergeant-at-arms
Stenographers
ASSEMBLY
Committee stenographers
Enrolling clerk
History clerk
Journal clerk
Minute clerk
Sergeant-at-arms
Stenographers
Supply clerk
Typists
3. Whenever any employee listed in subsection 2 has performed satisfactory service during any period of employment the daily pay of such employee may be increased by $1 for any succeeding period of employment, but the total of such merit increases shall not exceed $3.
4. Funds to carry out the provisions of this section shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the legislative fund as other claims against the state are paid. During the session, all claims of the senate shall be approved by the secretary of the senate, and all claims of the assembly shall be approved by the chief clerk of the assembly.
Sec. 2. This act shall become effective on the 3rd Monday in January 1963.
________
κ1961 Statutes of Nevada, Page 127κ
Senate Bill No. 66Committee on Judiciary
CHAPTER 110
AN ACT to amend NRS section 497.080, relating to the adoption, amendment or change of airport zoning regulations, by clarifying the procedure to be followed by political subdivisions.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 497.080 is hereby amended to read as follows:
497.080 1. No airport zoning regulations shall be adopted, amended or changed under this chapter except by action of the joint board provided for in NRS 497.050, or the governing body of the political subdivision as provided in NRS 497.040, after a public hearing in relation thereto, at which public utilities owning facilities in the area involved, other parties in interest and citizens shall have an opportunity to be heard.
2. At least 15 days notice of the hearing shall be given to all public utilities, whether publicly or privately owned, owning facilities in the area involved, and at least 15 days notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard to be zoned.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 67Committee on Aviation, Transportation and Highways
CHAPTER 111
AN ACT to amend chapters 482 and 485 of NRS, relating to vehicle licensing, registration and safety responsibility, by adding new sections defining certain terms; to amend NRS sections 482.010, 482.033, 482.050, 482.145, 482.160, 482.165, 482.260, 482.265, 482.270, 482.315, 482.352, 482.353, 482.385, 482.395, 482.455, 482.485, 484.0048, 484.0080, 484.095, 484.123, 484.125, 484.143, 484.196, 484.234, 484.245, 484.255, 484.276, 484.600, 485.020, 485.130 to 485.160, inclusive, 485.180 to 485.260, inclusive, 485.280 to 485.302, inclusive, 485.305, 485.306, 485.308, 485.309, 485.3092, 485.3094 to 485.3099, inclusive, 485.320, 485.380 and 485.385, relating to licensing and registration of motor vehicles and trailers, traffic laws, and the Motor Vehicle Safety Responsibility Act, by changing the word commissioner therein to director, director of the department of motor vehicles or division; by changing commission to department of motor vehicles; and by clarifying references to department; to repeal NRS sections 482.015, 482.140, 484.0017, 484.0020 and 485.030, defining commissioner, specifying his duties, and defining department; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1961 Statutes of Nevada, Page 128 (CHAPTER 111, SB 67)κ
Director means the director of the department of motor vehicles.
Sec. 2. NRS 482.010 is hereby amended to read as follows:
482.010 When used in this chapter, the words and terms in NRS [482.015] 482.020 to 482.135, inclusive, shall, for the purposes of this chapter, have the meanings ascribed to them in NRS [482.015] 482.020 to 482.135, inclusive, except in those instances where the context clearly indicates a different meaning.
Sec. 3. NRS 482.033 is hereby amended to read as follows:
482.033 1. Established place of business means a permanent enclosed building or structure owned either in fee or leased with sufficient space to display one or more vehicles which the dealer is licensed to sell, and which is devoted principally to the use of a dealer in the conduct of the business of the dealer.
2. In the case of a used vehicle dealer, trailer dealer or semitrailer dealer, an established place of business need not be a permanent building or structure but may be a vacant lot sufficiently bounded or otherwise marked definitely to indicate the boundaries thereof, but the term shall not mean or include a residence, tent, temporary stand or temporary quarters or permanent quarters occupied pursuant to a temporary arrangement. There shall be located or erected on any such lot a permanent closed building or structure large enough to accommodate the office or offices of the dealer and to provide a safe place to keep the books and other records of the business of such dealer, at which site or location the principal portion of such dealers business shall be conducted and the books and records thereof kept and maintained. Such books and records shall be open to inspection during usual business hours by any authorized agent of the [commissioner] director or the State of Nevada.
Sec. 4. NRS 482.050 is hereby amended to read as follows:
482.050 Identification or Permanent identifying as used in this chapter with respect to the number of a vehicle subject to registration under this chapter shall, for the purpose of the registration or departmental record thereof, or any evidence of such registration, be construed to mean such identification, or permanent identifying number of any vehicle which the manufacturer thereof may, in its discretion, adopt or has adopted as an identification or permanent identifying number of the vehicles manufactured by it, or which the [commissioner] director may approve as the identification number, in lieu of or in addition to a motor number or serial number or a motor and serial number.
Sec. 5. NRS 482.145 is hereby amended to read as follows:
482.145 The [vehicle commissioner] director shall maintain an office at the state capital. The superintendent of the state department of buildings and grounds shall provide suitable offices for the department.
Sec. 6. NRS 482.160 is hereby amended to read as follows:
482.160 1. The [commissioner] director may adopt and enforce such administrative rules and regulations as may be necessary to carry out the provisions of this chapter.
κ1961 Statutes of Nevada, Page 129 (CHAPTER 111, SB 67)κ
2. The [commissioner] director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The [commissioner] director shall designate the county assessor of each county with a population of less than 25,000, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States, as agent to assist in carrying out the duties of the department in such county.
3. The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates shall provide for compensation based upon the reasonable value of the services of such agent but shall not exceed $1 for each registration.
Sec. 7. NRS 482.165 is hereby amended to read as follows:
482.165 The [commissioner] director shall provide suitable forms for applications, registration cards, license number plates, and all other forms requisite for the purposes of this chapter, and shall prepay all transportation charges thereon.
Sec. 8. NRS 482.260 is hereby amended to read as follows:
482.260 1. The department and its agents in registering a vehicle shall:
(a) Collect the annual license fee as provided for in this chapter.
(b) Collect, as agent for the county in which the applicant resides, the personal property tax on the vehicle, whether or not the applicant is the owner of any real property.
(c) Issue to the applicant a temporary certificate of registration valid 15 days only and not renewable, or a certificate of registration, together with the regular license plate or plates.
2. The amount of the personal property tax collected at the time of registration shall be determined by applying the tax rate applicable in the area in which the applicant resides to the assessed value of the vehicle based upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year.
3. Upon proof of ownership satisfactory to the [commissioner,] director, he shall cause to be issued a certificate of ownership as provided in this chapter.
4. Any law of the State of Nevada to the contrary notwithstanding, a new or used motor vehicle being registered for the first time in Nevada shall be taxed pro rata on a monthly basis upon the amount of time remaining in the current registration year.
Sec. 9. NRS 482.265 is hereby amended to read as follows:
482.265 1. Until July 1, 1960, the department shall furnish to every owner whose vehicle shall be registered one number plate for each motorcycle, trailer, semitrailer or other motor vehicle. On and after July 1, 1960, the department shall furnish to every owner whose vehicle shall be registered two license plates for a motor vehicle other than a motorcycle or power cycle, and one license plate for all other vehicles required to be registered hereunder.
κ1961 Statutes of Nevada, Page 130 (CHAPTER 111, SB 67)κ
2. The [commissioner] director shall have the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner under this chapter.
Sec. 10. NRS 482.270 is hereby amended to read as follows:
482.270 1. The [commissioner] director shall order the preparation of motor vehicle license plates with no other colors than blue and silver, the same to be alternated one upon the background and the other upon the letters and numbers in alternate issues of license plates. The [commissioner] director may, in his discretion, substitute a white enamel when no suitable material is available.
2. The [commissioner] director may determine and vary the size, shape and form and the material of which license plates shall be made, but each license plate shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight.
3. Every license plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, and the name of the state, which may be abbreviated, and the year for which issued.
4. The registration numbers assigned shall be coded by counties and consecutively numbered. The code letters shall be at the left of the number plate, according to counties, as follows, Churchill, CH; Clark, C; Douglas, DS; Elko, EL; Esmeralda, ES; Eureka, EU; Humboldt, HU; Lander, LA; Lincoln, LN; Lyon, LY; Mineral, MN; Nye, NY; Ormsby, OR; Pershing, PE; Storey, ST; Washoe, W; White Pine, WP. Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letters, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for each county as the need may be.
Sec. 11. NRS 482.315 is hereby amended to read as follows:
482.315 1. Every person engaged in the business of renting motor vehicles without drivers who shall rent any such vehicle without a driver, otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, shall maintain a record of the identity of the person to whom the vehicle is rented and the exact time the vehicle is the subject of such rental or in possession of the person renting and having the use of the vehicle.
2. Every such record shall be a public record and open to inspection by any person.
3. If the [commissioner] director prescribes a form for the keeping of the record provided for in this section, the owner shall use the form.
4. It shall be a misdemeanor for any such owner to fail to make or have in his possession or to refuse an inspection of the record required in this section.
Sec. 12. NRS 482.352 is hereby amended to read as follows:
482.352 1. The department may deny the issuance or revoke a license issued upon any of the following grounds:
κ1961 Statutes of Nevada, Page 131 (CHAPTER 111, SB 67)κ
(a) Failure of the applicant to have an established place of business in this state.
(b) That the applicant or licensee has been convicted of a crime involving fraud, larceny or theft in connection with the activity of a dealer in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant.
(e) Willful failure to comply with any of the provisions of the motor vehicle laws of the State of Nevada or the directives of the [commissioner.] director.
(f) Failure or refusal to furnish and keep in force any bond.
(g) Failure on the part of such licensee to establish and maintain a fixed place of business in this state.
(h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment against such licensee rendered and entered against him, arising out of the misrepresentation of any vehicle, trailer or semitrailer, or out of any fraud committed in connection with the sale of any vehicle, trailer or semitrailer.
(i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this state.
2. The [commissioner] director shall not be limited to the above grounds but may deny the issuance of a license to an applicant or revoke a license already issued if the department is satisfied that the applicant or licensee is not entitled thereto.
Sec. 13. NRS 482.353 is hereby amended to read as follows:
482.353 1. The applicant or licensee may, within 30 days after receipt of the notice of denial or revocation, petition the [commissioner] director in writing for a hearing.
2. Upon filing the petition, a date for hearing shall be fixed, and the applicant or licensee shall have the right to be present at the hearing and testify in his own behalf and to have such other persons as he desires present and testify at the hearing.
3. Within 10 days after the hearing, the [commissioner] director shall make written findings of fact and conclusions and shall either grant or finally deny the application or revoke the license.
Sec. 14. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in this section and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.
2. Nothing in this section shall be construed:
(a) To permit the use of manufacturers or dealers license plates issued by any state or country by any such nonresident in the operation of any vehicle on the public highways of this state, but the [commissioner] director may enter into mutual agreements and formal compacts with appropriate officials of other states to obtain reciprocal recognition of dealer vehicle license plates.
κ1961 Statutes of Nevada, Page 132 (CHAPTER 111, SB 67)κ
issued by any state or country by any such nonresident in the operation of any vehicle on the public highways of this state, but the [commissioner] director may enter into mutual agreements and formal compacts with appropriate officials of other states to obtain reciprocal recognition of dealer vehicle license plates.
(b) To require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
3. Upon expiration of such nonresident registration or upon any transfer of the vehicle within the State of Nevada, the owner shall immediately apply to register the vehicle in this state and shall pay registration and other fees as provided in this chapter.
Sec. 15. NRS 482.395 is hereby amended to read as follows:
482.395 The [commissioner] director is authorized, empowered and directed to enter into agreements and formal compacts with appropriate officials of other states for the purpose of establishing rules and regulations governing registration, conduct and operation of motor vehicles coming within the provisions of NRS 482.390, including mutual agreements leading to the revocation of reciprocity for persistent violators of laws concerning motor vehicle operation and licensing.
Sec. 16. NRS 482.455 is hereby amended to read as follows:
482.455 1. The [commissioner] director shall prepare and keep in alphabetical order an index of every chattel mortgage filed in accordance with the provisions of NRS 482.425.
2. Such index of chattel mortgages shall provide for the name of each mortgagor, the name of the mortgagee, the year, make and model of the motor vehicle mortgaged, and shall contain a column in which all assignments of the mortgage may be noted as well as a column in which may be noted the release or satisfaction of the mortgage.
3. Immediately upon a mortgage being filed as required in NRS 482.425, an entry thereof shall be made in the index provided for in this section, and appropriate entries shall also be made therein upon the date of receipt of any notice of assignment, release or satisfaction.
4. The filing of a duly endorsed certificate of title by a mortgagee or mortgagees, requesting that there be issued a new certificate of ownership to the mortgagor or mortgagors, or his or their assigns, shall be equivalent to the filing of a release or satisfaction of the mortgage on the vehicle described therein, and the entry thereof in the index of mortgages shall constitute the release and satisfaction of record of the mortgage referred to.
5. The index shall at all times be open to public inspection.
Sec. 17. NRS 482.485 is hereby amended to read as follows:
482.485 1. The provisions of chapter 582 of NRS (Public Weighmasters) are hereby made applicable to this chapter.
2. All motor vehicles required to be weighed under the provisions of this chapter shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the [commissioner] director and the sealer of weights and measures, and according to the provisions of chapter 582 of NRS.
κ1961 Statutes of Nevada, Page 133 (CHAPTER 111, SB 67)κ
rules and regulations as may be deemed advisable by the [commissioner] director and the sealer of weights and measures, and according to the provisions of chapter 582 of NRS.
3. From time to time, upon request of the [commissioner,] director, the sealer of weights and measures shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.
4. Public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the [commissioner] director as evidence of the weight of the motor vehicle for which a license is applied.
Sec. 18. NRS 484.0048 is hereby amended to read as follows:
484.0048 Revocation of drivers license means the termination by formal action of the [commission] department of motor vehicles of a persons drivers license or privilege to operate a motor vehicle on the public highways.
Sec. 19. NRS 484.0080 is hereby amended to read as follows:
484.0080 1. The department of highways and, subject to rules and regulations of [the] such department, local authorities are hereby authorized with respect to highways under their respective jurisdictions to determine locations for the placement of official traffic-control devices in order to provide for the safe and expeditious movement of traffic.
2. Notwithstanding any contrary law, all traffic shall obey such official traffic-control devices when they have been erected, except when otherwise directed by a police officer or flagman authorized by law, and shall always obey the directions of a police officer.
Sec. 20. NRS 484.095 is hereby amended to read as follows:
484.095 1. No person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of 10 miles per hour.
2. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in this section.
3. The department of highways upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, [the] such department shall determine and declare the maximum speed of vehicles which such structure can safely withstand, and shall cause or permit suitable signs stating such maximum speed to be erected and maintained at a distance of 100 feet before each end of such structure.
4. Upon the trial of any person charged with a violation of this section, proof of such determination of the maximum speed by [the] such department and the existence of such signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.
κ1961 Statutes of Nevada, Page 134 (CHAPTER 111, SB 67)κ
such department and the existence of such signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure.
Sec. 21. NRS 484.123 is hereby amended to read as follows:
484.123 1. The department of highways is hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones, and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.
2. Where signs or markings are in place to define a no-passing zone as set forth in subsection 1, no driver shall at any time drive on the left side of the roadway within such no-passing zone or on the left side of any pavement striping designed to mark such no-passing zone throughout its length.
Sec. 22. NRS 484.125 is hereby amended to read as follows:
484.125 1. The department of highways may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof.
2. Upon a roadway designated and signposted for one-way traffic a vehicle shall be driven only in the direction designated.
3. A vehicle passing around a rotary traffic island shall be driven only to the right of such island.
Sec. 23. NRS 484.143 is hereby amended to read as follows:
484.143 The department of highways and local authorities may with respect to any controlled-access roadway under their respective jurisdictions prohibit the use of any such roadway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle.
Sec. 24. NRS 484.196 is hereby amended to read as follows:
484.196 The department of highways and local authorities with the approval of [the] such department are hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care.
Sec. 25. NRS 484.234 is hereby amended to read as follows:
484.234 1. Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right hand wheels of such vehicle parallel to and within 18 inches of the right hand curb.
2. Local authorities may by ordinance permit parking of vehicles with the left hand wheels adjacent to and within 18 inches of the left hand curb of a one-way roadway.
3. Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the department of highways has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
κ1961 Statutes of Nevada, Page 135 (CHAPTER 111, SB 67)κ
determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
4. The department of highways with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, in its opinion, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs.
Sec. 26. NRS 484.245 is hereby amended to read as follows:
484.245 Authorized emergency vehicle means a vehicle permitted to depart from certain traffic laws as provided herein when equipped with an approved red light and an approved siren, and includes:
1. A vehicle publicly owned and operated in the performance of his duty as a member of any of the following organizations:
(a) Police, fire, and sheriff department vehicles.
(b) Ambulances of public agencies.
(c) Lifeguard or lifesaving vehicles.
(d) State, county and city traffic law enforcement departments.
2. Vehicles publicly maintained in whole or in part by the state, or city, or county and privately owned and operated by a member of and who receives salary from and is regularly employed by a police department, or by a sheriffs office, or traffic law enforcement department, and such vehicles shall be authorized emergency vehicles but only under each and all of the following conditions:
(a) When such vehicle has such a permit from the [commission.] department of motor vehicles.
(b) Where such person operates such vehicle so owned by him in responding to emergency calls or fire alarms or highway patrol duty or operates such vehicle in the pursuit of actual or suspected violators of the law.
(c) When the state, county or city does not furnish to such officer a publicly owned vehicle for the purposes stated in paragraph (b).
Sec. 27. NRS 484.255 is hereby amended to read as follows:
484.255 1. The [commission] department of motor vehicles may issue authorized emergency vehicle permits to other vehicles required to be operated primarily for the immediate preservation of life or property or for the apprehension of law violators. Such permits shall not be issued to vehicles when there are available comparable emergency type services provided by agencies referred to in NRS 484.245.
2. The issuance of authorized emergency vehicle permits to vehicles under this section shall be limited to:
(a) An emergency repair vehicle of a public utility;
(b) Law enforcement agencies;
(c) Fire-fighting equipment designed and operated exclusively as such;
(d) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work; and
κ1961 Statutes of Nevada, Page 136 (CHAPTER 111, SB 67)κ
(e) Ambulances designated and operated exclusively as such.
Sec. 28. NRS 484.276 is hereby amended to read as follows:
484.276 1. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the [commission] department of motor vehicles which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
2. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, but a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
3. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Sec. 29. NRS 484.600 is hereby amended to read as follows:
484.600 1. As used in this section special mobile equipment means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
2. The department of highways with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, in their discretion, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of [the] such department or governing body granting such permit.
3. Except as otherwise provided in this section, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or load thereon shall not exceed 96 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire shall not exceed 102 inches, but in such event the outside width of the body of such vehicle or the load thereon shall not exceed 96 inches.
5. If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, such load of loosely piled material and any loading racks retaining such load shall not exceed 120 inches in width.
6. Lights or devices which are required to be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, except that the maximum width shall not exceed 120 inches.
κ1961 Statutes of Nevada, Page 137 (CHAPTER 111, SB 67)κ
vehicle to a distance not exceeding 10 inches on each side of the vehicle, except that the maximum width shall not exceed 120 inches.
7. Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, except that the maximum width of body and door handles, hinges, cable cinchers or chain binders shall not exceed 102 inches.
8. No passenger vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.
9. The provisions of this section with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., as a load on another vehicle, if such load exceeds 96 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if such load exceeds 120 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour.
10. Subject to the provisions of subsection 2 of this section, the following vehicles shall not exceed a width of 120 inches:
(a) Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.
(b) Special mobile equipment.
(c) Highway construction or maintenance equipment.
This subsection does not apply to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., if such application would prevent this state from receiving any federal funds for highway purposes.
11. The department of highways may, upon application in writing, if good cause appears, issue a special permit in writing authorizing the applicant to move a trailer coach in excess of the maximum width, but not exceeding 120 inches including appendages. Such application shall specifically describe the trailer coach to be moved and the particular highway over which the coach is to be moved pursuant to the permit, and whether the permit is requested for a single trip or for continuous operation. The department of highways may establish seasonal or other time limitations within which the trailer coach described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches as provided for in this subsection may not be issued except to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
κ1961 Statutes of Nevada, Page 138 (CHAPTER 111, SB 67)κ
trailer coaches as provided for in this subsection may not be issued except to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
(a) The power unit used to tow overwidth trailers must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power.
(b) The trailer coach for which the permit is issued shall not have a gross weight in excess of 18,000 pounds.
A permit which has been issued for the movement of a trailer coach shall not be valid between sunset and sunrise of the following day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays. The department of highways shall have authority to establish additional reasonable permit regulations, as they may deem necessary in the interest of public safety, which regulations shall be consistent with this section. Every permit shall be carried in the trailer coach to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of [the] such department or any other officer or employee charged with the care and protection of the highways.
It is a misdemeanor for any person to violate any of the terms or conditions of any such special permit.
To the extent that the application of this subsection to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., would cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent shall not apply to highways which are a part of such system.
Sec. 30. Chapter 485 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Division means the drivers license division of the department of motor vehicles.
Sec. 31. NRS 485.020 is hereby amended to read as follows:
485.020 When used in this chapter, the words and phrases in [NRS 485.030] section 30 of this act and NRS 485.035 to 485.120, inclusive, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in [NRS 485.030] section 30 of this act and NRS 485.035 to 485.120, inclusive, except in those instances where the context clearly indicates a different meaning.
Sec. 32. NRS 485.130 is hereby amended to read as follows:
485.130 1. The [commissioner] division shall:
(a) Administer and enforce the provisions of this chapter.
(b) Provide for hearings upon request of persons aggrieved by orders or acts of the [commissioner] division under the provisions of NRS 485.150 to 485.300, inclusive.
2. The [commissioner] division may make rules and regulations necessary for the administration of this chapter.
Sec. 33. NRS 485.135 is hereby amended to read as follows:
485.135 The [commissioner] division shall upon request furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, which abstract shall also fully designate the motor vehicles, if any, registered in the name of such person, and, if there shall be no record of any conviction of such person of violating any law relating to the operation of a motor vehicle or of any injury or damage caused by such person, the [commissioner] division shall so certify.
κ1961 Statutes of Nevada, Page 139 (CHAPTER 111, SB 67)κ
fully designate the motor vehicles, if any, registered in the name of such person, and, if there shall be no record of any conviction of such person of violating any law relating to the operation of a motor vehicle or of any injury or damage caused by such person, the [commissioner] division shall so certify.
Sec. 34. NRS 485.140 is hereby amended to read as follows:
485.140 1. Any person aggrieved by an order or act of the [commissioner,] division, under the provisions of NRS 485.150 to 485.300, inclusive, may, within 10 days after notice thereof, file a petition in the district court of the county of Ormsby for a trial de novo to determine whether such order or act is lawful and reasonable. The filing of such a petition shall not suspend the order or act of the [commissioner] division unless a stay thereof shall be allowed by a judge of the district court pending final determination of the matter.
2. The court shall summarily hear the petition and may make any appropriate order or decree.
Sec. 35. NRS 485.150 is hereby amended to read as follows:
485.150 1. Except as provided in subsection 2, the operator of every motor vehicle which is in any manner involved in an accident within this state, in which any person is killed or injured or in which damage to the property of any one person, including himself, in excess of $100 is sustained, shall within 10 days after such accident report the matter in writing to the [commissioner.] division.
2. In the case of any operator of any motor vehicle subject to the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada, such report need not be filed until the 10th day of the month following the month in which the accident occurred.
Sec. 36. NRS 485.160 is hereby amended to read as follows:
485.160 1. The report, the form of which shall be prescribed by the [commissioner,] division, shall contain information to enable the [commissioner] division to determine whether the requirements for the deposit of security under this chapter are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter.
2. The [commissioner] division may rely upon the accuracy of the information unless and until [he] it has reason to believe that the information is erroneous.
Sec. 37. NRS 485.180 is hereby amended to read as follows:
485.180 The operator or the owner shall furnish such additional relevant information as the [commissioner] division shall require.
Sec. 38. NRS 485.190 is hereby amended to read as follows:
485.190 1. If 20 days after the receipt of a report of a motor vehicle accident within this state which has resulted in bodily injury or death, or damage to the property of any one person in excess of $100, the [commissioner] division does not have on file evidence satisfactory to [him] it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, or has been finally adjudicated not to be liable, or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the [commissioner] division shall determine the amount of security which shall be sufficient in [his] its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.
κ1961 Statutes of Nevada, Page 140 (CHAPTER 111, SB 67)κ
executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the [commissioner] division shall determine the amount of security which shall be sufficient in [his] its judgment to satisfy any judgment or judgments for damages resulting from such accident as may be recovered against each operator or owner.
2. The [commissioner] division shall, within 60 days after the receipt of such report of a motor vehicle accident, suspend the license of each operator and all registrations of each owner of a motor vehicle in any manner involved in such accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this state, and, if such owner is a nonresident, the privilege of the use within this state of any motor vehicle owned by him, unless such operator or owner or both shall deposit security in the sum so determined by the [commissioner.] division. Notice of such suspension shall be sent by the [commissioner] division to such operator and owner not less than 10 days prior to the effective date of such suspension and shall state the amount required as security. Where erroneous information is given the [commissioner] division with respect to the matters set forth in subsections 1, 2 or 3 of NRS 485.200, [he] the division shall take appropriate action as hereinbefore provided within 60 days after [receipt by him of] it receives correct information with respect to such matters.
Sec. 39. NRS 485.200 is hereby amended to read as follows:
485.200 The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, shall not apply:
1. To such operator or owner if such owner had in effect at the time of such accident an automobile liability policy with respect to the motor vehicle involved in such accident;
2. To such operator, if not the owner of such motor vehicle, if there was in effect at the time of such accident an automobile liability policy or bond with respect to his operation of motor vehicles not owned by him;
3. To such operator or owner if the liability of such operator or owner for damages resulting from such accident is, in the judgment of the [commissioner,] division, covered by any other form of liability insurance policy or bond;
4. To any person qualifying as a self-insurer under NRS 485.380, or to any person operating a motor vehicle for such self-insurer;
5. To the operator or the owner of a motor vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than such operator or owner;
6. To the operator or the owner of a motor vehicle legally parked at the time of the accident;
7. To the owner of a motor vehicle if at the time of the accident the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such motor vehicle without such permission; or
8. If, prior to the date that the [commissioner] division would otherwise suspend the license and registration or nonresidents operating privilege under NRS 485.190, there shall be filed with the [commissioner] division evidence satisfactory to [him] it that the person who would otherwise have to file security has been released from liability or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
κ1961 Statutes of Nevada, Page 141 (CHAPTER 111, SB 67)κ
otherwise suspend the license and registration or nonresidents operating privilege under NRS 485.190, there shall be filed with the [commissioner] division evidence satisfactory to [him] it that the person who would otherwise have to file security has been released from liability or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the accident.
Sec. 40. NRS 485.210 is hereby amended to read as follows:
485.210 1. No policy or bond shall be effective under NRS 485.190 unless issued by an insurance company or surety company authorized to do business in this state, except as provided in subsection 2 of this section, or unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $5,000 because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of not less than $10,000 because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $1,000 because of injury to or destruction of property of others in any one accident.
2. No policy or bond shall be effective under NRS 485.190 with respect to any vehicle which was not registered in this state or to any vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing such policy or bond is authorized to do business in this state or, if the company is not authorized to do business in this state, unless it shall execute a power of attorney authorizing the [commissioner] director of the department of motor vehicles to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident.
Sec. 41. NRS 485.220 is hereby amended to read as follows:
485.220 1. The security required under NRS 485.150 to 485.300, inclusive, shall be in such form and in such amount as the [commissioner] division may require, but in no case in excess of the limits specified in NRS 485.210 in reference to the acceptable limits of a policy or bond.
2. The person depositing security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while such deposit is in the custody of the [commissioner] division or the state treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons; but a single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.
Sec. 42. NRS 485.230 is hereby amended to read as follows:
485.230 The license and registration and nonresidents operating privilege suspended as provided in NRS 485.190 shall remain so suspended and shall not be renewed nor shall any such license or registration be issued to any such person until:
κ1961 Statutes of Nevada, Page 142 (CHAPTER 111, SB 67)κ
1. Such person shall deposit or there shall be deposited on his behalf the security required under NRS 485.190; or
2. One year shall have elapsed following the date of such suspension and evidence satisfactory to the [commissioner] division has been filed with [him] it that during such period no action for damages arising out of the accident has been instituted; or
3. Evidence satisfactory to the [commissioner] division has been filed with [him] it of a release from liability, or a final adjudication of nonliability, or a duly acknowledged written agreement, in accordance with NRS 485.190 but if there shall be any default in the payment of any installment under any duly acknowledged written agreement, then, upon notice of such default, the [commissioner] division shall forthwith suspend the license and registration or nonresidents operating privilege of such person defaulting, which shall not be restored unless and until:
(a) Such person deposits and thereafter maintains security as required under NRS 485.190 in such amount as the [commissioner] division may then determine; or
(b) One year shall have elapsed following the date when such security was required and during such period no action upon such agreement has been instituted in a court in this state. Proof of ability to respond in damages in the manner described in NRS 485.307 shall be an additional requirement for reinstatement of the operators license and motor vehicle registrations under this paragraph. The duration of such proof shall be for 3 years from the date of reinstatement of the license and shall be in accordance with the provisions of this chapter.
Sec. 43. NRS 485.240 is hereby amended to read as follows:
485.240 1. In case the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, or is a nonresident, he shall not be allowed a license or registration until he has complied with the requirements of NRS 485.150 to 485.300, inclusive, to the same extent that would be necessary if, at the time of the accident, he has held a license and registration.
2. When a nonresidents operating privilege is suspended pursuant to NRS 485.190 or 485.230, the [commissioner] division shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection 3.
3. Upon receipt of such certification that the operating privilege of a resident of this state has been suspended or revoked in any such other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the [commissioner] division to suspend a nonresidents operating privilege had the accident occurred in this state, the [commissioner] division shall suspend the license of such resident if he was the operator, and all of his registrations if he was the owner of a motor vehicle involved in such accident.
κ1961 Statutes of Nevada, Page 143 (CHAPTER 111, SB 67)κ
the operator, and all of his registrations if he was the owner of a motor vehicle involved in such accident. Such suspension shall continue until such resident furnishes evidence of his compliance with the law of such other state relating to the deposit of such security.
Sec. 44. NRS 485.250 is hereby amended to read as follows:
485.250 The [commissioner] division may reduce the amount of security ordered in any case within 6 months after the date of the accident if, in his judgment, the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposited over the reduced amount ordered shall be returned to the depositor or his personal representative forthwith, notwithstanding the provisions of NRS 485.270.
Sec. 45. NRS 485.260 is hereby amended to read as follows:
485.260 Security deposited in compliance with the requirements of NRS 485.150 to 485.300, inclusive, shall be placed by the [commissioner] division in the custody of the state treasurer.
Sec. 46. NRS 485.280 is hereby amended to read as follows:
485.280 Such deposit or any balance thereof shall be returned to the depositor or his personal representative when evidence satisfactory to the [commissioner] division has been filed with [him] it that there has been a release from liability, or a final adjudication of nonliability, or a duly acknowledged agreement, in accordance with subsection 8 of NRS 485.200, or whenever, after the expiration of 1 year from the date of the accident or 1 year from the date of deposit of any security under subsection 3 of NRS 485.230, the [commissioner] division shall be given reasonable evidence that there is no such action pending and no judgment rendered in such action left unpaid.
Sec. 47. NRS 485.290 is hereby amended to read as follows:
485.290 1. In cases where a return to a depositor or his personal representative is authorized and warranted under NRS 485.280 but the address or present whereabouts of such depositor is unknown and cannot be readily ascertained by the [commissioner,] division, the security deposited may, 90 days after its return would be authorized by NRS 485.280, be transferred from the custody of the state treasurer to the state highway fund for the general use of the department of highways upon the written and certified request of the [commissioner.] division.
2. The request made by the [commissioner] division shall state the names of the parties, the dates and a concise statement of the facts involved and shall be forwarded in duplicate to the state controller and the state treasurer.
3. The state controller and the state treasurer are directed to transfer the amounts of security deposits from the custody of the state treasurer to the state highway fund in order to effectuate the purposes of this section upon being satisfied that the provisions of this chapter have been complied with.
4. If the depositor of the security or his rightful heirs or legatees, within 5 years after the transfer of the deposit to the state highway fund, present a verified claim to the [commissioner] division and make proof of the validity of such claim, the [commissioner,] division, if [he] it is satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the same out of the state highway fund.
κ1961 Statutes of Nevada, Page 144 (CHAPTER 111, SB 67)κ
[he] it is satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the same out of the state highway fund.
5. If the [commissioner] division denies the validity of the claim, the claimant, upon notice to the attorney general, has a right to appeal to the First Judicial District Court of the State of Nevada, in and for the County of Ormsby, and present his proof of the validity of the claim. If, after hearing, the court is satisfied the claimant is rightfully entitled to the deposit, the court shall enter a decree that the money be paid to him. The decree shall be certified to the state board of examiners, stating the amount thereby found to be due, and the state board of examiners shall allow the same and certify it to the state controller who shall draw his warrant therefor on the state treasurer, who shall pay the same out of the state highway fund.
6. The amounts in the custody of the state treasurer on March 19, 1955, falling under the provisions of this section, may be transferred to the state highway fund, after the expiration of 90 days from March 19, 1955, in accordance with the provisions of this section.
Sec. 48. NRS 485.300 is hereby amended to read as follows:
485.300 Neither the report required by NRS 485.150 to 485.180, inclusive, the action taken by the [commissioner] division pursuant to NRS 485.150 to 485.300, inclusive, the findings, if any, of the [commissioner] division upon which such action is based, nor the security filed as provided in NRS 485.150 to 485.300, inclusive, shall be referred to in any way, nor be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.
Sec. 49. NRS 485.301 is hereby amended to read as follows:
485.301 1. Whenever any person fails within 60 days to satisfy any judgment, upon the written request of the judgment creditor or his attorney, the clerk of the court, or the judge of a court which has no clerk, in which any such judgment is rendered within this state shall forward to the [commissioner] division immediately after the expiration of such 60 days a certified copy of such judgment.
2. If the defendant named in any certified copy of a judgment reported to the [commissioner] division is a nonresident, the [commissioner] division shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.
Sec. 50. NRS 485.302 is hereby amended to read as follows:
485.302 1. The [commissioner,] division, upon the receipt of a certified copy of a judgment, shall forthwith suspend the license and registration and any nonresidents operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section and in NRS 485.305.
2. If the judgment creditor consents in writing, in such form as the [commissioner] division may prescribe, that the judgment debtor be allowed a license and registration or nonresidents operating privilege, the same may be allowed by the [commissioner,] division, in [his] its discretion, for 6 months from the date of such consent and thereafter until such consent is revoked in writing notwithstanding default in the payment of such judgment, or of any installments thereof prescribed in NRS 485.305, provided the judgment debtor furnishes proof of financial responsibility.
κ1961 Statutes of Nevada, Page 145 (CHAPTER 111, SB 67)κ
[his] its discretion, for 6 months from the date of such consent and thereafter until such consent is revoked in writing notwithstanding default in the payment of such judgment, or of any installments thereof prescribed in NRS 485.305, provided the judgment debtor furnishes proof of financial responsibility.
Sec. 51. NRS 485.305 is hereby amended to read as follows:
485.305 1. A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
2. The [commissioner] division shall not suspend a license, registration or a nonresidents operating privilege, and shall restore any license, registration or nonresidents operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains such an order permitting the payment of such judgment in installments, and while the payment of any such installment is not in default.
3. If the judgment debtor fails to pay any installment as specified by such order, then upon notice of such default, the [commissioner] division shall forthwith suspend the license, registration or nonresidents operating privilege of the judgment debtor until such judgment is satisfied, as provided in this chapter.
Sec. 52. NRS 485.306 is hereby amended to read as follows:
485.306 1. Whenever the [commissioner,] division, under any law of this state, suspends or revokes the license of any person upon receiving a record of a conviction or a forfeiture of bail, the [commissioner] division shall also suspend the registration for all motor vehicles registered in the name of such person, except that he shall not suspend such registration, unless otherwise required by law, if such person has previously given or shall immediately give and thereafter maintain proof of financial responsibility with respect to all motor vehicles registered by such person.
2. Such license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed, nor shall any license be thereafter issued to such person, nor shall any motor vehicle be thereafter registered in the name of such person until permitted under the motor vehicle laws of this state and not then unless and until he shall give and thereafter maintain proof of financial responsibility.
3. If a person is not licensed, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of a license, or for operating a motor vehicle upon the highways without being licensed to do so, or for operating an unregistered motor vehicle upon the highways, no license shall be thereafter issued to such person and no motor vehicle shall continue to be registered or thereafter be registered in the name of such person until he shall give and thereafter maintain proof of financial responsibility.
4. Whenever the [commissioner] division suspends or revokes a nonresidents operating privilege by reason of a conviction or forfeiture of bail, such privilege shall remain so suspended or revoked unless such person shall have previously given or shall immediately give and thereafter maintain proof of financial responsibility.
κ1961 Statutes of Nevada, Page 146 (CHAPTER 111, SB 67)κ
nonresidents operating privilege by reason of a conviction or forfeiture of bail, such privilege shall remain so suspended or revoked unless such person shall have previously given or shall immediately give and thereafter maintain proof of financial responsibility.
Sec. 53. NRS 485.308 is hereby amended to read as follows:
485.308 1. Proof of financial responsibility may be furnished by filing with the [commissioner] division the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
2. No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such motor vehicle is so designated in such a certificate.
Sec. 54. NRS 485.309 is hereby amended to read as follows:
485.309 1. The nonresident owner of a motor vehicle not registered in this state may give proof of financial responsibility by filing with the [commissioner] division a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicles described in such certificate is registered, or if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such certificate otherwise conforms to the provisions of this chapter, and the [commissioner] division shall accept the same upon condition that such insurance carrier complies with the following provisions with respect to the policies so certified:
(a) Such insurance carrier shall execute a power of attorney authorizing the [commissioner] director of the department of motor vehicles to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state; and
(b) Such insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued herein.
2. If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any such undertakings or agreements, the [commissioner] division shall not thereafter accept as proof any certificate of such carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.
Sec. 55. NRS 485.3092 is hereby amended to read as follows:
485.3092 When an insurance carrier has certified a motor vehicle liability policy under NRS 485.308 or a policy under NRS 485.309, the insurance so certified shall not be canceled or terminated until at least 10 days after a notice of cancellation or termination of the insurance so certified shall be filed in the office of the [commissioner,] division, except that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
κ1961 Statutes of Nevada, Page 147 (CHAPTER 111, SB 67)κ
shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
Sec. 56. NRS 485.3094 is hereby amended to read as follows:
485.3094 1. Proof of financial responsibility may be furnished by filing with the [commissioner] division the bond of a surety company duly authorized to transact business in the state, or a bond with at least two individual sureties each owning real property within this state, and together having equities equal in value to at least twice the amount of such bond, which real property shall be scheduled in the bond approved by a judge of a court of record. Such bond shall be conditioned for payments in amounts and under the same circumstances as would be required in a motor vehicle liability policy, and shall not be cancelable except after 10 days written notice to the [commissioner.] division. Upon the filing of notice to such effect by the [commissioner] division in the office of the county clerk of the county where such real property shall be located, such bond shall constitute a lien in favor of the state upon the real property so scheduled of any surety, which lien shall exist in favor of any holder of a judgment against the person who has filed such bond.
2. If such a judgment, rendered against the principal on such bond, shall not be satisfied within 60 days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of the state against the company or persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real property of a person who has executed such bond.
Sec. 57. NRS 485.3095 is hereby amended to read as follows:
485.3095 1. Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him $11,000 in cash or securities such as may legally be purchased by savings banks or for trust funds of a marked value of $11,000. The state treasurer shall not accept any such deposit and issue a certificate therefor and the [commissioner] division shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
2. Such deposit shall be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.
Sec. 58. NRS 485.3096 is hereby amended to read as follows:
485.3096 Whenever any person required to give proof of financial responsibility hereunder is or later becomes an operator in the employ of any owner, or is or later becomes a member of the immediate family or household of the owner, the [commissioner] division shall accept proof given by such owner in lieu of proof by such other person to permit such other person to operate a motor vehicle for which the owner has given proof as herein provided.
κ1961 Statutes of Nevada, Page 148 (CHAPTER 111, SB 67)κ
of any owner, or is or later becomes a member of the immediate family or household of the owner, the [commissioner] division shall accept proof given by such owner in lieu of proof by such other person to permit such other person to operate a motor vehicle for which the owner has given proof as herein provided. The [commissioner] division shall designate the restrictions imposed by this section on the face of such persons license.
Sec. 59. NRS 485.3097 is hereby amended to read as follows:
485.3097 The [commissioner] division shall consent to the cancellation of any bond or certificate of insurance or the [commissioner] division shall direct and the state treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
Sec. 60. NRS 485.3098 is hereby amended to read as follows:
485.3098 Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the [commissioner] division shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration or the nonresidents operating privilege pending the filing of such other proof.
Sec. 61. NRS 485.3099 is hereby amended to read as follows:
485.3099 1. The [commissioner] division shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the [commissioner] division shall direct and the state treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the [commissioner] division shall waive the requirement of filing proof, in any of the following events:
(a) At any time after 3 years from the date such proof was required when, during the 3-year period preceding the request, the [commissioner] division has not received a record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration or nonresidents operating privilege of the person by or for whom such proof was furnished; or
(b) In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or
(c) If the person who has given proof surrenders his license and registration to the [commissioner,] division,
but the [commissioner] division shall not consent to the cancellation of any bond or the return of any money or securities if any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied or if the person who has filed such bond or deposited such money or securities has, within 1 year immediately preceding such request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he has been released from all of his liability, or has been finally adjudicated not to be liable for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the [commissioner.]
κ1961 Statutes of Nevada, Page 149 (CHAPTER 111, SB 67)κ
released from all of his liability, or has been finally adjudicated not to be liable for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the [commissioner.] division.
2. Whenever any person whose proof has been canceled or returned under paragraph (c) of subsection 1 applies for a license or registration within a period of 3 years from the date proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof for the remainder of such 3-year period.
Sec. 62. NRS 485.320 is hereby amended to read as follows:
485.320 1. Any person whose license or registration shall have been suspended as provided in this chapter, or whose policy of insurance or bond, when required under this chapter, shall have been canceled or terminated, or who shall neglect to furnish other proof upon request of the [commissioner,] division, shall immediately return his license and registration to the [commissioner.] division.
2. If any person shall fail to return to the [commissioner] division the license or registration as provided herein, the [commissioner] division shall forthwith direct any peace officer to secure possession thereof and to return the same to the [commissioner.] division.
Sec. 63. NRS 485.380 is hereby amended to read as follows:
485.380 1. Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the [commissioner] division as provided in subsection 2 of this section.
2. The [commissioner may, in his discretion,] division may, upon the application of such a person, issue a certificate of self-insurance when [he] it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person.
3. Upon not less than 5 days notice and a hearing pursuant to such notice, the [commissioner] division may, upon reasonable grounds, cancel a certificate of self-insurance. Failure to pay any judgment within 30 days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Sec. 64. NRS 485.385 is hereby amended to read as follows:
485.385 Whenever the [commissioner] division has taken any action or has failed to take any action under this chapter by reason of having received erroneous information or by reason of having received no information, then upon receiving correct information within 1 year after the date of the accident the [commissioner] division shall take appropriate action to carry out the purposes and effect of this chapter. The foregoing shall not, however, be deemed to require the [commissioner] division to reevaluate the amount of any deposit required under this chapter.
Sec. 65. NRS 482.015, 482.140, 484.0017, 484.0020 and 485.030 are hereby repealed.
________
κ1961 Statutes of Nevada, Page 150κ
Senate Bill No. 121Senator Brown
CHAPTER 112
AN ACT to amend chapter 244 of NRS, relating to county government, by adding new sections authorizing the revision, codification and publication of county ordinances in code form; providing for the preparation, form, reproduction, adoption, amendment and sale of copies of such codes; providing for judicial notice of the contents of such codes; and providing other matters properly relating thereto.
[Approved March 22, 1961]
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 the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. Each board of county commissioners may provide for the revision and codification, including such restatements and substantive changes as are necessary for clarity and consistency, of all general ordinances of the county, and may provide for the indexing and publication of such ordinances in the form of a county code.
2. The ordinances in each county code shall be arranged in appropriate chapters and sections, excluding the titles, enacting clauses, signatures, attestations and other formal parts.
3. Copies of the county code and any supplements thereto may be reproduced in printed or typewritten book, pamphlet or looseleaf form, or such other form as the board of county commissioners may determine, and may be sold at a price fixed by resolution of such board. All proceeds from such sales shall be deposited in the general fund of the county.
4. The board of county commissioners may employ or contract for the services of professional personnel in preparation of the county code.
Sec. 3. 1. The county code shall be adopted by an ordinance. The only title necessary for such ordinance shall be An Ordinance enacting a revision and codification of the general ordinances of the county of .
2. The proposed county code may be adopted by reference and need not be read aloud to the board of county commissioners if the board:
(a) Files three or more copies of the proposed code with the county clerk at least 1 week before final adoption of the ordinance.
(b) Publishes a notice of such filing in a newspaper having general circulation in the county at least 1 week before final adoption of the ordinance stating that copies of the proposed code may be examined by the general public at the office of the county clerk.
3. The ordinance adopting the county code shall be published by title only once a week for a period of 2 weeks in a newspaper having general circulation in the county, and shall state that copies of the code may be examined by the general public at the office of the county clerk.
κ1961 Statutes of Nevada, Page 151 (CHAPTER 112, SB 121)κ
4. The ordinance adopting the county code shall take effect after:
(a) At least 50 copies of the code have been reproduced.
(b) At least three copies of the code have been filed with the county clerk.
(c) The newspaper publication required by subsection 3 has been completed.
Sec. 4. Two copies of the county code shall be filed with the librarian of the Nevada state library after such code becomes effective, and thereafter in all civil actions and in all prosecutions for the violation of any of the provisions of such county code, whether in a court of original jurisdiction or in any appellate court, it shall not be necessary to plead or prove the contents of the code, but the court shall take judicial notice of the contents of such code.
Sec. 5. The county code may, by ordinance regularly passed, adopted and published, be amended or extended. All general ordinances passed after the adoption of a county code shall be amendments or extensions thereof. No section of the code shall be amended by reference only, but the section, as amended, shall be reenacted and published at length. Three copies of any amendment or extension shall be filed with the county clerk and two copies of any amendment or extension shall be filed with the librarian of the Nevada state library.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 161Senator Whitacre (by request)
CHAPTER 113
AN ACT to amend NRS section 407.150, relating to Fort Churchill, by designating Fort Churchill as Fort Churchill Monument and placing it under the jurisdiction of the state park commission as a state park.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 407.150 is hereby amended to read as follows:
407.150 [If the Government of the United States shall transfer the title of the properties situated in Lyon County, Nevada, upon which is situated that certain Government fort designated as Fort Churchill, and certain lands incident thereto, to the State of Nevada, the governor and the state land register are authorized and directed to transfer the same, in trust, to the Nevada Sagebrush Chapter of the Daughters of the American Revolution, as custodians for the purpose of perpetuating the same in connection with the early history of the State of Nevada. The conveyance shall recite and it shall be made with the covenant that the property shall remain unencumbered by any liens or mortgages, and upon the dissolution of the Nevada Sagebrush Chapter of the Daughters of the American Revolution, the property shall revert to the State of Nevada.]
κ1961 Statutes of Nevada, Page 152 (CHAPTER 113, SB 161)κ
the State of Nevada.] Fort Churchill and the land upon which it is located in Lyon County, Nevada, is designated as Fort Churchill Monument and is placed under the jurisdiction of the state park commission as a state park.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 172Senator Whitacre
CHAPTER 114
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Lyon County, Nevada; regulating the employment and compensation of deputies and other employees of county officers; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved February 7, 1955, as amended.
[Approved March 22, 1961]
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 4, Statutes of Nevada 1955, as amended by chapter 18, Statutes of Nevada 1957, at page 15, is hereby amended to read as follows:
Section 2. District Attorney.
1. The district attorney of Lyon County, Nevada, shall receive an annual salary of [$6,000] $6,600 for all his services as such officer.
2. The district attorney is hereby authorized and empowered:
(a) To employ one person to act as his secretary, who shall receive as salary an amount set by the board of county commissioners.
(b) To employ [a deputy, who shall receive as salary an amount set by the board of county commissioners, provided the board of county commissioners shall deem the employment of such a deputy necessary.] deputies, investigators, clerks and other assistants, who shall receive as salaries amounts set by the board of county commissioners, provided the board of county commissioners shall deem the employment of such persons necessary.
3. The district attorney shall be allowed only his actual expenses while attending to official business of the county or state, but 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 Lyon County or any governmental agency.
Sec. 2. Section 3 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as amended by chapter 18, Statutes of Nevada 1957, at page 16, is hereby amended to read as follows:
Section 3. Sheriff.
1. The sheriff of Lyon County, Nevada, shall receive an annual salary of [$6,000.] $6,600. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.
κ1961 Statutes of Nevada, Page 153 (CHAPTER 114, SB 172)κ
month all moneys collected by him for fees without deduction of any nature.
2. When it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
3. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed.
4. The sheriff of Lyon County, Nevada, may, subject to the approval of the board of county commissioners, employ one undersheriff who shall receive an annual salary not to exceed [$4,800,] $5,400, and such other deputies as the board of county commissioners shall deem necessary, each of whom shall receive an annual salary not to exceed [$4,800.] $5,400.
Sec. 3. Section 4 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as amended by chapter 18, Statutes of Nevada 1957, at page 16, is hereby amended to read as follows:
Section 4. Assessor.
1. The assessor of Lyon County, Nevada, shall receive an annual salary of [$6,000.] $6,600.
2. When it becomes necessary in the discharge of his official duties for the assessor 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, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
3. The assessor of Lyon County, Nevada, may appoint a deputy who shall receive an annual salary not to exceed [$4,800.] $5,400.
Sec. 4. Section 5 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as amended by chapter 18, Statutes of Nevada, 1957, at page 17, is hereby amended to read as follows:
Section 5. County Clerk and Ex Officio Treasurer.
1. The county clerk and ex officio treasurer of Lyon County, Nevada, and ex officio clerk of the district court of the First Judicial District of the State of Nevada, in and for the County of Lyon, shall receive an annual salary of [$6,000.] $6,600.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county clerk and ex officio treasurer may appoint one deputy who shall receive compensation in an amount not to exceed [$4,800] $5,400 a year.
Sec. 5. Section 6 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as amended by chapter 18, Statutes of Nevada 1957, at page 17, is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 154 (CHAPTER 114, SB 172)κ
Section 6. County Recorder and Ex Officio Auditor.
1. The county recorder and ex officio auditor of Lyon County, Nevada, shall receive an annual salary of [$6,000] $6,600 for all his services as such officer.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county recorder and ex officio auditor may appoint one deputy who shall receive compensation in an amount not to exceed [$4,800] $5,400 a year.
Sec. 6. Section 7 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as amended by chapter 18, Statutes of Nevada 1957, at page 17, is hereby amended to read as follows:
Section 7. County Commissioners. The county commissioners of Lyon County, Nevada, shall each receive:
1. An annual salary of [$2,250] $2,700 which shall be in full compensation for all services whatsoever required of such commissioners.
2. 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 of the board of highway commissioners; but no such allowance shall be made to any commissioner residing at the county seat.
Sec. 7. Section 9 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as amended by chapter 18, Statutes of Nevada 1957, at page 17, is hereby amended to read as follows:
Section 9. Appointment, Compensation and Expenses of Other Assistants. The county commissioners of Lyon County, Nevada, are authorized and empowered:
1. To appoint such other assistants to the officers named in this act and for such period of time as may be necessary and to fix their compensation. [in an amount not to exceed $12.50 per day for any such assistant.]
2. To fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistant.
3. To fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; but such rate shall not be in excess of 10 cents per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any officer.
Sec. 8. This act shall become effective on July 1, 1961.
________
κ1961 Statutes of Nevada, Page 155κ
Senate Bill No. 195Committee on Finance
CHAPTER 115
AN ACT making a supplemental appropriation for the support of the 1961 session of the Nevada legislature.
[Approved March 22, 1961]
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 1961 session of the Nevada legislature, the sum of $100,000 is hereby appropriated from the general fund in the state treasury to the 1961 legislative fund heretofore created by chapter 1, Statutes of Nevada 1961.
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 1961 legislative fund shall revert to the general fund on December 31, 1962.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 30Mr. McKissick
CHAPTER 116
AN ACT to amend NRS section 14.070, relating to service of process on operators of motor vehicles involved in accidents, by extending the operation of the section to cover areas open to the public and commonly used by motor vehicles.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 14.070 is hereby amended to read as follows:
14.070 1. The use and operation of a motor vehicle over the public roads, streets or highways, or in any other area open to the public and commonly used by motor vehicles, in the State of Nevada by any person, either as principal, master, agent or servant, shall be deemed an appointment by such operator, on behalf of himself and his principal or master, of the director of the department of motor vehicles to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him growing out of such use or resulting in damage or loss to person or property, and the use or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
κ1961 Statutes of Nevada, Page 156 (CHAPTER 116, AB 30)κ
and validity as though served upon him personally within the State of Nevada.
2. Service of such process shall be made by leaving a copy of the process with a fee of $2 in the hands of the director of the department of motor vehicles or in his office, and such service shall be deemed sufficient upon the operator; provided, that notice of such service and a copy of the process shall forthwith be sent by registered mail by the plaintiff to the defendant, and the [defendants return receipt and the] plaintiffs affidavit of compliance therewith [are] is attached to the original process and returned and filed in the action in which it was issued. Personal service of such notice and a copy of the process upon the defendant, wherever found outside of this state, by any person qualified to serve like process in the State of Nevada shall be the equivalent of mailing, and that such personal service may be proved by the affidavit of the person making such personal service appended to the original process and returned and filed in the action in which it was issued.
3. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
4. The fee of $2 paid by the plaintiff to the director of the department of motor vehicles at the time of the service shall be taxed in his costs if he prevails in the suit. The director of the department of motor vehicles shall keep a record of all such process, which shall show the day and hour of service.
5. The foregoing provisions of this section with reference to the service of process upon such an operator defendant shall not be deemed exclusive, but if such operator defendant is found within the State of Nevada he shall be served with process in the State of Nevada.
________
Assembly Bill No. 79Messrs. Posin, Bunker, McKissick, Bissett and Miss Frazier
CHAPTER 117
AN ACT to amend NRS section 453.210, relating to penalties for violation of the Uniform Narcotic Drug Act, by increasing the penalty for the unlawful sale of narcotic drugs to imprisonment for 20 to 40 years for sale to a person 21 years of age or more, and to imprisonment for life for sale to a person less than 21 years of age; and by providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 453.210 is hereby amended to read as follows:
453.210 1. (a) Except as otherwise provided in subsections 2 and 3 of this section, any person who violates any provision of NRS 453.010 to 453.240, inclusive, shall, upon conviction, be fined not more than $2,000 and be imprisoned in the state prison not less than 2 years or more than 5 years.
κ1961 Statutes of Nevada, Page 157 (CHAPTER 117, AB 79)κ
to 453.240, inclusive, shall, upon conviction, be fined not more than $2,000 and be imprisoned in the state prison not less than 2 years or more than 5 years.
(b) For a second offense, or if, in case of a first conviction of violation of any provision of NRS 453.010 to 453.240, inclusive, the offender shall previously have been convicted of any violation of the laws of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be fined not more than $2,000 and be imprisoned in the state prison not less than 5 years or more than 10 years.
(c) For a third or subsequent offense, or if the offender shall previously have been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be fined $2,000 and be imprisoned in the state prison not less than 10 years or more than 20 years.
(d) Except in the case of conviction for a first offense, the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.
2. Any person who is convicted of the illegal sale, exchange, barter, supplying or giving away of narcotic drugs or marihuana to a person who is:
(a) Twenty-one years of age or older shall be fined $10,000 and imprisoned in the state prison for not less than [10] 20 years or more than [20] 40 years. For a second or subsequent offense, such offender shall, upon conviction, be fined $10,000 and imprisoned in the state prison for not less than [20] 40 years, which term may be extended to life.
(b) Under 21 years of age shall be fined $10,000 and imprisoned in the state prison for [not less than 15 years or more than 30 years. For a second and subsequent offense, such offender shall, upon conviction, be fined $10,000 and imprisoned in the state prison for not less than 30 years, which term may be extended to] life.
3. Any person who supplies narcotic drugs or marihuana to another person knowing that such other person intends illegally to sell, exchange, barter, supply or give away such drugs or marihuana, and such other person illegally sells, exchanges, barters, supplies or gives away such drugs or marihuana to a person who is:
(a) Twenty-one years of age or older shall, upon conviction, be imprisoned in the state prison for not less than 30 years or more than 60 years. For a second and subsequent offense, the offender shall, upon conviction, be imprisoned in the state prison for life.
(b) Under 21 years of age shall, upon conviction, be imprisoned in the state prison for life.
4. Any term of imprisonment imposed under the provisions of subsections 2 and 3 shall be served without possibility of probation or parole.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 158κ
Assembly Bill No. 94Messrs. Pozzi and Waters
CHAPTER 118
AN ACT to amend NRS section 286.030, which defines continuous service in public employment, by providing that employees of a participating public employer who have contributed to the public employees retirement system for 10 years or more shall be credited with all eligible public service performed prior to their first opportunity to contribute to the system.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.030 is hereby amended to read as follows:
286.030 1. As used in this chapter, continuous service means service in public employment of the state, and for its political subdivisions participating in the system, in positions subject to the provisions of this chapter or in positions which would have been subject to this chapter, not interrupted for 5 years or more.
2. When an employee of a participating public employer has contributed to the system for 10 or more years, all of his eligible public service performed prior to his first opportunity to become a contributing member of the system shall be accredited toward retirement without regard to the 5-year period of interruption provision of subsection 1.
3. The time spent by persons employed in the service of federal agencies prior to the creation of the system, when such service constituted an uninterrupted continuation of duties then being performed for the State of Nevada or an eligible participating political subdivision of the State of Nevada, shall not be considered an interruption of service.
________
Assembly Bill No. 135Messrs. Bastian, Bunker, Bleak and Schouweiler
CHAPTER 119
AN ACT to amend chapter 458 of NRS, relating to alcoholism, by adding new sections providing that the director of the state alcoholism agency shall supervise all agency administrative and technical activities, appoint staff members and designate a deputy director; to amend NRS sections 458.040, 458.070, 458.160 and 458.190, relating to the state alcoholism agency and the state alcoholism advisory board, by authorizing a salary for the agency director and broadening the scope of agency activities; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act:
Sec. 2. As executive head of the agency, the director shall:
κ1961 Statutes of Nevada, Page 159 (CHAPTER 119, AB 135)κ
1. Direct and supervise all administrative and technical activities as provided by this chapter.
2. Pursuant to the provisions of chapter 284 of NRS, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the agency may require.
Sec. 3. The director may designate an employee of the agency to act as his deputy. In case of the absence of the director, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy.
Sec. 4. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the director before they are paid.
Sec. 5. NRS 458.040 is hereby amended to read as follows:
458.040 1. The governor shall appoint a director of the agency.
2. The director shall be:
(a) An arrested alcoholic who has maintained continued sobriety for 2 years immediately preceding his appointment.
(b) An active member of the group commonly known as Alcoholics Anonymous.
(c) In the classified service of the state under the provisions of chapter 284 of NRS.
3. The director shall be allowed the per diem expense allowances and travel expenses as fixed by law.
4. The director shall receive an annual salary which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
Sec. 6. NRS 458.070 is hereby amended to read as follows:
458.070 The agency may, in performing its duties:
1. Promote and conduct educational training, preventive 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.
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 all organizations, fellowships and groups directly associated with [the group commonly known as Alcoholics Anonymous or] problems of alcoholism, including committees and councils affiliated with the National Council on 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. 7. NRS 458.160 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 160 (CHAPTER 119, AB 135)κ
458.160 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.] an arrested alcoholic who has maintained continuous sobriety for 2 or more years immediately preceding his appointment.
Sec. 8. NRS 458.190 is hereby amended to read as follows:
458.190 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] 50 employees.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 181Mr. Bissett
CHAPTER 120
AN ACT to amend NRS sections 339.020, 339.060 and 339.090, relating to contractors bonds on public works and actions on such bonds by requiring the bond to be in an amount equal to the contract price; by providing a 90-day period for payment of claims before action on the bond; by requiring claimant to serve notice of claim before bringing action on the bond; and by providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 339.020 is hereby amended to read as follows:
339.020 1. At the time of making any contract for the erection, construction, alteration or repair of any public building or structure the contract price of which shall exceed the sum of $500, the party letting the contract shall exact from the contractor, and the contractor shall give to such party, a good and sufficient bond:
(a) In an amount equal to [at least 25 percent of] the contract price; and
(b) With at least two sureties who shall quality, in the aggregate, in an amount double the penal sum of the bond and shall qualify in the form provided for the qualification of sureties upon court bonds; and
(c) Which shall be conditioned that the contractor shall promptly and faithfully perform the contract and shall well and truly pay, or cause to be paid, all just debts contracted by him for labor performed upon and materials furnished for the work provided to be done by the contract.
2. A bond given by any surety company qualified to do business in the State of Nevada shall be accepted as the equivalent of the bond required to be given by subsection 1.
Sec. 2. NRS 339.060 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 161 (CHAPTER 120, AB 181)κ
339.060 1. Any bond given under the provisions of this chapter shall be to the party letting the contract, and, upon default of the contractor, all who have performed labor upon, or furnished materials for, the work provided to be done by the contract, and their heirs, personal representatives, successors and assigns, if not paid in full before the expiration of 90 days after the date on which the last of such work or labor was done or performed or materials were furnished, shall have a right of action upon the bond, for the amount of their just debts for such labor and materials.
2. The court may allow a reasonable attorneys fee to the prevailing party in such action or actions.
Sec. 3. NRS 339.090 is hereby amended to read as follows:
339.090 1. [All actions brought upon any bond given under the provisions of this chapter shall be commenced within 90 days after the completion and acceptance of the public building or structure upon which the bond was given, and no action so brought shall be tried, or any judgment rendered therein, until the expiration of the 90 days.] No action may be brought upon any bond given under the provisions of this chapter unless the party who has performed labor upon or furnished materials for the work required to be done by the contract:
(a) Gives written notice to the principal, the obligee and the surety or sureties within 90 days after such party performed the last of the work or labor or furnished the last of the materials for which such claim is made;
(b) States with substantial accuracy in such notice the amount claimed and the name of the party to whom the materials were furnished or for whom the work or labor was done or performed;
(c) Serves such notice by delivering it to the principal, obligee and surety or sureties at any place where they regularly maintain an office for the transaction of business in this state, or by mailing such notice by registered or certified mail, postage prepaid, to such office address; and
(d) Commences such action within 1 year following the date on which the principal ceased work on the contract.
2. Any judgment obtained in any action brought under any provision of this chapter shall be enforced in the same manner as judgments in other civil actions.
________
κ1961 Statutes of Nevada, Page 162κ
Assembly Bill No. 201Clark County Delegation
CHAPTER 121
AN ACT concerning special assessments and bonds payable therefrom; ratifying all action taken by any municipality incorporated under either general or special act preliminary to and in the levy of special assessments and preliminary to and in the issuance of special assessment bonds; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All actions heretofore taken by the governing body of any municipality, whether incorporated under a general or special act, taken preliminary to and in the levy of special assessments, or taken preliminary to and in the issuance, sale, execution and delivery of special assessment bonds, are hereby validated and ratified. This provision shall apply to any action taken in any issue undelivered or incomplete at the date of the adoption of this provision. The validation and ratification shall be notwithstanding any lack of power, authority or otherwise, other than constitutional, of any municipality or the governing board or officers thereof or of the officers or officials purporting to authorize or issue the bonds or to sell, execute and deliver them, and notwithstanding any difficulties and irregularities other than constitutional, in the proceedings or in the sale, execution and delivery, and the bonds upon their execution and delivery will and shall be legal and enforcible obligations of the municipality.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
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.
________
Assembly Bill No. 214Messrs. Bissett, Pozzi and Waters
CHAPTER 122
AN ACT to amend NRS section 286.440, relating to redeposit in public employees retirement fund of withdrawn contributions upon return to service, by allowing contributions exceeding $1,500 to be redeposited within 8 years; by providing conditions under which a successively reemployed member may restore all his service credit; and by providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.440 is hereby amended to read as follows:
286.440 1. Whenever a member, who has previously withdrawn the amount credited to him as provided in NRS 286.430, returns to the service of a public employer participating in the system within 5 years after separation from previously covered employment, he may:
κ1961 Statutes of Nevada, Page 163 (CHAPTER 122, AB 214)κ
amount credited to him as provided in NRS 286.430, returns to the service of a public employer participating in the system within 5 years after separation from previously covered employment, he may:
(a) Redeposit, with interest, all contributions previously withdrawn; or
(b) Elect to start as a new member.
2. If he should elect to repay his withdrawn contributions, an initial payment upon the withdrawn contributions must be made within 6 months after reemployment, or an agreement containing a schedule of payments must be entered into with the board within 6 months after reemployment. The entire amount of the withdrawn contributions must be repaid, with interest, within 5 years after return to employment [.] where the amount is $1,500 or less, and within 8 years where the amount exceeds $1,500.
3. If the initial payment is not made or if an agreement is not entered into within 6 months after reemployment or if the entire amount of withdrawn contributions, with interest, is not redeposited within [5 years from the date of reemployment,] one of the periods provided for in subsection 2, the privilege of redepositing shall be withdrawn and service prior to the time of reemployment shall not be credited for benefits under the system; but if a reemployed member has repaid a portion of his withdrawn contributions at the conclusion of [the 5-year period following reemployment] one of the periods provided for in subsection 2 and has not repaid the entire amount of such withdrawn contributions, he shall be given service credit for the service affected thereby in the same proportion that his repaid contributions bear to the total amount of withdrawn contributions.
4. Upon redepositing his withdrawn contributions, with interest, the member shall have restored completely his previous service credit which had been relinquished by the withdrawal of such contributions.
5. A reemployed member, who has elected to repay his withdrawn contributions and is separated from service before any service credit is forfeited under subsection 3, may, if subsequently reemployed, restore all previous service credit by complying with the provisions of this section.
Sec. 2. This act shall become effective on passage and approval.
________
κ1961 Statutes of Nevada, Page 164κ
Assembly Bill No. 216Messrs. Bissett, Pozzi and Waters
CHAPTER 123
AN ACT to amend NRS section 286.420, relating to deductions for and contributions to the public employees retirement fund, by providing that such payments shall begin for new employees at the start of the next official pay period after 60 consecutive days of employment.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.420 is hereby amended to read as follows:
286.420 1. Deductions shall not be made from the salary of an employee and contributions shall not be paid thereon by the public employer until the start of the next official pay period following the conclusion of 60 consecutive days of employment, unless the employee shall elect, at the beginning of the employment period, to make such contributions from the first day of employment.
2. That period of employment upon which contributions are not paid shall not be regarded as service toward retirement and the individual shall not be entitled to any benefits under this chapter during such period of noncontribution.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 254Mr. Pozzi
CHAPTER 124
AN ACT to amend an act entitled 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.
[Approved March 22, 1961]
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 142, Statutes of Nevada 1960, at page 219, is hereby amended to read 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:
κ1961 Statutes of Nevada, Page 165 (CHAPTER 124, AB 254)κ
[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.]
Commencing at the west 1/4 corner of Section 7, T. 19 N., R. 20 E., M. D. B. & M.; and proceeding thence N. 89° 35' 05" E., 2,395.07 feet; thence N. 0° 01' 47" E., 50.79 feet to the true point of beginning, said point being on the northerly line of East Second Street. Thence N. 0° 01' 47" E., 630 feet to the meander line of Truckee River; thence along the meander line of the Truckee River S. 45° 30' 00" E., 460.05 feet; thence along the meander line S. 27° 30' 00" E., 338.28 feet to a point on the northerly line of East Second Street; thence along the northerly line of East Second Street S. 89° 06' 54" W., 484.72 feet to the true point of beginning. Containing an area of 4.057 acres of land, more or less, and being contained entirely within Lot 10, Section 7, T. 19 N., R. 19 E., M. D. B. & M.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 256Mr. Pozzi
CHAPTER 125
AN ACT to amend NRS sections 528.050 and 528.060, relating to timber-cutting practices and regulations governing logging operations, by exempting certain logging operations from the requirements concerning cutting practices; by allowing the state board of forestry and fire control to require by regulation registration and reports concerning cutting operations; and by providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 528.050 is hereby amended to read as follows:
528.050 The cutting practices of every timber owner or operator conducting logging operations within this state shall conform to the following:
1. Areas of old-growth timber shall have reserved and left uncut for future crops all sound, immature trees 18 inches d.b.h. or less, with an average of not less than three satisfactorily located seed trees 18 inches d.b.h.
κ1961 Statutes of Nevada, Page 166 (CHAPTER 125, AB 256)κ
inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from seed source unless the area is adequately stocked.
2. Areas of young-growth and prior-cut timber harvested for saw logs and veneer logs shall have reserved and left uncut for future crops all sound, immature trees of 18 inches d.b.h. or less, with an average of not less than three satisfactorily located seed trees 18 inches d.b.h. or larger to be left per acre, and no area will be more than one-eighth mile from the seed source unless the area is adequately stocked.
3. On areas of young-growth and prior-cut timber where forest products other than saw logs and veneer logs are being harvested an adequately stocked stand shall be left.
4. The following may be cut regardless of size:
(a) Trees with dead tops.
(b) Trees with butt burns, with over half of the circumference burned and exposed wood showing decay.
(c) Trees with bad lightning scars.
(d) Trees infested with insects or disease.
(e) Trees injured or broken during operations.
(f) Trees to be removed for purpose of clearing of rights-of-way, landings, campsites or firebreaks.
(g) Excessively crooked trees.
(h) Suppressed trees with less than 25 percent crown.
5. The provisions of this section do not apply if trees are being removed to change the use of the land from forest production to another use, but the cutter shall furnish evidence satisfactory to the state forester firewarden that the proposed changes have been approved by the local planning commission, if any, and that they will not adversely affect erosion control or watershed management.
Sec. 2. NRS 528.060 is hereby amended to read as follows:
528.060 For the purpose of protecting from damage those trees required to be left for reserve and to leave cut-over timberland in a productive condition, the state board of forestry and fire control: [shall]
1. Shall make reasonable rules in relation to stump heights, felling of trees, skid trails and skid roads, tractor and truck roads, landings and rigging as the board deems wise and necessary.
2. May adopt regulations requiring timber owners and persons conducting logging operations to register proposed cutting areas with the state forester firewarden, and to report to him such information concerning cutting as he may require.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 167κ
Assembly Bill No. 332Messrs. Giomi and Bunker
CHAPTER 126
AN ACT to amend NRS section 587.170, relating to labeling of agricultural seeds, by changing from 9 months to 12 months the period within which seeds sold or offered for sale in packages of 8 ounces to 5 pounds in weight shall be tested to determine the percentage of their germination.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 587.170 is hereby amended to read as follows:
587.170 1. Every lot of agricultural seeds, except as otherwise provided in NRS 587.010 to 587.280, inclusive, when sold, offered or exposed for sale in bulk, or in packages or other containers of [1 pound] 8 ounces or more shall bear a label stating:
(a) The commonly accepted name of such agricultural seed and the actual weight thereof.
(b) The approximate percentage of weight or count of all other agricultural seeds, as defined in NRS 587.020, distinguishable by their appearance, present.
(c) The approximate percentage by weight of inert matter present.
(d) The name of each kind of seeds, seed aggregate, tubers, bulbs or propagating parts of secondary noxious weeds, and the number of the same in each pound, which are present, singly or collectively, as follows:
(1) In excess of one such seed, seed aggregates, tuber, bulb or propagating part, in each 5 grams of timothy, redtop, tall meadow oat grass, orchard grass, crested dogtail, Canada blue grass, Kentucky blue grass, fescues, brome grass, perennial and Italian rye grasses, crimson clover, red clover, white clover, alsike clover, sweet clover, Huban clover, alfalfa and other small legumes and grasses not otherwise classified.
(2) In excess of one such seed, seed aggregate, tuber, bulb or propagating part, in 25 grams of millet, rape, flax, and other seeds not specified in subparagraphs (1) and (3) of paragraph (d) of this subsection.
(3) In excess of one such seed, seed aggregate, tuber, bulb or propagating part, in 100 grams of wheat, oats, rye, barley, buckwheat, vetches, and other seeds as large as or larger than wheat.
(e) The commonly accepted name of each discernible disease, as defined in NRS 587.030, present in the seed and the approximate percentage by weight or count of seeds, seed aggregates, tubers, bulbs or propagating parts, infected with such disease or diseases, and the percentage by weight or count of spores, spore balls or other propagating organs of fungi or other parasites responsible for disease, as defined in NRS 587.030, present.
(f) The approximate percentage of germination of such agricultural seed, together with the month and year the seed was tested.
(g) No noxious weed seeds present.
κ1961 Statutes of Nevada, Page 168 (CHAPTER 126, AB 332)κ
(h) The full name and address of the vendor of such agricultural seed.
2. Every such lot of agricultural seeds, referred to in subsection 1, shall be tested every 9 months if in bulk or in packages or other containers of 5 pounds or more, and every 12 months if in packages or containers of 8 ounces to 5 pounds, to determine the approximate percentage of germination of such agricultural product. The dates stated on the label as prescribed in paragraph (f) of subsection 1 shall be used in computing such 9-month or 12-month period.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 58Senator Monroe
CHAPTER 127
AN ACT to amend NRS section 379.060, relating to the extension of county library service, by providing that funds received for the extension of library privileges to school districts and to other counties, cities or towns outside the county may be paid either into the public library fund or into a special county fund for library purposes.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 379.060 is hereby amended to read as follows:
379.060 1. The library trustees of any county free library shall cooperate with and enter into contracts with the board of county commissioners of any other county, or with any city or town in any other county, or with any school district, when necessary to secure to the residents of such other county, or to the residents of such city or town in such other county, or to the pupils of the school district, the same privileges of the county free library as are granted to or enjoyed by the residents of the county having a county free library, or such privileges as may be agreed upon in the contract. The consideration agreed upon shall be specified in the contract, and the same shall be paid into the public library fund or a special fund for library purposes of the county [library] providing the service.
2. Any contracting county, city, town or school district may terminate any such contract which may be entered into upon such terms as may be agreed upon by the parties thereto.
3. Any county, city or town wherein a library has been established may cooperate with and contract with the library trustees of any county free library to obtain for the residents of such county, city or town an increase in library services or such privileges as may be agreed upon.
4. The library trustees of any county free library may cooperate with and contract with the board of county commissioners of any other county, relative to any phase of library service.
κ1961 Statutes of Nevada, Page 169 (CHAPTER 127, SB 58)κ
5. Any county, city or town contracting for such library service may at any time establish a library for the use of its inhabitants, whereupon its contract for such service may be continued or terminated on such terms as may be agreed upon by the parties thereto.
6. The tax-levying body of any county, city or town contracting to receive such library services is authorized to budget for and levy a tax in an amount not to exceed 10 cents per $100 of assessed valuation to meet the terms of the contract. The board of trustees of a school district may budget to meet the terms of the contract.
7. The library trustees of the county free library providing such services may expend any amounts received in consideration of any such contract in addition to the amount budgeted for the county free library.
8. Any law which conflicts with the financial provisions of this section shall not apply to any contract entered into under the provisions of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 70Committee on Aviation, Transportation and Highways
CHAPTER 128
AN ACT to amend NRS sections 482.490 and 482.500, relating to fees for dealer and manufacturer license plates and duplicate registration certificates and license plates, by deleting the provision for a fee for duplicate containers for registration certificates and increasing the fees for additional manufacturer or dealer license plates, duplicate registration certificates and duplicate number plates; and to repeal NRS section 482.250, relating to issuance of containers with registration certificates.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.490 is hereby amended to read as follows:
482.490 There shall be paid to the department for each manufacturer or dealer license plate, or pair of plates, in lieu of any other fees specified in this chapter, fees according to the following schedule, which fees shall be paid at the time application is made for such plates:
For each plate or pair of plates for motor vehicles other than motorcycles. $5.50
For plates for motorcycles:
For the first plate.............................................................................................. 5.00
For each additional number plate....................................................... [1.00] 2.00
For plates for trailers and semitrailers:
For the first plate.............................................................................................. 5.00
For each additional number plate....................................................... [1.00] 2.00
Sec. 2. NRS 482.500 is hereby amended to read as follows:
482.500 Whenever any certificate of registration or ownership or [container for a registration certificate or] number plate shall be lost or destroyed and a duplicate thereof shall be issued upon application the following fees shall be paid:
κ1961 Statutes of Nevada, Page 170 (CHAPTER 128, SB 70)κ
[container for a registration certificate or] number plate shall be lost or destroyed and a duplicate thereof shall be issued upon application the following fees shall be paid:
For a certificate of registration or ownership...................................... [$1.00] $2.00
[For a container for registration certificate......................................................... .25]
For every number plate............................................................................... [1.00] 2.00
Sec. 3. NRS 482.250 is hereby repealed.
________
Senate Bill No. 85Committee on Judiciary
CHAPTER 129
AN ACT to amend NRS section 37.010, relating to public uses for which the right of eminent domain may be exercised, by including petroleum products and natural gas pipelines as public uses.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 37.010 is hereby amended to read as follows:
37.010 Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:
1. Federal activities. All public uses authorized by the Government of the United States.
2. State activities. Public buildings and grounds for the use of the state, and all other public uses authorized by the legislature.
3. County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district; reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, or incorporated city or town, or for draining any county, or incorporated city or town; for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels; for roads, streets and alleys, and all other public uses for the benefit of any county, incorporated city or town, or the inhabitants thereof.
4. Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or road locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.
5. Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters, or other works, for the reduction of ores, with water for domestic and other uses, or for irrigating purposes, or for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.
κ1961 Statutes of Nevada, Page 171 (CHAPTER 129, SB 85)κ
domestic and other uses, or for irrigating purposes, or for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.
6. Mining and smelting purposes. Roads, railroads, tramways, tunnels, ditches, flumes, pipes and dumping places to facilitate the milling, smelting or other reduction of ores, or the working of mines, and for all mining purposes; outlets, natural or otherwise, for the deposit or conduct of tailings, refuse, or water from mills, smelters, or other work for the reduction of ores from mines, mill dams, natural gas or oil pipe lines, tanks or reservoirs; also an occupancy in common by the owners or possessors of different mines, mills, smelters or other places for the reduction of ores, or any place for the flow, deposit or conduct of tailings or refuse matter; also necessary land upon which to erect smelters and to operate the same successfully, including deposition of fine flue dust, fumes and smoke.
7. Byroads. Byroads leading from highways to residences and farms.
8. Public utilities. Telegraph, telephone, electric light, and electric power lines, and sites for electric light and power plants.
9. Sewerage. Sewerage of any city, or town, or of any settlement of not less than 10 families, or of any public building belonging to the state, or of any college or university.
10. Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery for the purpose of generating and transmitting electricity for power, light or heat.
11. Cemeteries, public parks. Cemeteries or public parks.
12. Pipe lines of beet sugar industry. Pipe lines for the purpose of conducting any and all liquids connected with the manufacture of beet sugar.
13. Oil pipe lines. Pipe lines for the transportation of crude petroleum [to or for the public, for hire or otherwise, from any oil field or place of production within the State of Nevada to any distributing, refining or marketing center or reshipping point thereof, or otherwise.] , petroleum products or natural gas, whether interstate or intrastate.
14. Aviation. Airports, air navigation facilities and aerial rights-of-way.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 172κ
Senate Bill No. 104Committee on Agriculture and Irrigation
CHAPTER 130
AN ACT appropriating money from the general fund in the state treasury to the state board of stock commissioners for the purpose of acquiring equipment and paying for the installation thereof for an animal disease diagnostic laboratory; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the state board of stock commissioners the sum of $21,957 for the purpose of acquiring additional equipment and providing for the installation thereof in an animal disease diagnostic laboratory in the state department of agriculture.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 106Committee on Aviation, Transportation and Highways
CHAPTER 131
AN ACT to amend chapter 706 of NRS, relating to motor vehicle carriers, by adding new sections allowing the department of motor vehicles to levy additional assessments upon motor vehicle carriers; providing for notice and hearings; providing penalties and interest; and restricting application of such assessments; to amend NRS section 482.515, relating to delinquent fees and penalties, by restricting the application of such section; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If the department is not satisfied with the records, statements or amount of fees paid by any person, pursuant to the provisions of NRS 706.010 to 706.860, inclusive, it may make an additional assessment of fees due from such person based upon any information available to it. Every such additional assessment shall bear interest at the rate of 1 percent per month, or fraction thereof, from the date such additional assessment is imposed until paid.
2. If any part of a deficiency for which an additional assessment is imposed is found to be caused by negligence or intentional disregard of the provisions of NRS 706.010 to 706.860, inclusive, or the rules and regulations of the department adopted pursuant thereto, a penalty of 10 percent of the amount of such additional assessment shall be added thereto. If any part of such deficiency is found to be caused by fraud or an intent to evade this chapter or rules and regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the additional assessment shall be added thereto.
κ1961 Statutes of Nevada, Page 173 (CHAPTER 131, SB 106)κ
an intent to evade this chapter or rules and regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the additional assessment shall be added thereto.
3. The department shall give such person written notice of such additional assessment. Such notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to such person at his address as it appears in the records of the department. Except in the case of a fraudulent report, or neglect or refusal to make a report, such notice shall be served within 2 years after the additional assessment is found to be due.
4. Any person against whom an assessment has been made pursuant to the provisions of this section may petition the department for a redetermination within 15 days after service of such notice. If such a petition is not filed with the department within such period, such assessment shall become final.
5. If a petition for redetermination is filed within such period, the department shall reconsider the assessment and, if the petitioner so requests, shall grant him an oral hearing and give him 10 days notice of the time and place of such hearing. The department may continue such hearing from time to time as may be necessary.
6. The order of decision of the department upon such a petition shall become final 15 days after service of notice thereof. If any additional assessment is not paid on or before the date it becomes final, there shall be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the additional assessment.
Sec. 2. NRS 482.515 is hereby amended to read as follows:
482.515 1. Whenever any vehicle shall be operated upon the public highways of this state without there having been paid therefore the registration or transfer fee required by this chapter, such fee shall be deemed delinquent; but in the case of vehicles purchased at a time when it is impossible to secure registration, registered dealers shall be empowered to affix a temporary permit, on a form to be provided by the department, attesting to such fact, which shall protect the purchaser of the vehicle for a period not to exceed 5 days from the date of purchase, which date must be legibly affixed to the permit.
2. If such registration fee shall not be paid within 30 days after the same becomes delinquent, a penalty of $3 shall be added thereto. If such delinquency continues, and if the person liable for such fee has knowledge of the delinquency, a penalty of $3 shall be added for each 30 days or major fraction thereof during which the delinquency continues. [, except that penalties under this section shall be prorated for violations involving] The provisions of this section do not apply to vehicles which come within the provisions of NRS 706.730 to 706.860, inclusive.
Sec. 3. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall immediately follow NRS 706.590 and shall read as follows:
1. Where a person makes application to use both the mileage method and the one-trip method of paying license fees, or the mileage method only, and such person does not qualify for a mileage license or fails to purchase a one-trip license, a one-trip license fee shall be imposed against such person pursuant to the provisions of NRS 706.580, but the aggregate fee thus assessed against any one vehicle in any 1 year shall not exceed the cost of prorated annual licensing pursuant to the provisions of NRS 706.520.
κ1961 Statutes of Nevada, Page 174 (CHAPTER 131, SB 106)κ
and the one-trip method of paying license fees, or the mileage method only, and such person does not qualify for a mileage license or fails to purchase a one-trip license, a one-trip license fee shall be imposed against such person pursuant to the provisions of NRS 706.580, but the aggregate fee thus assessed against any one vehicle in any 1 year shall not exceed the cost of prorated annual licensing pursuant to the provisions of NRS 706.520.
2. Where a person makes application to use only the one-trip method of paying license fees and fails to purchase a one-trip license, a one-trip license fee shall be imposed pursuant to the provisions of NRS 706.580.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 117Committee on Education and State University
CHAPTER 132
AN ACT to amend NRS section 396.120, relating to the annual report to the governor by the board of regents of the University of Nevada, by requiring biennial rather than annual reports; and by providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.120 is hereby amended to read as follows:
396.120 [Annually,] In each odd-numbered year, the board of regents shall:
1. Report to the governor all transactions of the board and all other matters pertaining to the university.
2. Transmit, with such report, [a copy] copies of the presidents annual [report.] reports.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 125Committee on Judiciary
CHAPTER 133
AN ACT to amend chapter 78 of NRS, relating to private corporations, by defining investment company and open end investment company; by allowing open end investment companies to redeem their shares; and by providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, unless the context requires otherwise:
κ1961 Statutes of Nevada, Page 175 (CHAPTER 133, SB 125)κ
(a) Investment company means any corporation, trust, association or fund which is engaged or proposes to engage in the business of investing, reinvesting, owning, holding or trading in securities, and whose assets are invested principally in cash or in securities of other issuers.
(b) Open end investment company means any investment company which issues one or more series or classes of securities under the terms of which the holder of the security, upon presentation thereof to the issuer, is entitled to receive approximately his proportionate share of the current net assets of the issuer applicable to such series or class, or the cash equivalent thereof.
2. An open end investment company may, from time to time, redeem its shares, in accordance with their terms, at approximately the proportionate share of the current net assets of the issuer applicable to such shares, or the cash equivalent thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 156Senator Dial (by request)
CHAPTER 134
AN ACT to amend NRS section 408.240, relating to the state highway revolving fund, by adding a new provision authorizing an increase in the amount of the fund from $250,000 to not to exceed $500,000; and by providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.240 is hereby amended to read as follows:
408.240 1. Upon the written request of the board, the state controller is authorized and directed to draw his warrant in favor of the engineer in the sum of $250,000, and in such additional sums not exceeding a total of $250,000 as the board may from time to time request, and upon presentation of the same to the state treasurer the state treasurer is authorized and directed to pay the same.
2. Such sum of [$250,000] not to exceed $500,000 shall be known as the state highway revolving fund, and may be used by the department for the purpose of paying the current payrolls of the department and other charges and obligations requiring prompt payment, and for no other purposes.
3. All moneys paid by the department from the state highway revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such moneys paid in favor of the state highway revolving fund to be paid to the order of the engineer, and the state treasurer shall pay the same.
κ1961 Statutes of Nevada, Page 176 (CHAPTER 134, SB 156)κ
4. The engineer is directed to deposit the state highway revolving fund in one or more banks of reputable standing and to secure the deposit by a depositary bond satisfactory to the state board of examiners.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 160Senator Monroe
CHAPTER 135
AN ACT to amend an act entitled An Act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917, as amended.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 58 of Chapter II of the above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 165, is hereby amended to read as follows:
Section 58. Any Cost Over [Ten Per Cent of] the Value of Property Paid by the City. The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed [ten per cent 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 [ten per cent] the value of such lot or premises which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as a part of such assessment.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 177κ
Assembly Bill No. 239Mr. Petrini
CHAPTER 136
AN ACT to amend chapter 407 of NRS, relating to state parks and monuments, by adding new sections declaring legislative intention; defining terms; creating a state park commission and system; providing for the appointment, terms and qualifications of commission members and a director; establishing the powers and duties of such commission and system; and creating a fund; to amend NRS section 408.285, relating to the descriptions of state highways, by providing that state roads connecting highways to state parks shall be maintained by the state; providing for the retention of status by the state park commissioners and employees and for the status of the director of such commission; to repeal NRS sections 407.010 to 407.070, inclusive, relating to the state park commission and commissioners, and their powers and duties; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 407 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. It is the intention of the legislature that the Nevada state park system shall acquire, protect, develop and interpret a well-balanced system of areas of outstanding scenic, recreational, scientific and historical importance for the inspiration, use and enjoyment of the people of the State of Nevada and that such areas shall be held in trust as irreplaceable portions of Nevadas natural and historical heritage.
Sec. 3. As used in this act, unless the context requires otherwise:
1. Commission means the state park commission.
2. Director means the director of the Nevada state park system.
3. System means the Nevada state park system.
Sec. 4. There is hereby created the Nevada state park system in which shall be vested the administration of the provisions of this act.
Sec. 5. There is hereby created in the Nevada state park system a state park commission composed of seven members to be appointed by the governor.
Sec. 6. 1. The members of the commission shall serve at the pleasure of the governor, but no appointment shall extend beyond a period of 4 years.
2. The members shall be appointed with staggered terms so that at all times there are at least four members, each with no less than 1 years experience on the commission.
Sec. 7. While engaged in official business of the system, the members of the commission shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 8. 1. The commission shall elect one of its members as chairman of the commission.
2. The director shall act as the nonvoting recording secretary of the commission.
κ1961 Statutes of Nevada, Page 178 (CHAPTER 136, AB 239)κ
the commission. He shall keep the minutes of the proceedings of the commission.
Sec. 9. 1. The members of the commission shall meet at such times and at such places as shall be specified by the call of the chairman or a majority of the commission, but a meeting of the commission shall be held at least quarterly. In case of emergency, special meetings may be called by the chairman or by the director.
2. Four members of the commission shall constitute a quorum. A quorum may exercise all the power and authority conferred on the commission.
3. Minutes of each meeting, regular or special, shall be filed in the office of the system and shall be public records.
Sec. 10. 1. The commission shall have only such powers and duties as are authorized by law.
2. The commission shall have the following powers and duties:
(a) To be informed on and interested in the entire field of legislation and administration charged to the system.
(b) To report to the governor and legislature on all matters which it may deem pertinent to the system, and concerning any specific matters previously requested by the governor.
(c) To advise and make recommendations to the governor or the legislature relative to the park and recreation policy of the state.
(d) To formulate the policy of the system and the various divisions thereof.
(e) From time to time to adopt, amend and rescind such rules and regulations as it may deem necessary for the operation of the system and for carrying out the provisions of the laws and the programs administered by the system. Such rules and regulations shall have the force and effect of law.
3. The commission shall prescribe rules and regulations for its own management and government.
Sec. 11. The position of director of the Nevada state park system is hereby created. The director shall be appointed by and be responsible to the commission. He shall be appointed on the basis of merit under the provisions of chapter 284 of NRS and shall be in the classified service except for the purposes of removal.
Sec. 12. The director shall be a graduate from an accredited college or university, and he shall have demonstrated executive ability and actual experience and training in the conduct of park and recreational systems involving both physical development and program.
Sec. 13. 1. The director shall receive an annual salary which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
2. The salary of the director may be apportioned and paid from any funds available to the system, unless otherwise provided by law.
3. The director shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 14. 1. As the executive head of the system, the director shall direct and supervise all administrative, fiscal, budget and technical activities of the system, and all programs administered by the system as provided by law.
κ1961 Statutes of Nevada, Page 179 (CHAPTER 136, AB 239)κ
activities of the system, and all programs administered by the system as provided by law. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may organize the system into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Coordinate the activities of the various divisions of the system.
(b) Report to the commission upon all matters pertaining to the administration of his office.
(c) Submit a biennial report to the governor, the legislature and the commission on the work of the system, with recommendations that he may deem necessary.
(d) Pursuant to the provisions of chapter 284 of NRS, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the system may require.
Sec. 15. Officers and employees of the department shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 16. The director may designate an employee or employees of the system to act as his deputy or deputies. In case of the absence of the director, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.
Sec. 17. 1. The system shall maintain its headquarters office at Carson City, Nevada.
2. The system may maintain such district or branch offices throughout the state as the director may deem necessary to the efficient operation of the system and the various divisions thereof. The director is hereby authorized, on behalf of the system, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the state department of buildings and grounds and in accordance with the provisions of NRS 331.110.
Sec. 18. 1. Except as provided in subsection 2, the system may acquire, without prior legislative approval, real or personal property by lease, purchase, gift, grant, devise or in any other manner. The right of eminent domain as provided by chapter 37 of NRS may be exercised by the system only after express legislative approval in each case by statute.
2. If the acquisition of any real or personal property by the system would require, or might require, appropriations by the legislature for the purpose of matching moneys acquired, or of maintaining property acquired on a continuing basis (except for custodial care), or of completing or maintaining on a continuing basis any project or enterprise undertaken with money or property acquired, the system shall not acquire such property without prior legislative approval in the form of a concurrent resolution. Nothing in this subsection shall be construed to prevent negotiations by the system concerning such acquisition prior to legislative approval.
κ1961 Statutes of Nevada, Page 180 (CHAPTER 136, AB 239)κ
Sec. 19. The system is hereby authorized to:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreation areas for the use of the general public.
2. Protect state parks and property controlled or administered by it from misuse or damage and to preserve the peace within such areas. At the discretion of the director, rangers and employees of the system shall have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the system.
3. Allow multiple use of state parks and real property controlled or administered by it for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such rules and regulations as may be promulgated in furtherance of the purposes of the system.
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees therefor, which shall be used for park and recreation purposes.
5. Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the system to public or private corporations, to groups of individuals, or to individuals for a valuable consideration upon such terms and conditions as the system deems fit and proper, but no concessionaire shall be permitted to dominate any state park operation.
Sec. 20. 1. In the administration of various programs by the system as provided by law, the system may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, any county, city, public district or political subdivision of this state, any public or private corporation, any individual, or any group of individuals, but such cooperation shall not of itself relieve any such cooperator of any responsibility or liability existing under any provision of law.
2. The system is hereby authorized to accept funds appropriated and made available by any Act of the Congress of the United States for the various programs administered by the system as provided by law.
3. The system is hereby authorized to accept funds and contributions made available by any county, city, public district or political subdivision of this state or any public or private corporation, individual or group of individuals for the various programs administered by the system as provided by law.
Sec. 21. 1. The system is hereby authorized to exhibit and display property, objects, articles, things and commodities at exhibits, fairs, expositions and places of public or private exhibition.
2. The system may negotiate, consult with and agree with institutions, departments, officers, persons and corporations of and in the State of Nevada and elsewhere concerning quarters for and the preservation, care, transportation, storing, custody, display and exhibition of property, objects, articles, things and commodities, and concerning the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof.
κ1961 Statutes of Nevada, Page 181 (CHAPTER 136, AB 239)κ
of property, objects, articles, things and commodities, and concerning the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof.
Sec. 22. 1. The state park grant and gift fund is hereby created in the state treasury for the use of the system.
2. The following moneys shall be deposited in the state park grant and gift fund:
(a) Gifts, grants or devises accepted by the system under the provisions of section 18 of this act.
(b) Fees collected for special services and the renting or leasing of concessions under the provisions of section 19 of this act.
(c) Grants and moneys accepted by the system from the Federal Government or any federal department or agency, any county, city, public district or political subdivision of this state, any public or private corporation, group of individuals or individual under the provisions of section 20 of this act.
3. Expenditures from the state park grant and gift fund shall be made only for the purpose of carrying out the provisions of this act and other programs or laws administered by the system.
Sec. 23. 1. Funds to carry out the provisions of this act and to support the system, its various divisions, and programs administered by the system, may be provided by direct legislative appropriation from the general fund.
2. All moneys in any fund in the state treasury available to the system shall be paid out on claims approved by the director as other claims against the state are paid.
Sec. 24. NRS 408.285 is hereby amended to read as follows:
408.285 1. The highways which are constructed, reconstructed, improved and maintained by the department in accordance with the provisions of this chapter shall be state highways, and the department shall be charged with the responsibility of such construction, reconstruction, improvement and maintenance, provided:
(a) That the funds available to the state through the Acts of Congress described in NRS 408.245 or any other federal acts may be used therefor; and
(b) That when such federal funds are made available under federal acts authorizing the use of federal funds to build roads in the national forests, the board is authorized to set aside for that purpose and to expend highway funds on state highways built by the Federal Government.
2. For department administrative purposes all highways not already or hereafter designated and assigned route numbers by the legislature may be selected, designated and assigned route numbers by the engineer.
3. All roads connecting state parks with state or county highways or city streets, where the title thereto is in the state, are parts of the state highway system and may be maintained by the state. The department is authorized to construct and maintain roads within state parks subject to approval of locations and design by the Nevada state park system.
κ1961 Statutes of Nevada, Page 182 (CHAPTER 136, AB 239)κ
Sec. 25. Upon the effective date of this act:
1. The members of the state park commission shall retain without impairment or diminution the appointments, terms, rights and status now applicable to them.
2. The director of the state park commission shall become and be deemed director of the Nevada state park system. He shall retain without impairment or diminution the appointment, rights and status now applicable to him, receive appointment in the classified service without examination, and thereafter be subject to the provisions of chapter 284 of NRS and section 11 of this act.
3. All employees of the system shall retain without impairment or diminution all rights and status now applicable to them pursuant to chapter 284 of NRS.
Sec. 26. NRS 407.010 to 407.070, inclusive, are hereby repealed.
________
Assembly Bill No. 290Mr. Murphy
CHAPTER 137
AN ACT to amend NRS section 632.270, relating to the qualifications and fees of applicants to practice as practical nurses, by changing certain qualifications effective June 1962; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 632.270 is hereby amended to read as follows:
632.270 1. [Each] Prior to June 1, 1962, each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:
(a) Is of good moral character.
(b) Has completed 2 years of high school or its equivalent and has such other preliminary qualification requirements as the board may prescribe.
(c) Is at least 18 years of age.
(d) [Has completed the prescribed curriculum in a board-approved program for the training of a practical nurse and holds a diploma or certificate therefrom acknowledging that the applicant has completed the course of training and study required therein, or has had 2 years experience in the physical care of the sick in a general hospital licensed by the State of Nevada.] Has successfully completed the prescribed course of study in an accredited school of practical nursing, or has had 2 years experience in the physical care of the sick in a general hospital licensed by the State of Nevada.
2. On and after June 1, 1962, each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:
κ1961 Statutes of Nevada, Page 183 (CHAPTER 137, AB 290)κ
(a) Is of good moral character.
(b) Has completed 2 years of high school or its equivalent and has such other preliminary qualification requirements as the board may prescribe.
(c) Is at least 18 years of age.
(d) Has successfully completed the prescribed course of study in an accredited school of practical nursing.
[2.] 3. Each application for a license to practice as a practical nurse shall be accompanied by a fee in the sum of $10, which shall be paid to the board. All funds received by the board pursuant to the provisions of NRS 632.260 to 632.340, inclusive, shall be disbursed and accounted for in the manner prescribed by NRS 632.090.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 296Mr. Bailey
CHAPTER 138
AN ACT to amend chapter 483 of NRS, relating to operators and chauffeurs licenses, by adding new sections enacting the Driver License Compact; defining terms; making the driving record in another state of an applicant for a license part of his Nevada record; requiring exchange of such records; providing for the furnishing of information to facilitate administration of the compact; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The Driver License Compact, as set forth in full in section 4 of this act, is hereby entered into and enacted into law.
Sec. 3. As used in the Driver License Compact:
1. Executive head, with reference to this state, means the governor.
2. Licensing authority, with reference to this state, means the department of motor vehicles.
Sec. 4. The Driver License Compact is as follows:
ARTICLE I
Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially affected by the degree of compliance with state and local laws and ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.
κ1961 Statutes of Nevada, Page 184 (CHAPTER 138, AB 296)κ
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
ARTICLE II
Definitions
As used in this compact:
(a) State means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a Province of Canada, or a State of Mexico.
(b) Home state means the state which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.
(c) Violation means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance or administrative rule or regulation, or a forfeiture of bail, bond or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.
ARTICLE III
Reports of Violation
The licensing authority of a party state shall report each violation occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the violator and shall describe the violation, and shall include any special findings made in connection therewith.
ARTICLE IV
Effect of Violation
The licensing authority in the home state, for the purposes of suspension, revocation or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, in a violation as it would if such conduct had occurred in the home state.
κ1961 Statutes of Nevada, Page 185 (CHAPTER 138, AB 296)κ
ARTICLE V
Applications for New Licenses
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
ARTICLE VI
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a non-party state.
ARTICLE VII
Compact Administrator
The head of the licensing authority of each party state shall be the administrator of this compact for his state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this compact.
ARTICLE VIII
Entry into Force and Withdrawal
(a) This compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.
κ1961 Statutes of Nevada, Page 186 (CHAPTER 138, AB 296)κ
states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of violation occurring prior to the withdrawal.
ARTICLE IX
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Sec. 5. 1. Whenever an application for an instruction permit or for an operators or chauffeurs license is received from a person previously licensed in another state, the department shall request a copy of the operators record from such other state. When received, the operators record shall become a part of the operators record in this state with the same effect as though entered on the operators record in this state in the original instance.
2. Whenever the department receives a request for an operators record from another licensing state the record shall be forwarded without charge.
Sec. 6. The department shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV and V of the Driver License Compact.
Sec. 7. The compact administrator provided for in Article VII of the Driver License Compact is not entitled to any additional compensation on account of his service as such administrator, but is entitled to expenses incurred in connection with his duties and responsibilities as such administrator in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment.
________
κ1961 Statutes of Nevada, Page 187κ
Assembly Bill No. 333Mr. Giomi
CHAPTER 139
AN ACT to amend chapter 484 of NRS, relating to traffic laws, by adding a new section providing that motor vehicle loads consisting of beehives may not exceed a width of 100 inches; and providing other matters properly relating thereto.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding the provisions of subsection 3 of NRS 484.600, the total outside width of the load of any vehicle shall not exceed 100 inches when the load consists of beehives.
This section shall not be operative whenever it is determined that the provisions of this section will prevent the State of Nevada from receiving any federal funds for highway purposes.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 386Nye County Delegation
CHAPTER 140
AN ACT to amend an act entitled An Act incorporating the city of Gabbs, in Nye County, Nevada, and defining the boundaries thereof; authorizing the establishing of a city government therefor; and other matters properly relating thereto, approved March 29, 1955, as amended.
[Approved March 22, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 60 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 691, is hereby amended to read as follows:
Section 60. Estimates First To Be Had. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement, and of the district to be assessed, by publication for at least 2 weeks in some newspaper published in the county, by posting notices of the same, in at least three public places in the city, one of which shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of the proposed work.
κ1961 Statutes of Nevada, Page 188 (CHAPTER 140, AB 386)κ
posting notices in three public places near the site of the proposed work. The notices shall state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. The board shall also give notice of the 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, and from any other source as the board 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. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered, and the notice shall so specify.
Sec. 2. Section 70 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 695, is hereby amended to read as follows:
Section 70. Notice of Assessment To Be Published. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of the lots or premises, respectively, and when completed he shall report the assessment roll to the board. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment, the board shall cause notice to be published for at least 2 weeks in some newspaper published in the county, after the filing of the same with the city clerk, and appointing a time when the board and assessor shall meet to review the assessments. The board shall also give notice of the 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, and from any other source as the board 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.
Objecting to Assessments, How Made. Any person objecting to the assessment may file his objection thereto with the city clerk. The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
κ1961 Statutes of Nevada, Page 189 (CHAPTER 140, AB 386)κ
NOTICE OF SPECIAL ASSESSMENT
(Form of notice.) To.......................... (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board decided should be paid and borne by special assessment for the (e. g., paving ..street to ..street in the city of Gabbs) 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 and the assessor of the city of Gabbs will meet in the ..in this city on ..(insert the date fixed upon) to review the assessment, at which time and place opportunity will be given all persons interested to be heard.
Date........................................................... ........................................................... , City Clerk.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 295Messrs. Pozzi and Waters
CHAPTER 141
AN ACT authorizing the State of Nevada to purchase a parcel of land, a pipeline right-of-way and water rights in the county of Ormsby belonging to the Virginia and Truckee Railway; authorizing the use of moneys in the Virginia and Truckee water rights fund; providing for the form of conveyance of such lands, right-of-way and water rights; and providing other matters properly relating thereto.
[Approved March 24, 1961]
Whereas, By an act of the legislature, such act being chapter 172, Statutes of Nevada 1959, at page 190, the State of Nevada was authorized to purchase or otherwise acquire all or any of the water rights being and lying in the county of Ormsby, State of Nevada, belonging to the Virginia and Truckee Railway; and
Whereas, A fund was created, the Virginia and Truckee water rights fund, and the sum of $15,000 was appropriated from the general fund to the Virginia and Truckee water rights fund to accomplish the purposes of such act; and
Whereas, The ownership of such water rights is in dispute; and
Whereas, The Virginia and Truckee Railway is the owner of certain lands upon which there is located a water reservoir, and is also the owner of a pipeline right-of-way, the acquisition of which would satisfy the needs of the state; and
Whereas, The Virginia and Truckee Railway has offered to sell to the State of Nevada the lands containing the water reservoir, all the pipeline right-of-way connected therewith, and its interest in all such water rights; now, therefore, The People of the State of Nevada, represented in Senate and Assembly,
κ1961 Statutes of Nevada, Page 190 (CHAPTER 141, AB 295)κ
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The State of Nevada, acting through its duly elected and appointed officers and agents, is authorized to purchase, by bargain and sale deed, in the name of the State of Nevada, title to the water reservoir lands, and by quitclaim deed, in the name of the State of Nevada, title to the pipeline right-of-way in the county of Ormsby, State of Nevada, belonging to the Virginia and Truckee Railway, such lands and right-of-way being described as follows: The Northwest quarter of the Southwest quarter of Section 12, Township 15 North, Range 19 East, M. D. B. & M. and the southwest quarter of the Northwest quarter of Section 11, Township 15 North Range 19 East M. D. B. & M.
Also a right-of-way for a pipe line twenty feet in width beginning at a point of intersection of pipe line now on said premises and the east line of the Northwest quarter of the Southwest quarter of Section 11, Township 15 north Range 19, East M. D. B. and M. from whence the Northeast corner of said Northwest quarter of the Southwest quarter bears north 243.6 feet more or less; thence Northwesterly on lines parallel to and distant ten feet on each side of said pipe line as the same is now constructed, one thousand one hundred (1100) feet more or less, to where said pipe line now crosses the north line of said Northwest quarter of the Southwest quarter of said section, township and range, containing 56/100 of an acre more or less. Also a right-of-way for a pipe line twenty feet in width in the Northwest quarter of the Northeast quarter of Section 13, Township 15 north, Range 19 East M. D. B. and M. beginning at the intersection of the pipe line as now constructed and the north line of said Northwest quarter of the Northeast quarter of said Section 13, from thence the quarter section corner on the North line of said section 13 bears south 89 degrees 35 minutes west two hundred and seventy (270) feet more or less thence southeasterly on lines parallel to and distant ten feet on each side of said pipe line as now constructed, one thousand three hundred and forty-five (1345) feet more or less to the east line of said Northwest quarter of the northeast quarter of said section 13, containing 62/100 of an acre more or less.
Together with the right to enter upon said right-of-way at any and all reasonable and convenient times and to do all things on said right-of-way necessary for the convenient use of the same for a water pipe line.
Sec. 2. The State of Nevada, acting through its duly elected and appointed officers and agents, is authorized to purchase, by quitclaim deed, in the name of the State of Nevada, all of the interest of the Virginia and Truckee Railway in any water rights claimed by such railway in the county of Ormsby.
Sec. 3. The moneys in the Virginia and Truckee water rights fund shall be used to accomplish the purposes of this act.
κ1961 Statutes of Nevada, Page 191 (CHAPTER 141, AB 295)κ
shall be used to accomplish the purposes of this act. Any unexpended balance of the fund shall revert to the general fund after all purchases herein authorized are completed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 157Senator Dial (by request)
CHAPTER 142
AN ACT authorizing and directing the conveyance, without consideration, of certain real property located in Elko County from the Nevada school of industry to the department of highways of the State of Nevada.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada school of industry is hereby authorized and directed on behalf of the school and the State of Nevada to convey, without consideration, to the department of highways of the State of Nevada in fee simple that property situated in the county of Elko, State of Nevada, together with any abutters rights, including access rights appurtenant to the remaining property of the Nevada school of industry, in and to Nevada Interstate Route 80, over and across the lands authorized to be conveyed, and more fully described as follows:
Parcel A.
Being all that piece or parcel of land that lies within the limits of the following described right of way, said right of way being all that land that lies and is between lines that are one hundred seventy-five (175) feet right and four hundred fifty-eight (458) feet left of and parallel to the existing A centerline of Nevada State Route 1 as it passes over and across the SE 1/4 of the SW 1/4 and the SE 1/4 of Section 36, T. 35 N., R. 55 E., M. D. B. & M. said centerline being more fully described as follows:
Beginning at the intersection of said centerline with the south boundary of said Section 36 at or near Highway Engineers Station A 135+52.71 P.O.T., which point bears S. 89° 42' E. a distance of 138.91 feet from the south quarter corner of said Section 36; thence N. 39° 10' 07" E. along said centerline a distance of 3418.70 feet to the intersection of said centerline and the north boundary of the SE 1/4 of said Section 36 at or near Highway Engineers Station A 169+71.41 P.O.T., which point bears West a distance of 378.64 feet from the east quarter corner of said Section 36; said parcel containing 49.68 acres, more or less.
κ1961 Statutes of Nevada, Page 192 (CHAPTER 142, SB 157)κ
Parcel B.
Being all that piece or parcel of land that lies within the limits of the following described right of way, said right of way being all that land that lies and is between a line that is one hundred (100) feet left of and parallel to the proposed Bw line (westbound lane) of Nevada Interstate Route 80 and a line that is seventy-five (75) feet left of and parallel to the centerline of the existing Nevada State Route 1; said right of way being two hundred eighty-three (283) feet in width at the southwest end of said parcel and being four hundred forty (440) feet in width, more or less, at the northeast end of said parcel; as said centerline passes over and across the W 1/2 of the NW 1/4 and the NE 1/4 of the NW 1/4 of Section 31 and the S 1/2 of the SW 1/4 of Section 30, T. 35 N., R. 56 E., M.D.B. & M., said Bw line being more fully described as follows:
Beginning at the intersection of said centerline with the west boundary of the W 1/2 of the NW 1/4 of said Section 31 at or near Highway Engineers Station Bw 110+00.00 P.O.T., which point bears N. 0° 06' 41" W. a distance of 873.58 feet from the west quarter corner of said Section 31; thence N. 39° 10' 07" E. along said Bw line a distance of 337.68 feet to a point; thence from a tangent which bears the last described course curving to the left with a radius of 5000.00 feet through an angle of 24° 12' 19" an arc distance of 2112.32 feet to the intersection of said Bw line and the northeasterly property line of the Nevada school of industry at or near Highway Engineers Station Bw 134+50.00 P.O.C., which point bears S. 26° 10' 56" E. a distance of 2618.20 feet from the west quarter corner of said Section 30, said parcel containing 17.74 acres, more or less.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 171Senator Settelmeyer
CHAPTER 143
AN ACT to amend NRS section 318.255, relating to boundaries of general improvement districts, by providing that local and general improvement districts created for the same purpose may not have overlapping boundaries.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.255 is hereby amended to read as follows:
318.255 1. A district shall be entirely within one county and shall not include lands included in any city or unincorporated town or within 7 miles from the boundary thereof.
2. A district may consist of noncontiguous tracts or parcels of land.
3. No area within a district may be annexed to a city or town, but nothing contained in this section shall be construed as preventing the dissolution of a district or the exclusion therefrom of any land therein, as authorized in this chapter, for the purpose of permitting such an annexation.
κ1961 Statutes of Nevada, Page 193 (CHAPTER 143, SB 171)κ
nothing contained in this section shall be construed as preventing the dissolution of a district or the exclusion therefrom of any land therein, as authorized in this chapter, for the purpose of permitting such an annexation.
4. No districts created under this chapter or under chapter 309 of NRS for the same purpose may overlap each other, but nothing contained in this section shall be construed as preventing any tract or parcel of land being simultaneously situate in overlapping districts which have no common purposes as provided in this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 176Senator Echeverria
CHAPTER 144
AN ACT to amend NRS section 70.010, relating to the time limit for the issuance of executions and the period for a stay of execution of judgments in justices courts, by changing the period within which execution of judgments may issue from 5 to 6 years; precluding from such 6-year period judgments on which the 5-year period has expired prior to the effective date of this act; and providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 70.010 is hereby amended to read as follows:
70.010 1. Execution for the enforcement of a judgment of a justices court may be issued by the justice who entered the judgment, or his successor in office, on the application of the party entitled thereto, at any time within [5] 6 years from the entry of judgment.
2. The court, or any justice thereof, may stay the execution of any judgment, including any judgment in a case of forcible or unlawful detainer, for a period not exceeding 10 days.
Sec. 2. Nothing contained in this act shall be construed to extend the time within which an execution may issue on a judgment of a justices court if the 5-year period from the date of entry of such judgment has expired prior to the effective date of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 194κ
Assembly Bill No. 179Committee on Fish and Game
CHAPTER 145
AN ACT to amend chapter 501 of NRS, relating to fish and game, by adding a new section assenting to federal aid for fish restoration and management; to amend NRS section 501.230, relating to federal-state cooperative agreements on fish restoration and management, by deleting conflicting and obsolete provisions and by allowing the state board of fish and game commissioners to make regulations enforcing such agreements; and providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The State of Nevada hereby assents to the provisions of the Act of Congress known as the Dingell-Johnson Act, being c. 658, 64 Stat. 430, approved August 9, 1950, 16 U. S. C. §§ 777 to 777k, inclusive, providing federal aid to states in fish restoration and management projects.
2. The commission may do all things necessary to obtain for the State of Nevada the benefits provided by such Act of Congress.
Sec. 2. NRS 501.230 is hereby amended to read as follows:
501.230 1. The commission is authorized to enter into cooperative agreements with the Federal Government or any agency thereof for the conservation, restoration and management of fish resources of and in this state.
2. The chairman of the commission is designated as the agent of the State of Nevada to negotiate and execute any such contracts of cooperation now authorized or which may be authorized by congressional enactment. [; but the states proportion of the cost thereof shall not be greater than the rate provided in the Pittman-Robertson Act, accepted by NRS 501.115.
3. The State of Nevada undertakes to accept any Act of Congress on the subject matter (and within the limitations above-stated as to proportionate contribution and participation) that may be enacted not later than January 1, 1951.]
3. The commission may adopt such regulations as are necessary and proper to administer and enforce the provisions of any such cooperative agreement.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 195κ
Assembly Bill No. 182Mr. Parraguirre
CHAPTER 146
AN ACT to amend NRS section 78.195, relating to classes and kinds of stock of private corporations, by providing that the preferences and rights of the various classes of stock which a corporation is authorized to issue may be set forth in a separate statement, available without cost to stockholders, in lieu of being printed on the stock certificates; and by providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.195 is hereby amended to read as follows:
78.195 1. Every corporation shall have power to issue one class or kind of stock, or two or more classes or kinds of stock, any of which may be of stock with par value or stock without par value, with full or limited voting powers or without voting powers and with such designations, preferences and relative, participating, optional or other special rights, or qualifications, limitations or restrictions thereof, as shall be stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution or resolutions providing for the issue of such stock adopted by the board of directors pursuant to authority expressly vested in it by the provisions of the certificate or articles of incorporation, or of any amendment thereto. Any class or kind of stock may be special stock, whether a corporation has power to issue one or more than one class or kind of stock. The power to increase or decrease or otherwise adjust the capital stock as provided in this chapter shall apply to all or any of such classes of stock.
2. Any preferred or special stock may be made subject to redemption at such time or times and at such price or prices, and may be issued in such series, with such designations, preferences, and relative, participating, optional or other special rights, qualifications, limitations or restrictions thereof as shall be stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution or resolutions providing for the issue of such stock adopted by the board of directors as hereinabove provided.
3. The holders of preferred or special stocks of any class or series thereof shall be entitled to receive dividends at such rates, on such conditions and at such times as shall be expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution or resolutions providing for the issue of such stock adopted by the board of directors as hereinabove provided, payable in preference to, or in such relation to, the dividends payable on any other class or classes of stock, and cumulative or noncumulative as shall be so expressed. When dividends upon the preferred and special stocks, if any, to the extent of the preference to which such stocks are entitled, shall have been paid or declared and set apart for payment, a dividend on any remaining class or classes of stock may then be paid out of the remaining assets of the corporation available for dividends.
κ1961 Statutes of Nevada, Page 196 (CHAPTER 146, AB 182)κ
4. The holders of the preferred or special stocks of any class or series thereof shall be entitled to such rights upon the dissolution of, or upon any distribution of the assets of, the corporation as shall be stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution or resolutions providing for the issue of such stock adopted by the board of directors as hereinabove provided.
5. Any preferred or special stocks of any class or series thereof, if there are other classes or series, may be made convertible into, or exchangeable for, shares of any other class or classes or of any other series of the same or any other class or classes of stock of the corporation at such price or prices or at such rates of exchange and with such adjustments as shall be stated and expressed in the certificate or articles of incorporation, or in any amendment thereto, or in the resolution or resolutions providing for the issue of such stocks adopted by the board of directors as hereinabove provided.
6. If the corporation shall be authorized to issue more than one class of stock or more than one series of any class, the designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights shall be set forth in full or summarized on the face or back of the certificate which the corporation shall issue to represent such stock [.], except that, in lieu thereof, the certificate may contain a statement setting forth the office or agency of the corporation from which stockholders may obtain a copy of a statement setting forth in full or summarizing such designations, preferences and relative, participating, optional or other special rights of the various classes of stock or series thereof and the qualifications, limitations or restrictions of such rights. In such event, the corporation shall furnish to its stockholders, upon request and without charge, a copy of such statement or summary.
7. If the corporation shall be authorized to issue only special stock, such certificate shall set forth in full or summarize the rights of the holders of such stock and, when stock of any class or series thereof is issued, the designations, preferences and rights of which shall not have been set forth in the certificate or articles of incorporation or an amendment thereto, the designations, preferences and relative, participating, option or other special rights of such stock and the qualifications, limitations or restrictions of such rights shall be set forth in a certificate made under the seal of the corporation and signed by its president, or a vice president, and its secretary, or an assistant secretary, and acknowledged by such president or vice president before an officer authorized by the laws of Nevada to take acknowledgments of deeds, and such certificate shall be filed and a copy thereof recorded in the same manner as certificates or articles of incorporation are required to be filed and recorded.
8. No corporation shall create any preferred or special stock unless the creation of such stock shall be authorized by the certificate or articles of incorporation or an amendment thereto.
κ1961 Statutes of Nevada, Page 197 (CHAPTER 146, AB 182)κ
the creation of such stock shall be authorized by the certificate or articles of incorporation or an amendment thereto.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 212Messrs. Briare, McKissick and Petrini
CHAPTER 147
AN ACT to amend chapter 207 of NRS, relating to miscellaneous crimes, by adding new sections requiring the registration of sex offenders; providing penalties; by providing a procedure for relief from the duty to register; and providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. Sex offender as used in sections 2 to 8, inclusive, of this act means any person who, after July 1, 1956, has been or is convicted of:
1. Assault with intent to commit rape or the infamous crime against nature under NRS 200.400.
2. A violation of any of the provisions of NRS 200.360, 201.010, 201.180, 201.190 or 201.210 to 201.230, inclusive.
3. An attempt to commit any offense listed in subsections 1 and 2.
4. An offense in any place other than the State of Nevada which, if committed in this state, would be punishable as an offense listed in subsections 1, 2 and 3.
Sec. 3. 1. Each sex offender shall, within 48 hours after July 1, 1961, or thereafter within 48 hours after his arrival in a county in which he resides or is temporarily present for 48 hours or more, register with the sheriff of the county, or with the chief of police if such sex offender resides or is temporarily present in an incorporated city.
2. Within 10 days after changing his address each such sex offender shall notify in writing the law enforcement agency with which he last registered, and such agency shall forward to the law enforcement agency having jurisdiction of the area in which the new residence is located registration data concerning such sex offender.
Sec. 4. The registration required by section 3 shall consist of the photograph and fingerprints of the sex offender and a statement signed by him containing the following information:
1. His name and all aliases which he has used or under which he has been known.
2. A complete description of his person.
κ1961 Statutes of Nevada, Page 198 (CHAPTER 147, AB 212)κ
3. The offenses listed in section 2 of which he has been convicted, where he committed such offenses, where he was convicted, and the name under which he was convicted.
4. The name and location of each hospital or penal institution to which he was committed for each offense listed in section 2.
5. Where he resides, how long he has resided there, how long he expects to reside there, and how long he expects to remain in the county and in the State of Nevada.
Sec. 5. Each person in charge of a jail, hospital, prison, school or other institution to which a sex offender has been committed, and each judge who releases a sex offender on probation or discharges him upon payment of a fine, shall, prior to discharge, parole or release of such sex offender:
1. Explain to him his duty to register under sections 3 and 4 of this act.
2. Require him to sign a statement that his duty to register has been explained to him.
3. Obtain the address at which he expects to reside upon his release.
4. Give one copy of such statement to him and mail one copy, together with such address, to the law enforcement agency having jurisdiction of the area in which he expects to reside.
Sec. 6. No person other than a regularly employed peace officer or other law enforcement officer shall inspect the statements, photographs or fingerprints required by section 4 of this act.
Sec. 7. Any sex offender registered under the provisions of this act may apply to any district court for an order relieving him of the duty of further registration. The court shall hold a hearing on the application at which the applicant and any interested persons may present witnesses and other evidence. If, after such hearing, the court is satisfied that such sex offender is rehabilitated, the court shall grant an order relieving him of the duty of further registration.
Sec. 8. Any person required to register under the provisions of sections 3 and 4 of this act who violates any of the provisions of this act is guilty of a misdemeanor.
________
κ1961 Statutes of Nevada, Page 199κ
Assembly Bill No. 217Messrs. Bissett, Pozzi and Waters
CHAPTER 148
AN ACT to amend NRS sections 286.550 and 286.590, relating to public employees monthly service retirement allowances and options for conversion of allowances, by providing for lump sum payments in the event of death without option election; by providing a termination date for election of a conversion option made obsolete by addition of the lump sum payment provision; and by providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.550 is hereby amended to read as follows:
286.550 1. Upon retirement from the service of a participating employer after 20 years of continuous service at retirement age, an eligible employee will receive a monthly service retirement allowance, payable during his lifetime, which will be 50 percent of the average monthly salary for the 5 highest salaried consecutive years of his last 10 years of service; provided:
(a) That no sum in excess of $600 in any 1 calendar month or $7,200 in any 1 calendar year shall be used in calculating the average salary; and
(b) That members with more than 20 years of continuous service shall receive an additional 1.5 percent of average salary for each year of service over 20 years to a maximum of 10 such additional years. Payments for such additional years shall be applicable only to allowances becoming effective on or after January 1, 1959. Fractions of such additional years shall be prorated on the basis of 1.5 percent for each full year.
(c) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members shall be:
Service of 10 years................................................................................................... $75
Service of 11 years..................................................................................................... 80
Service of 12 years..................................................................................................... 85
Service of 13 years..................................................................................................... 90
Service of 14 years..................................................................................................... 95
Service of 15 years................................................................................................... 100
Service of 16 years................................................................................................... 105
Service of 17 years................................................................................................... 110
Service of 18 years................................................................................................... 115
Service of 19 years................................................................................................... 120
Service of 20 years................................................................................................... 125
(d) That the minimums established in paragraph (c) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
κ1961 Statutes of Nevada, Page 200 (CHAPTER 148, AB 217)κ
2. If the total years of service at retirement is 10 years or more, but less than 20 years, the retirement allowance shall be prorated on the basis of 20 years.
3. In order to be eligible for allowances under this section, unless otherwise specifically provided in this chapter, a police officer or a fireman must have attained the minimum service retirement age of 55 years, and every other employee must have attained the minimum service retirement age of 60 years.
4. On and after July 1, 1961, if a member who has retired under the provisions of this section should die without having elected one of Options 2 to 5, inclusive, as described in NRS 286.590, and before he has received in benefits the amount of his personal contributions to the public employees retirement fund, the surplus of contributions over benefits received shall be paid directly and without probate or administration to the person, if any, whom he designated in writing at the start of his retirement. If no such person is named or a designated beneficiary does not survive, the surplus shall be paid to the estate of the deceased member.
Sec. 2. NRS 286.590 is hereby amended to read as follows:
286.590 1. Option 1 consists of a reduced service retirement allowance payable during the members life, with the provision that at his death a lump sum equal in the amount to the difference between his accumulated contributions at the time of his retirement and the sum of the retirement allowance payments actually made to him during his life be paid to such person, if any, as he nominates by written designation duly acknowledged and filed with the board, or otherwise be paid according to the provisions of this chapter for disposal of an amount credited to a member in his account at the time of his death in the event that he designates no beneficiary to receive the amount or that no beneficiary is able to receive the amount. The right to elect this option shall terminate on July 1, 1961. Such termination shall not affect the rights or benefits vested in any member, or any beneficiary of a member, who elected this option prior to July 1, 1961.
2. Option 2 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death for the life of the beneficiary which he nominates by written designation duly acknowledged and filed with the board at the time of election should the beneficiary survive him.
3. Option 3 consists of a reduced service retirement allowance payable during the members life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of the beneficiary which he nominates by written designation duly acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
4. Option 4 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death for the life of his spouse, whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his spouse survive him, but no payment shall be made to the surviving spouse prior to the attainment by