[Rev. 2/28/2019 2:35:32 PM]
κ1963 Statutes of Nevada, Page 1219 (CHAPTER 447, AB 452)κ
not inconsistent with the general purpose and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts, and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the councilmen of the city or other charter officers except by acting in concert with the other members of the city council when present and may vote on all questions the same as other councilmen.] ; Mayor Pro Tempore. 1. The mayor shall:
(a) Be a member of the council.
(b) Preside at meetings of the council.
(c) Be recognized as head of the city government for similar purposes and by the government for purposes of military law and civil defense.
(d) Be empowered by action of the majority of the council to sign and execute all necessary documents, orders, contracts, securities and bonds approved by the majority of the council.
2. The mayor shall have no administrative duties.
Sec. 22. Section 20 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 403, is hereby amended to read as follows:
Section 20. [Claims and Accounts; Warrants, How Issued; Financial Statements, Publication of. The councilmen named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another councilman to act in his stead during his absence, or to audit such claims or accounts as said councilman shall fail or refuse to act upon, but before payment all accounts shall be approved by the city council, and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the city council. The city clerk shall certify the claim, when so allowed by the city council to the city auditor, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him. The auditor shall have the same power of veto that he now exercises in regard to county claims, and the council shall have the right to pass a claim over such veto by vote of four members of such council. The holder of any claim which has been rejected in whole or in part may, within six months after such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if such action be not commenced within such period, such claim of amount so rejected, together with the right of action thereon, shall be forever barred, and the city council shall not have power to allow or pay the same in whole or in any part at any time subsequently. The action shall be against the city, and service of summons in all actions against the city shall be upon the mayor, or, in the event of his absence, upon the vice-president of the council. In case of final recovery of judgment by the plaintiff in any action against the city, no execution shall issue therefor, but the council must allow the amount of the same with costs as taxed by the court.
κ1963 Statutes of Nevada, Page 1220 (CHAPTER 447, AB 452)κ
the council must allow the amount of the same with costs as taxed by the court. The councilman shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; said city council shall require a statement to be published or posted, as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived and also indicating the disposition made thereof and all outstanding bonds and other obligations.] Audits of Claims, Accounts; Certification and Approval of Claims; Semiannual Audits of City Finances. 1. The finance department shall maintain complete records of all claims against and all fiscal transactions of the city.
2. The head of each department shall audit all accounts and claims against his department, unless he is absent or fails or refuses to do so, in which event the city manager shall appoint an acting department head to act in his stead.
3. Before payment, all accounts shall be audited and approved by the finance department. No money shall be paid for any purpose except upon claims approved by the city council by majority vote. After approval of claims by the city council, the city auditor or city treasurer shall prepare all warrants drawn against the proper account in payment thereof. Warrants so issued shall bear the signatures of any two of the three following officers: City manager, city treasurer and city auditor. Facsimile signatures may be permitted provided that at least two of the three designated officers control the use of the device.
4. No warrant shall be released by the city in payment of any claim until the invoices in support thereof have been certified by the claimant in substantially the following form: I hereby certify that this claim against the city of North Las Vegas, Nevada, is just and reasonable, and that the claim is now due, owing and unpaid. This copy is the only copy upon which payment will be requested.
5. Semiannually the city council shall require statements to be prepared by an independent certified public accountant showing:
(a) A full, clear and complete analysis and accounting of all revenues collected by the city and all expenditures made from the respective sources from which the moneys are derived, and indicating the disposition thereof; and
(b) An accounting of all outstanding bonds and other obligations of the city.
The semiannual audit statements shall be published or posted, or both published and posted, as required by the city council.
Sec. 23. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section designated section 20.5, which shall immediately follow section 20 of Chapter II, and shall read as follows:
Section 20.5. Presentation of Claims Within Six Months; Actions by Claimants on Rejected Claims. 1. All unaudited claims or accounts against the city shall be presented to the city, certified by the claimant as provided in section 20 of Chapter II of this charter, within 6 months from the time such claims or accounts become due or payable.
κ1963 Statutes of Nevada, Page 1221 (CHAPTER 447, AB 452)κ
as provided in section 20 of Chapter II of this charter, within 6 months from the time such claims or accounts become due or payable. No claim or account against the city shall be audited, allowed or paid by the city and its officers unless the provisions of this subsection are strictly complied with.
2. No person shall sue the city for any demand or claim, unless he shall first present his claim or demand to the city for allowance and approval. Any claimant whose claim has been rejected in whole or in part may, within 6 months after such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if such action is not commenced within such period, the claim so rejected and the right of action thereon are forever barred, and the city council shall not have power to allow or pay the same in whole or in part at any subsequent time. The action shall be against the city. Service of summons shall be made upon the city manager, or in his absence, upon the mayor or a councilman. In case of final recovery of judgment by the plaintiff in an action against the city, no execution shall issue, but the city council must allow the amount of the judgment with costs as taxed by the court.
Sec. 24. Section 21 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 403, is hereby amended to read as follows:
Section 21. City Council; Meetings; Special Meetings; Quorum. The city council [created by this act] shall meet at least once a month in regular meeting at such time as shall be fixed by [said] the council at the city hall or other designated place in [said] the city to consider and take under advisement and act upon such business as may come before them. Three councilmen or the mayor and two councilmen shall constitute a quorum for the transaction of all business; [, but no final action shall be taken in any matter concerning the special department of any absent councilman unless such business has been made a special order of the day, or such action is taken at a regular meeting of the council;] provided, that no bonds may be issued nor taxes levied except at a regular meeting attended by at least three councilmen and the mayor, or by four councilmen without the mayor. Special meetings may be called by the mayor or by any two councilmen at any time to consider only such matters as shall be mentioned in the call for [said] the meeting. Written notice of such special meetings shall be given to each member of [said] the council by registered mail, with the postage and registry charges prepaid, and addressed to each member of [said] the council [of the city of North Las Vegas, Nevada,] at least three days prior to the time for such special meeting. The registry receipts showing that such notices have been sent by registered mail shall be conclusive evidence that such notice has been given as herein provided, and that such special meeting was held pursuant to notice duly, regularly, and legally given. Any proceedings had at any special meeting of [said board] the council wherein all of the members thereof shall be present shall be as legal and valid as if had at a regular meeting or at a special meeting upon due notice. A special meeting may be held by unanimous written consent at any time without the giving of the notice hereinabove provided for.
κ1963 Statutes of Nevada, Page 1222 (CHAPTER 447, AB 452)κ
hereinabove provided for. Any action of a majority of the city council, although not at a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the council, shall [always] be as valid and effective in all respects as if passed by the council in regular meeting. All official sessions of [said] the council, whether regular or called shall be open to the public.
Sec. 25. Section 23 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 404, is hereby amended to read as follows:
Section 23. City Council; Procedure; [Impeachment.] Forfeiture of Office. The city council shall determine its own rules of procedure in so far as the same do not conflict with this act. [, may punish its members for disorderly conduct, shall compel the attendance of its members, and with the concurrence of a majority of the members elected, may impeach and expel any member.] Any member of the city council who shall have been convicted of bribery or any other felony [, or who shall violate any other provisions of this act,] shall forfeit his office and emoluments attached thereto.
Sec. 26. Section 24 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 404, is hereby amended to read as follows:
Section 24. [Vice-President;] Mayor Pro Tempore; Election and Term of Office. At the first regular meeting of the city council after their induction into office, it shall be the duty of the council to elect one of its members by a majority vote of the council who shall be known and designated as [vice-president,] mayor pro tempore, and he shall continue to hold the title and the office until the expiration of the term of office for which he was elected by the councilmen; but he shall receive no extra pay by reason of being or acting as [vice-president.] mayor pro tempore.
Sec. 27. Section 25 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 405, is hereby amended to read as follows:
Section 25. [Vice-President;] Mayor Pro Tempore; Duties; Procedure in Absence of Mayor. If for any reason the mayor is absent from the city, sick or unable to perform the duties of his office, the [vice-president] mayor pro tempore shall act as mayor, and he shall be vested with all the powers and shall perform all the duties of the mayor during such absence or sickness. In case of the absence of both the mayor and the [vice-president,] mayor pro tempore, the remaining councilmen shall elect one of their number to act instead of the mayor or [vice-president.] mayor pro tempore.
Sec. 28. Section 26 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 405, is hereby amended to read as follows:
Section 26. [Vice-President;] Mayor Pro Tempore; Duties; Title; When to Serve as Mayor. In case of the death, resignation, or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the [vice-president] mayor pro tempore shall act as mayor and possess all the rights and the powers of the mayor and perform all of his duties under the official title, however, of [vice-president] mayor pro tempore and ex officio acting mayor, until the next municipal election.
κ1963 Statutes of Nevada, Page 1223 (CHAPTER 447, AB 452)κ
tempore shall act as mayor and possess all the rights and the powers of the mayor and perform all of his duties under the official title, however, of [vice-president] mayor pro tempore and ex officio acting mayor, until the next municipal election. The board shall, by appointment, fill the vacancy thus created in the office of councilman.
Sec. 29. Section 31 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 406, is hereby amended to read as follows:
Section 31. Municipal Court; Qualifications of Police Judge; Jurisdiction; Appeals. 1. The municipal court shall be presided over by a police judge. [, who shall be a citizen of the state and resident of the said city for not less than one year and who shall be qualified elector of said city.] The police judge shall be:
(a) Not less than 25 years of age.
(b) A citizen of the United States.
(c) A resident of the city for a continuous 2-year period immediately preceding his election.
(d) A registered voter for a continuous 2-year period immediately preceding his election.
(e) An owner of real property in the city for a 2-year period immediately preceding his election.
2. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for [justice] justices of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of [said] the city or of this act, or of a violation of a municipal nature, and the [said] court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of [said] the city and shall be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury.
3. The court shall have exclusive jurisdiction to try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter.
4. The practice and proceedings in [said] such court shall conform, as nearly as practicable, to the practice and proceedings of [the justice] justices courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of one day for every two dollars of such fine, or [said] the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets of [said] the city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
5. The [Said] court shall have jurisdiction of any action for: [the]
κ1963 Statutes of Nevada, Page 1224 (CHAPTER 447, AB 452)κ
(a) The collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars. [; also of actions to foreclose]
(b) The foreclosure of liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars. [; also of any action for the]
(c) The collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars. [; also for the]
(d) The breach of any bond given by any officer or person to or for the use or benefit of the city, and with any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city. [, and upon all appeal]
(e) Appeal bonds given on appeals from [said] the court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars. [; also for the]
(f) The recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars. [; provided, that nothing herein contained]
6. Nothing contained in this section shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by [justice] justices courts.
7. The [said] court shall have jurisdiction of offenses committed within the city, which [violates] violate the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of peace, [drunkeness,] drunkenness, intoxication, fighting, quarreling, dogfights, cockfights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or opprobrious conduct, and all offenses under ordinances of the city.
8. The [said] court shall be treated and considered as a [justice] justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of [said] the court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
9. The police judge shall keep a docket in which shall be entered all official business in like manner as in [justice] justices courts. He shall render monthly or oftener, as the councilmen may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.
κ1963 Statutes of Nevada, Page 1225 (CHAPTER 447, AB 452)κ
10. In all cases in which the police judge shall by reason of being a party, or related to either defendant [or plaintiff,] or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of [said] the county, on the written request of the mayor, or any member of the State Bar of Nevada who is a resident of Clark County who shall be nominated by the police judge and ratified by the council, may act in the place and stead of such police judge, and the councilmen shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace or person so serving, and deduct the sum so apportioned from the salary of such police judge.
11. Appeals to the district court may be taken from any final judgment of [said] the municipal court, in the same manner and with the same effect as in cases of appeal from [justice] justices courts in civil or criminal cases, as the case may be.
12. All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.
Sec. 30. Section 32 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 408, is hereby amended to read as follows:
Section 32. [Ordinances when first proposed shall be read aloud in full to the city council, and final] Enactment of Ordinances; Initiative and Referendum. 1. An ordinance may be introduced by any member of the city council at any regular or special meeting of the council. Upon introduction of any ordinance, the city clerk shall distribute a copy to each councilman, the mayor and the city manager, and shall file a reasonable number of copies in the office of the city clerk and in such other public places as the council may order. Final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose of content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole council, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
2. No ordinance passed by the board, unless it be an emergency measure, shall go into effect until thirty days after its passage. If at any time during [said] such thirty days a petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the council such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the council to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election.
κ1963 Statutes of Nevada, Page 1226 (CHAPTER 447, AB 452)κ
the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
3. Emergency measures shall be subject to referendum like other orders passed by the council, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.
4. Any proposed ordinance, resolution or amendment to this charter, may be submitted to the council by petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions, shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution, or amendment shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the [said] ordinance, resolution or amendment be submitted to a vote of the people, the council shall either (a) pass such ordinance without alteration at the next regular meeting, after the sufficiency of [said] the petition has been determined and certified to by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon any such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the ordinance.
Against the ordinance.
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a cross (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.
5. All ordinances shall be signed by the mayor and attested by the city clerk and shall be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in such city if there be one; otherwise, some newspaper published in the county and having a general circulation in such city, for a period of at least two weeks, and at least once a week during [said] such time, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary.
κ1963 Statutes of Nevada, Page 1227 (CHAPTER 447, AB 452)κ
the city clerk and shall be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in such city if there be one; otherwise, some newspaper published in the county and having a general circulation in such city, for a period of at least two weeks, and at least once a week during [said] such time, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and [said] the book or certified copy of the ordinances therein recorded, in the name of the city, shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the [said] city council, they shall be so received. All ordinances heretofore adopted or amended unless previously repealed, are hereby declared valid and in full force and effect.
Sec. 31. Section 43 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 427, is hereby amended to read as follows:
Section 43. [Duties of the Clerk. He shall countersign all contracts made in behalf of the city. The city clerk shall draw and countersign all orders in pursuance of any order of resolution of the council and keep a full and accurate account thereof in books provided for that purpose; and shall make to the council from time to time upon the order of the council, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the council as shall secure the payment of the principal and interest of such bonds; shall report annually on or before the first day of April, to the council, an estimate of the expenses of the city and the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times show the financial condition of the city, the amount of bonds, orders, certificates or other evidences of indebtedness issued by the council, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts of which have been disbursed under the direction of the council; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the council; and shall keep a record of all claims presented and the action of the council thereon; and shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested. He shall record in a journal all ordinances, bylaws, rules or resolutions passed or adopted by the council, which journal, after being read and approved at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk.
κ1963 Statutes of Nevada, Page 1228 (CHAPTER 447, AB 452)κ
meeting, shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any person or officer and shall charge such person or officer with the same. He shall countersign and certify all claims for the payment of money, executed by the mayor. All claims against the city shall be filed with the clerk, who shall report in writing upon the same and on all matters pertaining to his office, at each regular meeting of the council, or oftener if required. The city clerk shall be the official license collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes), and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer. All special taxes, whenever and wherever practicable, shall be collected by the city clerk. The time and manner of collection of special taxes, and collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the council, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue with bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business in such places or building, is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become and be part of the license and shall, with such license, be collected by the city clerk, and he shall perform such other duties as the council may provide by ordinance.] Duties of the City Clerk. The city clerk shall:
1. Supervise and coordinate administrative and responsible clerical work relating to the functions of the city council.
2. Attend all meetings of the city council.
3. Record votes of members of the city council.
4. Direct the transcription and keeping of minutes and official records of all council meetings.
5. Countersign official contracts, bonds and other official city documents.
6. Be the custodian of all official city records, including contract and agreement documents, resolutions, ordinances, official minute book and the corporate seal.
κ1963 Statutes of Nevada, Page 1229 (CHAPTER 447, AB 452)κ
and agreement documents, resolutions, ordinances, official minute book and the corporate seal.
7. Make arrangements for special or informal meetings other than the regular meetings of the council.
8. Supervise the operation and maintenance of a central file system for all departments of the city.
9. Supervise the recruitment of all election workers, the printing of ballots and tally of election returns.
10. Serve as custodian of official election records for all city elections.
11. Administer official oaths for the city.
Sec. 32. Section 44 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 350, Statutes of Nevada 1959, at page 525, is hereby amended to read as follows:
Section 44. [Statement of Finances. The city clerk shall prepare on or before the first Monday in September of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and expenditures for the fiscal year, ending June 30, showing:
1. The total receipts of the city, stating particularly the source of each portion of revenue.
2. The amount of cash on hand at the date of the last report.
3. The amount of sinking fund and how invested.
4. The number, date and amount of every bond issued, or redeemed, and the amount received or paid therefor.
5. The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
6. Each warrant issued, to whom and on what account.
7. The amount of cash in the city treasury and its several funds. He shall publish on or before the first Monday in September of each year, in some newspaper having general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to public inspection at all times.] Department of Finance; Qualifications, Duties, Bond of Director of Finance. 1. There may be a department of finance, the head of which shall be the director of finance. The department of finance may also include a city treasurer, a city auditor and such other qualified personnel as the city manager determines are necessary to handle the financial matters of the city properly.
2. The director of finance shall be the city manager, or he may, subject to ratification by the council, appoint a director of finance.
3. The director of finance shall:
(a) Have knowledge of municipal accounting and taxation.
(b) Have experience in budgeting and financial control.
(c) Have charge of the administration of the financial affairs of the city.
(d) If other than the city manager, provide a surety bond in the form required by this charter and in an amount fixed by the council.
κ1963 Statutes of Nevada, Page 1230 (CHAPTER 447, AB 452)κ
Sec. 33. Section 45 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 429, is hereby amended to read as follows:
Section 45. [City Treasurer. The city treasurer shall receive all money belonging to the city, including all taxes, licenses, and fines, and keep an accurate and detailed account thereof, in such manner as provided in this act, or as the council from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the city clerk as the board may direct, at the end of every month, and turn over all warrants, interest, coupons, bonds, or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipt of the city clerk therefor, and all such warrants, orders, or other evidence of indebtedness shall be cancelled by him, and have written or stamped thereon the date of their payment or redemption.] City Attorney. 1. There shall be a city attorney who shall:
(a) Be an active member of the State Bar of Nevada.
(b) Serve as chief legal officer to the council, the city manager and all city departments, offices and agencies.
(c) Represent the city in all legal proceedings.
(d) Perform any other duties prescribed by this charter or by ordinance.
2. The city attorney may be removed only by action of the city council.
Sec. 34. Section 46 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 429, is hereby amended to read as follows:
Section 46. [Further Duties of City Treasurer. He shall pay no money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon representation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.
The city treasurer shall receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out, only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness. The treasurer of Clark county shall pay over to the city treasurer all moneys that shall come to him as county treasurer by way of taxation or otherwise for and on behalf of the city at least once each month.
All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one of which shall be given to the city auditor immediately for the more perfect keeping of his accounts, and for the information to the council, and the other of said duplicate receipts shall be given to the officer or person for such money.
κ1963 Statutes of Nevada, Page 1231 (CHAPTER 447, AB 452)κ
of his accounts, and for the information to the council, and the other of said duplicate receipts shall be given to the officer or person for such money.
All such money shall be placed by the treasurer in a fund to be known as the city of North Las Vegas general fund; and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness.
On paying any warrant, the treasurer shall write or stamp across the face thereof, in red ink, the words Redeemed with the date of such redemption and sign his name thereto officially, and the warrant so cancelled shall be sufficient voucher for the treasurer as to the amount so paid, in his official settlements with the city, which shall take place annually on the fourth Monday in December of each year, or oftener as may be required by the council. The mayor, city clerk, or any member of the council may at any time examine the books and vouchers of the treasurer, concerning the state of the finances and moneys in the hands of the treasurer belonging to the city.
The city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient surety bond, to be in such sum as may be required by the council. The city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance.] City Manager; Appointment and Qualifications; Acting City Manager. 1. The council shall appoint a city manager for an indefinite term and fix his compensation. The city manager shall be appointed solely on the basis of his administrative qualifications. He need not be a resident of the city of North Las Vegas or the State of Nevada at the time of his appointment, but he may reside outside the city while in office only with the approval of the council.
2. By letter filed with the city clerk, the city manager shall designate, subject to the approval of the council, a qualified city administrative officer to exercise the powers and perform the duties of the city manager during his temporary absence or disability. The council may revoke such designation at any time.
Sec. 35. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section designated section 45.3, which new selection shall immediately follow section 45 of Chapter II and shall read as follows:
Section 45.3. Powers and Duties of City Manager. 1. The city manager shall be the chief administrative officer of the city. He shall be responsible to the council for the administration of all city affairs placed in his charge by or under this charter.
2. The city manager shall:
(a) Except as otherwise provided by law, this charter or personnel rules adopted pursuant to this charter, appoint, and when he deems it necessary for the good of the service, suspend all city employees and appointed administrative officers provided for by this charter.
κ1963 Statutes of Nevada, Page 1232 (CHAPTER 447, AB 452)κ
appointed administrative officers provided for by this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise the powers enumerated in this paragraph with respect to subordinates in that officers department, office or agency.
(b) Direct and supervise the administration of all departments, offices and agencies of the city, except:
(1) As otherwise provided by law; and
(2) For any department, office or agency whose head is not appointed by the city manager.
(c) Attend all council meetings and shall have the right to take part in all discussions but may not vote.
(d) See that all laws, provisions of this charter and acts of the council subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed.
(e) Prepare and submit the annual budget and capital program to the council.
(f) Submit to the council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.
(g) Make such other reports as the council may require concerning the operations of city departments, offices and agencies subject to his direction and supervision.
(h) Keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as he deems desirable.
(i) Perform such other duties as are specified in this charter or which may be required by the council.
Sec. 36. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section designated section 45.5, which new section shall immediately follow section 45.3 of Chapter II and shall read as follows:
Section 45.5. Removal of City Manager. 1. The council may remove the city manager from office in accordance with the procedure contained in this section.
2. The council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which shall state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager.
3. Within 5 days after a copy of the resolution is delivered to the city manager, he may file with the council a written request for a public hearing. The public hearing shall be held at a council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the council a written reply not later than 5 days before the hearing.
4. The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after 5 days from the date when a copy of the preliminary resolution was delivered to the city manager, if he has not requested a public hearing, or at any time after the public hearing if he has requested one.
κ1963 Statutes of Nevada, Page 1233 (CHAPTER 447, AB 452)κ
he has not requested a public hearing, or at any time after the public hearing if he has requested one.
5. The city manager shall continue to receive his salary until the effective date of the final resolution of removal. The action of the council in suspending or removing the city manager shall not be subject to review by any agency or court.
Sec. 37. Section 48 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 430, is hereby amended to read as follows:
Section 48. Receipts for Payments. The director of finance or city treasurer shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt [with the city clerk,] as the council may direct, at the date of his monthly report.
Sec. 38. Section 49 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 430, is hereby amended to read as follows:
Section 49. City Moneys Kept Intact. The director of finance or city treasurer shall keep all moneys belonging to the city separate and distinct from his own money.
Sec. 39. Section 50 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 430, is hereby amended to read as follows:
Section 50. Report of Director of Finance or City Treasurer. The director of finance or city treasurer shall report to the council at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, and describing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. [And all] All such warrants shall be examined by the council at the time of receiving such report.
Sec. 40. Section 51 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 430, is hereby amended to read as follows:
Section 51. Special Funds. All moneys received from any special assessments shall be held by the director of finance or treasurer as a special fund, to be applied to payment for the improvement for which the assessment was made, and [said] such money shall be used for no other purpose whatever.
Sec. 41. Section 80 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 438, is hereby amended to read as follows:
Section 80. All publications herein provided for shall be made in a newspaper of general circulation [published] in the city. [; provided, however, the] The cost of publication shall not exceed the usual legal rates.
κ1963 Statutes of Nevada, Page 1234 (CHAPTER 447, AB 452)κ
Sec. 42. Section 80.1 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 296, Statutes of Nevada 1957, at page 469, is hereby amended to read as follows:
Section 80.1. Civil Service. 1. There is hereby created a department of civil service of the city of North Las Vegas, applicable to and governing all employees of the city except department heads, the city clerk, the city attorney, any city manager, and any elected officer.
2. The department of civil service shall be under the control and management of a board of five trustees appointed by [the mayor, subject to ratification by] the city council. The board of trustees shall be known and designated as the board of civil service trustees.
3. The board of civil service trustees shall keep a record of its proceedings and transactions, and shall provide and prepare rules and regulations for the administration of such civil service and shall recommend the same for adoption by the city council. The rules and regulations may be adopted and published in the form of an ordinance and in the manner prescribed by law. The rules and regulations adopted shall be published in booklet form and a copy made available to each employee whose employment is subject thereto. The rules and regulations may be amended in the same manner as ordinances are amended, but any subsequent amendments to the rules and regulations, if the same do not originate with the board, shall be referred to the board of civil service trustees, and a hearing held thereon by the board prior to adoption by the city council. All rules and regulations adopted shall be consistent with the provisions of this act.
4. Such rules and regulations shall provide for the following matters in addition to such others as may be necessary and proper in carrying out the intent and purposes of this act:
(a) The classification of all persons employed by the city of North Las Vegas, except department heads, the city clerk, the city attorney, any city manager, and any elected officer.
(b) The selection, employment, advancement, suspension, demotion and discharge of all such employees.
(c) The holding of free, open competitive examinations, and the administering of other suitable tests to test fairly the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed.
(d) The public advertising of all entrance examinations.
(e) A period of probation of 6 months before an appointment or promotion is made complete, during which period a probationer may be discharged [with the consent of the board of civil service trustees] if it is an appointment probation, or reduced if a promotion probation by the appointing power without the right of appeal if, during the performance test, the appointing power deems him unfit for satisfactory service.
5. A record of all examinations and appointments shall be kept by the [city clerk] personnel director or city manager from the list of those persons who have taken examinations for such positions, and such appointment must be made from the three persons holding the highest ratings on such list.
κ1963 Statutes of Nevada, Page 1235 (CHAPTER 447, AB 452)κ
6. No police officer shall be appointed if he has a previous record of brutality or excessive use of force while engaged in the functions of a peace officer, which brutality or excessive use of force resulted in his discharge or termination from previous employment.
7. No person in the civil service shall be removed from or discharged from his position except for cause, which shall be stated in writing to the board of civil service trustees by the appointment power, and a copy of such statement shall be served upon the person to be so removed or discharged. At any time within 15 days after the filing with the board of civil service trustees of such statement, the board may on its own motion, and must on application of the discharged employee, inquire into such removal or discharge. If in its judgment such removal or discharge was without justification and the employee removed or discharged is a fit and competent person to retain his position, he shall be reinstated and restored and shall be entitled to receive compensation during the period of his suspension and pending such hearing and reinstatement.
8. In any such hearing conducted by the board of civil service trustees, the board shall have the power to examine witnesses under oath, compel their attendance and the production of evidence before it by subpenas issued in the name of the state and attested by the city clerk.
9. To the end that no undue hardships may be worked upon any officer or employee of the city who shall have attained a certain grade, rank or position as a result of continuous service, all officers and employees who have been in the employ of the city for more than 6 months immediately prior to the passage and approval of this amendatory act shall be credited by the board of civil service trustees with a qualified mark, both mental and physical, and entrance to the civil service of the city, and to the position, grade or rank held by such officers and employees at the time of the enactment of this amendatory act.
10. Any duly appointed trustee holding office at the time of enactment of this amendatory act shall continue in his position for the term for which he has been appointed unless earlier removed for cause.
11. The city council may by ordinance adopt such further rules and regulations not in conflict with this section as may be necessary for the complete and efficient operation of the civil service department of the city.
Sec. 43. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new chapter designated Chapter III, which shall immediately follow section 81 of Chapter II and shall read as follows:
Chapter III
Local Improvements
Section 1. Legislative Declaration. It is hereby declared as a matter of legislative determination:
1. That providing for the city of North Las Vegas to which this chapter appertains the purposes, powers, duties, rights, disabilities, privileges, liabilities and immunities herein provided will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada.
κ1963 Statutes of Nevada, Page 1236 (CHAPTER 447, AB 452)κ
public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada.
2. That the acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public welfare, and constitutes a part of the established and permanent policy of the State of Nevada.
3. That the necessity for this chapter is a result of the large population growth and intense residential, commercial and industrial development in the city and of the ensuing need for extensive local improvements therein.
4. That the legislature recognizes the duty of the city of North Las Vegas as an instrument of state government to meet adequately the needs for such facilities within its boundaries.
5. That for the accomplishment of these purposes, the provisions of this chapter shall be broadly construed, and the rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.
6. That the notices herein provided are reasonably calculated to inform each interested person of his legally protected rights.
7. That the rights and privileges herein granted and the duties, disabilities and liabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.
Section 2. Decision of City Council Final. The action and decision of the city council as to all matters passed upon by it in relation to any action, matter or thing provided herein shall be final and conclusive in the absence of fraud.
Section 3. Definitions. Except where the context otherwise requires, the definitions in sections 4 to 49, inclusive, govern the construction of this Chapter III of the charter.
Section 4. Acquisition, Acquire Defined. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, any public body or person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
Section 5. Assessable Property Defined. Assessable property means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the city by the levy of assessments, except any tract owned by the Federal Government, the city or any other public body, in the absence of its consent to the assessment of any tract so owned, and except any street or other public right-of-way.
Section 6. Assessment, Assess Defined. Assessment or assess means a special assessment, or the levy thereof, against any tract specially benefited by any project, to defray wholly or in part the cost of the project, which assessment shall be made on a front foot, zone, area or other equitable basis, as may be determined by the city council, but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed or its reasonable market value, as determined by the city council, as provided in section 70 hereof.
κ1963 Statutes of Nevada, Page 1237 (CHAPTER 447, AB 452)κ
the city council, but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed or its reasonable market value, as determined by the city council, as provided in section 70 hereof.
Section 7. Assessment Lien Defined. Assessment lien means a lien on a tract created by ordinance of the city to secure the payment of an assessment levied against that tract, as provided in section 82 hereof.
Section 8. Assessment Unit Defined. Assessment unit means a unit or quasi-improvement district designated by the city council for the purpose of petition, remonstrance and assessment, in the case of a combination of projects pursuant to section 56 hereof.
Section 9. Atomic Shelter Project Defined. Atomic shelter project means any shelter acquired or improved, and equipped, for the purpose of providing protection to persons or property, or both, from blast, fire, radioactive fall-out and any other destructive force, and all appurtenances and incidentals necessary, useful or desirable for any such shelter (or any combination thereof) resulting from atomic bombs, atomic missiles of any kind, and any other military force, including real and other property therefor.
Section 10. Clerk Defined. Clerk means the city clerk upon whom is delegated by law general responsibility for the maintenance of the records of the city.
Section 11. Condemnation, Condemn Defined. Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any facilities, other property, project, or an interest therein, herein authorized. The city may exercise in the state the power of eminent domain, either within or without the city, and, in the manner provided by law for the condemnation of private property for public use, may take any property necessary to carry out any of the objects or purposes hereof, whether such property be already devoted to the same use by any corporate district or other public body, or otherwise, and may condemn any existing works or facilities in the city now or hereafter used. The power of eminent domain vested in the city council shall include the power to condemn, in the name of the city, either the fee simple or any lesser estate or interest in any real property which the city council by resolution shall determine is necessary for carrying out the purposes hereof. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.
Section 12. Cost, Cost of Project Defined. Cost or cost of the project, or words of similar import, means all or any part designated by the city council of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the city council may include all or any part of the incidental costs pertaining to the project, including without limiting the generality of the foregoing, preliminary expenses advanced by the city from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the city council.
κ1963 Statutes of Nevada, Page 1238 (CHAPTER 447, AB 452)κ
attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the city council.
Section 13. County Defined. County means Clark County, Nevada.
Section 14. County Assessor Defined. County assessor means the county assessor of Clark County, Nevada.
Section 15. County Treasurer Defined. County treasurer means the county treasurer of Clark County, Nevada.
Section 16. Curb and Gutter Project Defined. Curb and gutter project means any curbs and gutters acquired or improved and appertaining to sidewalks or streets, or both, and all appurtenances and incidentals, including real and other property therefor.
Section 17. Drainage Project Defined. Drainage project means any natural and artificial watercourses, wells, ditches, lakes, reservoirs, revetments, canals, levees, dikes, walls, embankments, bridges, sewers, culverts, syphons, sluices, flumes, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, flood warning service and appurtenant telephone, telegraph, radio and television service, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.
Section 18. Engineer Defined. Engineer means the city engineer or any competent engineer or firm of engineers employed by the city in connection with any facility, property, project or power herein authorized.
Section 19. Equipment, Equip Defined. Equipment or equip means the furnishing of all necessary or desirable, related or appurtenant facilities, or any combination thereof, appertaining to any facilities, property, project, or interest therein, herein authorized.
Section 20. Federal Government Defined. Federal Government means the United States of America, or any agency, instrumentality or corporation thereof.
Section 21. Fire Protection Project Defined. Fire protection project means real property, facilities and equipment for protection against fire, including without limitation hydrants, fire-fighting equipment and apparatus, firehouses and buildings, alarms, warning devices and services, and all appurtenances and incidentals necessary, useful or desirable for such facilities (or any combination thereof).
Section 22. Hereby, Herein, Hereunder Defined. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto, and hereunder refer to Chapter III of this charter and not solely to the particular portion thereof in which such word is used.
Section 23. Improvement, Improve Defined. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
κ1963 Statutes of Nevada, Page 1239 (CHAPTER 447, AB 452)κ
or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
Section 24. Improvement District Defined. Improvement district means the geographical area within the city designated and delineated by the city council, in which improvement district is located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and is located each tract to be assessed therefor. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the city.
Section 25. Mailed Notice, Notice by Mail Defined. Mailed notice or notice by mail means the giving by the engineer, clerk, or any deputy thereof, as determined by the city council, of any designated written or printed notice addressed to the last-known owner or owners of each tract being assessed or other designated person at his or their last-known address or addresses by deposit, at least 10 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first-class mail. In the absence of fraud the failure to mail any such notice shall not invalidate any assessment nor any other proceedings hereunder. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the clerk or the engineer deems reliable. Any list of such names and addresses appertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently that at 12-month intervals. Any mailing of any notice herein required shall be verified by the affidavit or certificate of the engineer, clerk, the deputy, or other person mailing the notice, which verification shall be retained in the records of the city at least until all assessments and bonds appertaining thereto have been paid in full, or any claim is barred by a statute of limitations.
Section 26. Member Defined. Member means a councilman or the mayor.
Section 27. Offstreet Parking Project Defined. Offstreet parking project means parking facilities for the parking of motor vehicles off the public streets, including graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators, traffic control equipment, and all appurtenances and incidentals necessary, useful or desirable for offstreet parking facilities (or any combination thereof), including real and other property therefor.
Section 28. Overpass Project Defined. Overpass project means any bridge, viaduct, or other structure or facilities for the transportation of pedestrians, motor and other vehicles and utility lines, over any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such overpass (or any combination thereof), including real and other property therefor.
κ1963 Statutes of Nevada, Page 1240 (CHAPTER 447, AB 452)κ
artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such overpass (or any combination thereof), including real and other property therefor.
Section 29. Park Project Defined. Park project means real property, facilities and equipment for parks, including without limitation graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouse, tennis courts, swimming pools, bathhouses, horseshoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities, and all appurtenances and incidentals necessary, useful or desirable for any such park property, facilities and equipment.
Section 30. Person Defined. Person means any human being, association, partnership, firm or corporation, excluding any public body and the Federal Government.
Section 31. Posting Defined. Posting means posting in three public places at or near the site of the project designated at least 10 days prior to the designated hearing or other time or event.
Section 32. Project Defined. Project means any structure, facility, undertaking or system which the city is herein authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property.
Section 33. Property Defined. Property means real property and personal property.
Section 34. Public Body Defined. Public body means the State of Nevada, or any agency, instrumentality, or corporation thereof, or any unincorporated town, incorporated city, county, school district, other type district, or any other subdivision of the state, excluding the Federal Government.
Section 35. Publication, Publish Defined. Publication or publish means publication in at least two newspapers of which one newspaper shall be of general circulation in the city and published at least once a week and another newspaper which shall be of general circulation in the county and published daily. Except as herein otherwise expressly provided or necessarily implied, publication or publish also means publication for at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication being at least 15 days prior to the designated time or event. Unless otherwise so stated, it shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first publication and the last publication. Any publication herein required shall be verified by the affidavit of the publisher and filed with the clerk.
Section 36. Real Property Defined. Real property means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
κ1963 Statutes of Nevada, Page 1241 (CHAPTER 447, AB 452)κ
in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
Section 37. Sanitary Sewer Project Defined. Sanitary sewer project means facilities appertaining to the city sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil, and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes, and transmission lines, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof), including real and other property therefor.
Section 38. Sidewalk Project Defined. Sidewalk project means any sidewalk, including without limitation graded, regraded, graveled, surfaced, macadamized and paved pedestrian rights-of-way, artificial lights and lighting equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Section 39. State Defined. State means the State of Nevada, or any agency, instrumentality or corporation thereof.
Section 40. Storm Sewer Project Defined. Storm sewer project means facilities appertaining to the city storm sewer system for the collection, interception, transportation and disposal of rainfall and other storm waters, including without limitation inlets, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, canals, pipes, transmission lines, natural and artificial watercourses, wells, ditches, reservoirs, revetments, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation and disposal of rainfall and other storm waters (or any combination thereof), including real and other property therefor.
Section 41. Street Defined. Street means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, but excluding a sidewalk designed primarily for use by pedestrians.
Section 42. Street Project Defined. Street project means any street, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, driveway approaches, curb cuts, curbs, gutters, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, street name signs, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
κ1963 Statutes of Nevada, Page 1242 (CHAPTER 447, AB 452)κ
street name signs, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Section 43. Taxes Defined. Taxes means general (ad valorem) taxes pertaining to any project herein authorized.
Section 44. Tract Defined. Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description.
Section 45. Treasurer Defined. Treasurer means the director of finance or the city treasurer upon whom is delegated by law general responsibility for the maintenance of the moneys and other funds of the city.
Section 46. Underpass Project Defined. Underpass project means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such underpass (or any combination thereof), including real and other property therefor.
Section 47. Water Project Defined. Water project means facilities appertaining to the city water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, other raw water sources, basin cribs, dams, reservoirs, towers, other storage facilities, pumping plants and stations, filter plant, purification system, water treatment facilities, powerplant, waterworks plant, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, ditches, water transmission and distribution mains, pipes, lines, laterals, and service pipes, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the acquisition, transportation, treatment, purification and distribution of potable water or untreated water for domestic, commercial and industrial use and irrigation (or any combination thereof), including real and other property therefor.
Section 48. Computation of Time. For the purpose of computing any period of time prescribed herein, including but not limited to publications, the day of the first publication, other act or designated time shall be excluded, and the day of the last publication, other act or designated time shall be included.
Section 49. Rules of Construction. Whenever such construction is applicable, words used herein importing singular or plural number may be construed so that one number includes both; and words importing masculine gender shall be construed to apply to the feminine gender as well; but these rules of construction shall not apply to any part hereof containing express provisions excluding such construction or where the subject matter or context is repugnant thereto.
κ1963 Statutes of Nevada, Page 1243 (CHAPTER 447, AB 452)κ
any part hereof containing express provisions excluding such construction or where the subject matter or context is repugnant thereto.
Section 50. General Powers of City. The city council, upon behalf of the city and in its name, without any election, shall have power from time to time to acquire, improve, equip, operate and maintain, within or without the city, or both within and without the city:
1. An atomic shelter project;
2. A curb and gutter project;
3. A drainage project;
4. A fire protection project;
5. An offstreet parking project;
6. An overpass project;
7. A park project;
8. A sanitary sewer project;
9. A sidewalk project;
10. A storm sewer project;
11. A street project;
12. An underpass project; and
13. A water project.
Section 51. Collateral Powers. The city council, upon behalf of the city and in its name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, any project herein authorized, or any portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund, or otherwise, shall have power hereunder:
1. To levy assessments against assessable property within the city and to cause the assessments so levied to be collected.
2. To levy from time to time and cause to be collected taxes against all taxable property within the city, without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the constitution of the State of Nevada, to pay the principal of and interest on bonds to the extent assessments are insufficient therefor.
3. To pledge the proceeds of any assessments and taxes levied hereunder to the payment of special assessment bonds and to create liens on such proceeds to secure such payments.
4. To issue special assessment bonds as herein provided.
5. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the citys covenants or duties or in order to secure the payment of its bonds, provided no encumbrance, mortgage or other pledge of property (excluding any money) of the city is created thereby, and provided no property (excluding money) of the city is liable to be forfeited or taken in payment of such bonds.
Section 52. Initiating Procedure. The procedure for acquiring or improving or acquiring and improving any project can be initiated in one of the following ways:
1. Provisional order method; or
2. Petition method.
Section 53. Provisional Order Method. 1. Whenever the city council shall be of the opinion that the interest of the city requires any project, the city council, by resolution, shall direct the engineer to prepare:
κ1963 Statutes of Nevada, Page 1244 (CHAPTER 447, AB 452)κ
council shall be of the opinion that the interest of the city requires any project, the city council, by resolution, shall direct the engineer to prepare:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
(3) A preliminary estimate of the cost of the project, including incidental costs.
(b) An assessment plat showing:
(1) The area to be assessed.
(2) The amount of maximum benefits estimated to be assessed against each tract in the assessment area.
2. The resolution may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as to such engineer may seem most desirable for the improvement complete in place.
3. The resolution shall describe the project in general terms.
4. The resolution shall state:
(a) What part or portion of the expense thereof is of special benefit and therefore shall be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with moneys derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. In case the assessment is not to be made according to front feet, the resolution shall:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. In case the assessment is to be upon the abutting property upon a frontage basis, it shall be sufficient for the resolution so to state and to define the location of the project to be made.
7. It shall not be necessary in any case to describe minutely in the resolution each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. The engineer shall forthwith prepare and file with the clerk:
(a) The preliminary plans; and
(b) The assessment plat.
9. Upon the filing of the plans and plat, the city council shall examine the same; and if the plans and plat be found to be satisfactory, the city council shall make a provisional order by resolution to the effect that such project shall be acquired or improved, or both acquired and improved.
Section 54. Petition Method. Whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the city council is authorized to initiate, subject to the following limitations:
κ1963 Statutes of Nevada, Page 1245 (CHAPTER 447, AB 452)κ
any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the city council is authorized to initiate, subject to the following limitations:
1. The city council may incorporate such project in any improvement district or districts.
2. The city council need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to section 58 hereof, and all provisions thereof thereunto enabling, if the city council shall determine that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.
3. Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the city council shall determine that such is not for the public interest.
4. The city council need not take any proceedings or action upon receiving any such petition, if the city council shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the city council probably to be sufficient to defray the expenses and costs incurred by the city taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the city of a notice of the resolutions adoption and of its content in summary form. An additional deposit or pledge may from time to time be similarly so required as a condition precedent to the continuation of action by the city. Whenever such deposit or pledge is so made and thereafter the city council shall determine that such acquisition is not feasible within the reasonable period of time, the city council may require that all or any portion of the costs theretofore incurred in connection therewith by the city after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
Section 55. Subsequent Procedure. Upon the filing of such a petition, the city council shall proceed in the same manner as is provided for hereby where proceedings are initiated by the city council, except as otherwise expressly provided or necessarily implied in section 54 hereof.
Section 56. Combination of Projects. 1. More than one project may be combined in one improvement district when the city council determines such projects may be combined together in an efficient and economical improvement district.
κ1963 Statutes of Nevada, Page 1246 (CHAPTER 447, AB 452)κ
2. If in the combination of projects, they shall be separate and distinct by reason of substantial difference in their character or location, or otherwise, each such project shall be considered as a unit or quasi-improvement district for the purpose of petition, remonstrance and assessment.
3. In case of such combination, the city council shall designate the project and area constituting each such unit, and in the absence of an arbitrary and unreasonable abuse of discretion, its determination that there is or is not such a combination and its determination of the project and area constituting each such unit shall be final and conclusive.
4. The costs of acquiring or improving each such project shall be segregated for the levy of assessments and an equitable share of the incidental costs shall be allocated to each such unit.
Section 57. Effect of Estimates. 1. Any estimate of cost required or authorized herein shall not constitute a limitation upon such cost nor a limitation upon the rights and powers of the city council or of any officers, agents or employees of the city, except as herein otherwise expressly stated.
2. No assessment, however, shall exceed the amount of the estimate of maximum special benefits to the tract assessed from any project.
Section 58. Provisional Order Hearing and Notice Thereof. 1. In the provisional order the city council shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the city council and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered, as to:
(a) The estimated cost thereof.
(b) The estimated amount thereof to be assessed against each tract in the improvement district.
2. Notice shall be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication shall be by affidavit of the publisher.
4. Proof of mailing and proof of posting shall be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting shall be maintained in the records of the city until all the assessments appertaining thereto shall have been paid in full, principal, interest, any penalties, and any collection costs.
6. The notice shall describe:
(a) The kind of project or projects proposed (without mentioning minor details or incidentals).
(b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.
κ1963 Statutes of Nevada, Page 1247 (CHAPTER 447, AB 452)κ
(c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed (by boundaries or other brief description).
(g) The time and place when and where the city council will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.
(h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.
(i) The fact, in general terms, that unless there be no substantial change, a substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.
7. The notice shall also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
(b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the city council shall be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein shall not be acquired or improved.
8. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the city council at any time prior to the passage of the ordinance adopted pursuant to section 62 hereof, creating the improvement district, and authorizing the project.
9. No substantial change in the improvement district, details, preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
κ1963 Statutes of Nevada, Page 1248 (CHAPTER 447, AB 452)κ
10. The engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.
Section 59. Provisional Order Hearing. 1. On the date and at the place fixed for such hearing any and all property owners interested in such project may, by written complaints, protest or objections, present their views in respect to the proposed projects to the city council, or present them orally, and the city council may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and duly considered, and after all persons desiring to be heard in person have been heard, the city council shall consider the arguments, if any, and any other relevant material put forth.
3. Thereafter, if the city council shall determine that it is not for the public interest that the proposed project, or a part thereof, be made, the city council shall make an order by resolution to that effect, and thereupon the proceeding for the project, or the part thereof, determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner herein specified.
Section 60. Appealing Adverse Order. Any person filing a written complaint, protest or objection as provided in section 59 hereof, shall have the right, within 30 days after the city council has finally passed on such complaint, protest or objection by resolution as provided in subsection 3 of section 59 hereof, or by ordinance as provided in subsection 1 of section 62 hereof, to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits shall be perpetually barred.
Section 61. Post-hearing Procedure. 1. After the hearing, after the city council has disposed of all complaints, protests and objections, verbal and in writing, and after the city council has determined that there were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as stated in the provisional order, of the tracts to be assessed in the improvement district or in the assessment unit, if any, and the city council has jurisdiction to proceed, the city council shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as herein otherwise provided.
2. If the city council desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the city council:
(a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs, which revised estimate shall not constitute a limitation for any purpose.
κ1963 Statutes of Nevada, Page 1249 (CHAPTER 447, AB 452)κ
without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs, which revised estimate shall not constitute a limitation for any purpose.
(b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.
(c) A revised map and assessment plat showing, respectively, the location of each project and the tracts to be assessed therefor, not including any area or project not before the city council at a provisional order hearing.
3. That resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments.
4. Nothing, however, herein contained shall be construed as not requiring the segregation of costs of unrelated projects for assessment purposes as herein provided.
Section 62. Creation of District. 1. When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the city council, it shall, by ordinance, create the district and order the proposed project or projects to be acquired or improved.
2. The ordinance shall prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind and location of each project proposed (without mentioning minor details).
(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.
(d) The character and extent of any construction units.
3. The engineer may further revise such cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended prior to letting any construction contract therefor and prior to any work being done other than by independent contract let by the city.
4. The ordinance, as amended, if amended, shall order the work to be done as hereinafter provided.
Section 63. Methods of Acquisition or Improvement. 1. Any construction work for any project shall be done in any one or more of the following three ways:
(a) By independent contract.
(b) By use of city-owned or leased equipment and city officers, agents and employees.
(c) By another public body or the Federal Government acquiring or improving a project or any interest therein which is herein authorized, which results in general benefits to the city and in special benefits to the assessable property being assessed therefor by the city within its boundaries.
κ1963 Statutes of Nevada, Page 1250 (CHAPTER 447, AB 452)κ
or improving a project or any interest therein which is herein authorized, which results in general benefits to the city and in special benefits to the assessable property being assessed therefor by the city within its boundaries.
2. Any project or any interest therein not involving construction work appertaining to a capital improvement may be acquired or improved pursuant to any appropriate contract, or otherwise, including, without limiting the generality of the foregoing, the condemnation or other acquisition of real property. In such case nothing herein in subsection 1 of this section 63 nor in sections 64 to 66, inclusive, hereof shall be applicable.
3. Notwithstanding a project herein authorized or any interest therein may not be owned by the city nor be directly acquired or improved, nor the costs thereof directly incurred, by the city, and notwithstanding the project herein authorized or any interest therein may be located on land, an easement or other interest therein, or other real property owned by the Federal Government or a public body other than the city, the city shall have the power:
(a) To acquire or improve, or both acquire and improve, or to cooperate in the acquisition or improvement of, or both the acquisition and improvement of, the project, or any interest therein, with the Federal Government or any public body (other than the city), pursuant to agreement between or among the city and such other bodies corporate and politic, so long as the project or the interest therein acquired or improved, or both acquired and improved, results in general benefits to the city and in special benefits to the assessable property being assessed therefor by the city within its boundaries.
(b) To levy special assessments on such assessable property to defray all or any part of the costs of the project or any interest therein, or to defray all or any part of the citys share of such costs if all costs are not being defrayed by the city.
(c) To issue bonds and to exercise other powers herein granted and appertaining to such acquisition or improvement, or both.
Section 64. Construction Contracts. 1. No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded, nor shall the city council incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the provisional order hearing and notice thereof provided for herein have been given and had.
2. Nothing contained in this section shall be construed as preventing the city council from advertising by publication for proposals for doing the work whenever the city council sees fit, but the contract shall not be made or awarded before the time stated in subsection 1.
3. In the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the city shall request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
4. The city may contract only with the responsible bidder submitting the lowest and best bid upon proper terms.
κ1963 Statutes of Nevada, Page 1251 (CHAPTER 447, AB 452)κ
5. The city shall have the right to reject any and all bids and to waive any irregularity in any bid.
6. Any contract may be let on a lump sum or on a unit basis.
7. No contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the city council and in an amount fixed by it for the faithful performance of the contract.
8. Upon default in the performance of any contract, any designated official, as directed by motion of the city council, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
9. All contracts shall provide among other things that the person entering into the contract with the city will pay for all materials furnished and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein.
10. If any contract or agreement shall be made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the city.
11. To the extent the city makes any payment thereunder, such contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the city elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
12. The city council, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the city council to be advantageous to the city and to all interested.
Section 65. Construction by City. 1. In the case of construction work done by the use of city-owned or leased equipment and city officers, agents and employees for any project, or portion thereof, in any improvement district, supplies and materials may be purchased or otherwise acquired therefor.
2. All supplies and materials purchased by the city for any improvement district costing $500 or more shall be purchased only after the city has given notice by publication therefor.
3. The city shall accept the lowest bid, kind, quality and material being equal, but the city shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid.
4. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Section 66. Cooperative Construction. 1. In the case of construction work done by agreement with one or more public bodies or the Federal Government, or both, for any project, or portion thereof, in any improvement district, the city may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the city may deem desirable or as may be requested by the Federal Government or any public body other than the city which other public body is a party to any such contract with the city, that may assist in the financing of any project or any part thereof, regardless of whether the city is a party to any construction contract or other contract appertaining to incurring costs of the project.
κ1963 Statutes of Nevada, Page 1252 (CHAPTER 447, AB 452)κ
Federal Government, or both, for any project, or portion thereof, in any improvement district, the city may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the city may deem desirable or as may be requested by the Federal Government or any public body other than the city which other public body is a party to any such contract with the city, that may assist in the financing of any project or any part thereof, regardless of whether the city is a party to any construction contract or other contract appertaining to incurring costs of the project.
2. Any project or projects, any portion of the cost of which may be defrayed by the city by the levy of special assessments hereunder, may be acquired with the cooperation and assistance of, or under a contract or contracts let by, or with labor, or supplies and materials, or all of such furnished by, any one or more such public bodies or the Federal Government, or both.
3. Advantage may be taken of any offer from any source to complete any project or projects on a division of expense or responsibility.
4. The engineer on behalf of and in the name of the city is authorized to acquire or improve any such project or projects in such a manner, when so authorized by the ordinance creating the improvement district or any amendment thereto.
Section 67. Use of Existing Improvements. After the provisional order hearing and at the time of the passage of the ordinance creating any improvement district and any projects for the improvement district, or any amendment thereof, if any tract or any railway company to be assessed in the improvement district has the whole or any part of the proposed projects, conforming to the general plan, the same may be adopted in whole or in part, or may be changed to conform to the general plan, if deemed practical, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adapting or adopting such existing improvements.
Section 68. Interim Warrants. 1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the city council may issue interim warrants.
2. Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.
3. Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding 7 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the city council may determine.
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the city council pledges the full faith and credit of the city, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council by ordinance.
κ1963 Statutes of Nevada, Page 1253 (CHAPTER 447, AB 452)κ
the payment of which the city council pledges the full faith and credit of the city, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council by ordinance.
Section 69. Order for Proposed Assessment Roll and Form Thereof. 1. After the making of any construction contract, or after the determination of the net cost to the city, but not necessarily after the completion of the project, the city council, by resolution, shall:
(a) Determine the cost of the project to be paid by the assessable property in the improvement district.
(b) Order the engineer to make out an assessment roll containing, among other things:
(1) The name of each last-known owner of each tract to be assessed, or if not known, that the name is unknown.
(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.
(c) Cause a copy of the resolution to be furnished by the clerk to the engineer.
2. In fixing the amount or sum of money that may be required to pay the costs of the project, the city council need not necessarily be governed by the estimates of the costs of such project provided for herein, but the city council may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such project.
3. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the same is assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.
Section 70. Method of Computing and Limitations Upon Assessments. 1. If the assessment is made upon the basis of frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the engineer.
2. If the assessment is directed to be according to another basis, the engineer shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the estimated benefit according to such basis.
3. Regardless of the basis used, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
κ1963 Statutes of Nevada, Page 1254 (CHAPTER 447, AB 452)κ
4. No assessment shall exceed the amount of the estimate of maximum special benefits to the tract assessed, as provided in subsection 2 of section 57 hereof.
5. No assessment for any one project shall exceed the reasonable market value of the tract assessed, as determined by the city council.
6. Any amount which would be assessed against any tract in the absence of both limitations provided in subsections 4 and 5 of this section 70 shall be defrayed by other than the levy of assessments.
Section 71. Determination of Assessable Tracts. The city council shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied; and as often as the city council deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the clerk to the engineer for assessment.
Section 72. Preparation of Proposed Roll. 1. Upon receiving the copy of the resolution mentioned in section 69 hereof, the engineer shall make an assessment roll and state a proposed assessment therein upon each tract so reported to him, and he shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the city council.
2. When any assessment is reported by the engineer to the city council, as directed in this section, the same shall be filed in the office of the clerk and numbered.
3. Such report shall be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:
(Form of Certificate)
|
State of Nevada
County of Clark |
} |
ss. |
To the City Council of the City of North Las Vegas, Clark County, Nevada:
I hereby certify and report that the foregoing is the assessment roll and assessments made by me pursuant to your resolution adopted (give date), for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for ............... Improvement District No. ..........; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in your resolution hereinbefore referred to.
...................................................
Engineer
Dated ........................................, Nevada, ............................................, 19..............
Section 73. Notice of Assessment Hearing. 1. Upon receiving the assessment roll, the city council, by resolution, shall:
(a) Fix a time and place when and where complaints, protests and objections that may be made in writing or verbally concerning the same, by the owner of any tract or any person interested, may be heard.
κ1963 Statutes of Nevada, Page 1255 (CHAPTER 447, AB 452)κ
(b) Order the clerk to give notice of the hearing.
2. The clerk shall give notice by publication and by mail of the time and place of such hearing, which notice shall also state:
(a) That the assessment roll is on file in his office.
(b) The date of filing the same.
(c) The time and place when and where the city council will hear all complaints, protests and objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the parties thereby aggrieved.
(d) That any complaint, protest or objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, shall be deemed waived unless filed in writing with the clerk at least 3 days prior to the assessment hearing.
Section 74. Assessment Hearing. 1. At the time and place so designated, the city council shall hear and determine any written complaint, protest or objection, filed as provided in section 73 hereof, any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure, and the city council may adjourn the hearing from time to time.
2. The city council, by resolution, shall have power, in its discretion, to revise, correct, confirm or set aside any assessment and to order that such assessment be made de novo.
Section 75. Levy of Assessments. 1. After the assessment roll is in final form and is so confirmed by resolution, the city by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
2. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
3. Such determination by the city council shall be conclusive upon the owners of the property assessed.
4. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Section 76. Appeal of Adverse Determination. 1. Within the 15 days immediately succeeding the publication of the assessment ordinance, any person who has filed a complaint, protest or objection in writing, as hereinbefore provided, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination.
2. Thereafter all actions or suits attacking the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, including, without limiting the generality of the foregoing, the defense of confiscation, shall be perpetually barred.
Section 77. Railroad Assessments. The city council shall have power to assess, against the property of any railroad or street railroad occupying or abutting any street ordered to be improved, the whole cost of the street improvements between or under the rails and tracks of the roadbed or street railroad, and 2 feet on each side of the track or tracks, and shall have power by ordinance to levy an assessment upon the property of the railroad or street railroad, including its roadbed, ties, rails, fixtures, chattels, rights and franchises, which shall constitute an assessment lien, which may be enforced either by foreclosure of the lien and sale of the property in the manner provided by law for taxes or by suit against the owner.
κ1963 Statutes of Nevada, Page 1256 (CHAPTER 447, AB 452)κ
power to assess, against the property of any railroad or street railroad occupying or abutting any street ordered to be improved, the whole cost of the street improvements between or under the rails and tracks of the roadbed or street railroad, and 2 feet on each side of the track or tracks, and shall have power by ordinance to levy an assessment upon the property of the railroad or street railroad, including its roadbed, ties, rails, fixtures, chattels, rights and franchises, which shall constitute an assessment lien, which may be enforced either by foreclosure of the lien and sale of the property in the manner provided by law for taxes or by suit against the owner.
Section 78. Assessment for Street Intersections. 1. The cost of improvements in street intersections may be segregated.
2. Such cost, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved (excluding an alley) and on intersecting streets within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved (excluding an alley) or on an intersecting street, or on both within such distance.
3. The cost of the improvement of an alley intersection may be assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides. However, where the sides of blocks are of unequal length, the city council may determine the limit of assessment.
4. In the alternative, the cost of improving street intersections (including alley intersections) may be treated as one of the costs of any project without separately segregating such intersection cost. In such case the total cost of any project shall be assessed as provided in subsections 1, 2 and 3 of this section 78 upon the basis determined without any separate assessment for intersection costs.
Section 79. Thirty-Day Payment Period; Deferred Payments. 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the city council so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any.
κ1963 Statutes of Nevada, Page 1257 (CHAPTER 447, AB 452)κ
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
Section 80. Acceleration Upon Delinquency. 1. Failure to pay any installment, whether principal or interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately at the option of the city, the exercise of such option to be indicated by the commencement of foreclosure proceedings.
2. At any time prior to the day of sale, the owner may pay the amount of delinquent installments, with accrued interest, all penalties, and costs of collection accrued, including but not necessarily limited to any attorneys fees, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.
Section 81. Limitations Upon Deferred Payments. 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding 7 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the city council in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The city council in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the city for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
Section 82. Assessment Liens. 1. The payment of the amount so assessed, including each installment thereof, the interest thereon, and any penalties and collection costs, shall be secured by an assessment lien upon the tract assessed from the effective date of the assessment ordinance.
2. Each such lien upon each tract assessed shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
κ1963 Statutes of Nevada, Page 1258 (CHAPTER 447, AB 452)κ
3. No statute of limitations shall begin to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof shall become due.
Section 83. Division of Tract. 1. Should any tract be divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the city council may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided.
2. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such tract shall be according to such subdivision.
Section 84. Surpluses and Deficiencies. 1. Should any assessment prove insufficient to pay for the project or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund of the city.
2. If a greater amount has been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Section 85. Reassessments. 1. Whenever any assessment is, in the opinion of the city council, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.
2. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment herein.
Section 86. Credits For Prior Assessment. Whenever any sum or part thereof levied upon any tracts in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the tracts.
Section 87. Collection of Assessments. 1. When any assessment is so levied by ordinance and is payable, the city council shall direct the clerk:
(a) To report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 82 hereof.
κ1963 Statutes of Nevada, Page 1259 (CHAPTER 447, AB 452)κ
4. When such amount shall be collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the city from collecting any assessment by suit in the name of the city council; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Section 88. Procedure To Place Previously Omitted Property Upon Assessment Roll. 1. Whenever by mistake, inadvertence or for any cause any tract otherwise subject to assessment, within any improvement district, shall have been omitted from the assessment roll for such project, the city council may, upon its own motion or upon the application of the owner of any tract within such improvement district charged with the lien of an assessment for any project, assess the same in accordance with the special benefits accruing to such omitted property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.
2. In any such case, the city council shall first pass a resolution setting forth that certain tract therein described was omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the city council at a time specified in such resolution and present their objection thereto, and directing the engineer to report to the city council at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted, which notice resolution shall be published and given by mail to the last-known owner or owners of each such tract.
3. At the conclusion of such hearing or any adjournment thereof, the city council shall consider the matter as though the tract had been included upon the original roll, and may confirm the same or any portion thereof by ordinance.
4. Thereupon, the assessment or assessments on such roll of each omitted tract shall be collected, the payment of which shall be secured by an assessment lien, as other assessments.
Section 89. Validity of Local Improvement Assessment. 1. Whenever the city council has made any contract for any project provided herein or shall hereafter make any assessment against any tract within any improvement district for any purpose authorized herein, and has in making such contract or assessment acted in good faith and without fraud, or shall hereafter act in good faith and without fraud, the contract and assessment shall be valid and enforcible as such, and the assessment shall be a lien upon the tract upon which the same purports to be a lien.
2. It shall be no objection to the validity of such contract, assessment or lien that:
(a) The contract for such project was not awarded in the manner or at the time required hereby, or otherwise.
(b) The assessment was made by an unauthorized officer or person, if the same shall have been confirmed by the city council.
(c) The assessment is based upon an improper basis of benefits to the tract within such improvement district, unless it shall be made to appear that the city council acted fraudulently or oppressively in making such assessment.
κ1963 Statutes of Nevada, Page 1260 (CHAPTER 447, AB 452)κ
the tract within such improvement district, unless it shall be made to appear that the city council acted fraudulently or oppressively in making such assessment.
3. All assessments heretofore or hereafter made which are made by the city council in good faith are hereby declared to be valid and in full force and effect, and to be collectible in the manner which is now or may hereafter be provided by law for the collection of assessments for the purposes specified in this section.
Section 90. Payment of Assessments by Joint Owner. Whenever any assessment, or installment thereof, shall be paid, or any delinquency therefor be redeemed, or any judgment therefor be paid by any joint owner of any property assessed for any improvement, such joint owner may, after demand and refusal, by an action brought in the district court, recover from each of his coowners the respective amounts of such payment which each such coowner should bear, with interest thereon at 10 percent per annum from the date of such payments, and costs of the action, and the joint owner making such payment shall have a lien upon the undivided interest of his coowners in and to such property from date of such payment.
Section 91. Assessment Paid in Error. Whenever, through error or inadvertence, any person shall pay any assessment, or installment thereof, upon the lands of another, such payor may, after demand and refusal, by an action in the district court, recover from the owner of such lands the amount so paid and costs of the action.
Section 92. Judgment of Court. If in any action it appears that the assessment has not been properly made against the defendant, or the tract sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the tract in question, render judgment for the amount properly chargeable against such defendant or upon such tract.
Section 93. Bonds. The city council shall likewise have power to issue negotiable coupon bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
Section 94. Recital of Compliance. If any improvement district bonds or any deed made pursuant to a foreclosure sale shall recite that the proceedings with reference to making any project have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the tract described therein have been performed, such recitals shall be conclusive evidence of the facts so recited.
Section 95. Issuance of Bonds. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the city council to defray the cost of the project, including all proper incidental expenses.
2. Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the city council, below par at a discount not exceeding 7 percent of the principal amount thereof and at a price which will not result in a net interest cost to the city of more than 7 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the city council shall have been capitalized as a cost of the project.
κ1963 Statutes of Nevada, Page 1261 (CHAPTER 447, AB 452)κ
result in a net interest cost to the city of more than 7 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the city council shall have been capitalized as a cost of the project.
3. No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the city council may determine.
4. No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
5. The city council may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.
6. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
7. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
8. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
9. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the city or any of its officers, agents and employees.
10. The city council may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the city council so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the city council may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the city council has not elected to proceed under subsection 2 or 3 of section 63 hereof, but has elected to proceed under subsection 1 thereof.
11. If the city council ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in section 58 hereof, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Section 96. Fund for Bond Payment. The assessments, when levied, shall be and remain a lien on the respective tracts of land assessed until paid, as provided herein, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the assessment bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid, except for the assessments paid during the 30-day payment period provided in section 79 hereof and applied directly to the costs of the project.
κ1963 Statutes of Nevada, Page 1262 (CHAPTER 447, AB 452)κ
placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the assessment bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid, except for the assessments paid during the 30-day payment period provided in section 79 hereof and applied directly to the costs of the project.
Section 97. Deficiency in Bond Fund. 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund of the city.
2. If the general fund shall be insufficient to pay any such deficiency promptly, the city council shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the city which is by law taxable for state, county and city purposes, without regard to any charter tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. Any such tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Section 98. Citys Liability on Bonds. 1. Bonds issued pursuant hereto shall not be a debt of the city, and the city shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments and general tax proceeds.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the city, except for the assessments and general tax proceeds pledged for the payment of bonds. No property of the city, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Section 99. Incontestable Recital in Bonds. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.
2. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Section 100. Maximum Bond Interest Rate. Assessment bonds shall not bear interest at a rate or rates exceeding 7 percent per annum.
Section 101. Bond Details. 1. Any assessment bonds:
κ1963 Statutes of Nevada, Page 1263 (CHAPTER 447, AB 452)κ
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the city council, may be made subject to prior redemption in advance of maturity, in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed,
as provided by ordinance.
2. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the city council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the city council may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of chapter 92 of NRS (The Negotiable Instruments Law).
5. Notwithstanding any other provisions of law, the city council, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 called bond) aggregating the amount of the entire issue or any portion thereof.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) 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.
(d) Make provision in any such proceedings 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 both principal and interest, or either, at the option of the holder.
κ1963 Statutes of Nevada, Page 1264 (CHAPTER 447, AB 452)κ
either coupon bonds or bonds registrable as to principal, or both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the city council:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.
7. Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.
8. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the clerk.
9. Any of such officers, 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, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
10. The clerk may cause the seal of the city 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.
11. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
12. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Section 102. Tax Exemptions. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Section 103. Early Hearings. 1. All cases in which there may arise a question of validity of any power herein granted or of any other provision hereof shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
2. The courts shall be open at all times for the purposes hereof.
Section 104. Correction of Faulty Notices. In any case where a notice is provided for herein, if the city council or court finds for any reason that due notice was not given, the city council or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the city council or court shall order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
κ1963 Statutes of Nevada, Page 1265 (CHAPTER 447, AB 452)κ
shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the city council or court shall order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
Section 105. Legal Investments in Bonds. It shall be legal for the state and any of its agencies, departments or political subdivisions, or any other public body, to invest funds or moneys in the custody thereof in any of the bonds authorized to be issued pursuant to the provisions hereof.
Sec. 44. All proceedings and actions taken under law, or under color of law, preliminary to and in the exercise of any power granted in section 43 of this act, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power, authority or otherwise, other than constitutional, of the city council, and notwithstanding any defects and irregularities, other than constitutional, in such proceedings and actions.
Sec. 45. 1. The adoption of section 43 of this act shall not be construed to repeal or in any way affect or modify:
(a) Any substantive or vested right.
(b) Any law authorizing the issuance of any outstanding special assessment local improvement district bonds of the city of North Las Vegas.
(c) Any law pursuant to which special assessments levied by the city of North Las Vegas have not been paid in full, principal, interest and any penalties.
(d) The running of the statute of limitations in force at the time this act becomes effective.
2. All incomplete proceedings had and taken by the city of North Las Vegas, under the provisions of sections 54 to 78, inclusive, of Chapter II of chapter 283, Statutes of Nevada 1953, as amended, repealed herein by the provisions of section 47 of this act, preliminary to and in the acquisition or improvement of any project, the creation of any improvement district, the levy and collection of any assessment, or the issuance of any interim or temporary bond, or any definitive bond, which proceedings are in substantial compliance herewith, may, at the option of the city council, be completed hereunder the same as if such incomplete proceedings had been had and taken pursuant to the provisions of section 43 of this act.
Sec. 46. 1. Section 43 of this act, without reference to other statutes of the state, except as therein otherwise expressly provided, shall constitute full authority for the exercise of powers therein granted, including but not limited to the authorization and issuance of bonds thereunder.
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized to be done in section 45, shall be construed as applying to any proceedings taken hereunder or acts done pursuant thereto.
3. No board, agency, bureau or official other than the city council of the city of North Las Vegas shall have authority to fix, prescribe, modify, supervise or regulate the levy or collection of special assessments or taxes authorized in section 43 of this act, except as therein expressly provided or necessarily implied, nor to supervise or regulate the acquisition or improvement of any project therein authorized.
κ1963 Statutes of Nevada, Page 1266 (CHAPTER 447, AB 452)κ
of the city of North Las Vegas shall have authority to fix, prescribe, modify, supervise or regulate the levy or collection of special assessments or taxes authorized in section 43 of this act, except as therein expressly provided or necessarily implied, nor to supervise or regulate the acquisition or improvement of any project therein authorized.
4. The provisions of no other law, either general, special or local, except as provided in section 43, shall apply to the doing of the things therein authorized to be done, and no public body other than the city council of the city of North Las Vegas proceeding thereunder shall have authority or jurisdiction over the doing of any of the acts therein authorized to be done.
5. The powers conferred by section 43 of this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by section 43 of this act shall not affect the powers conferred by, any other law.
Sec. 47. The following sections of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, are hereby expressly repealed: Section 14, at page 399; sections 54 to 79, both inclusive, at pages 431 to 438, inclusive; and section 82, at page 438.
Sec. 48. 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. 49. This act shall become effective upon passage and approval.
________
Assembly Bill No. 185Committee on Roads, Transportation and Aviation
CHAPTER 448
AN ACT to amend chapter 484 of NRS, relating to traffic laws, by adding new sections authorizing the Nevada highway patrol to remove and destroy red or amber lights and sirens unlawfully installed or operated and to issue permits for the use of amber lights on certain vehicles; forbidding any person to display amber warning lights except under certain circumstances; authorizing public utility vehicles to display amber warning lights under certain circumstances and prescribing other warning devices which may be used by such vehicles; defining the term tow car; enumerating the equipment and warning devices to be carried by tow cars and used by their operators; and prescribing the type of fusee which may be placed on the highway; to amend NRS section 484.255, relating to issuance of authorized emergency vehicle permits, by prohibiting the issuance of emergency vehicle permits for certain vehicles; and providing other matters properly relating thereto.
[Approved April 26, 1963]
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 the provisions set forth as sections 2 to 16, inclusive, of this act.
Sec. 2. (There is no section of this number.)
Sec. 3. The Nevada highway patrol shall remove and destroy, or cause to be removed and destroyed, all red or amber lights and all sirens unlawfully installed or operated.
κ1963 Statutes of Nevada, Page 1267 (CHAPTER 448, AB 185)κ
cause to be removed and destroyed, all red or amber lights and all sirens unlawfully installed or operated.
Sec. 4. The Nevada highway patrol, upon written application, shall issue a permit for the operation of a flashing amber light for the following:
1. Public utility vehicles.
2. Tow trucks.
3. Vehicles engaged in activities which create a public hazard upon the streets or highways.
4. Vehicles of coroners and their deputies.
5. Vehicles of Civil Air Patrol rescue units.
6. Vehicles of authorized sheriffs jeep squadrons.
Sec. 5. No person shall display a flashing amber warning light on a vehicle as permitted by this chapter except when an unusual traffic hazard exists.
Sec. 6. (There is no section of this number.)
Sec. 7. Public utility vehicles actually engaged in the construction, removal, maintenance or inspection of utility facilities may display flashing amber warning lights to the front, sides or rear when necessarily parked other than adjacent to the curb in a highway, or when moving at a speed slower than the normal flow of traffic.
Sec. 8. When utility or public utility vehicles are parked, stopped or standing at the site of work as described in section 7 of this act, warning devices shall be displayed as follows:
1. During daylight, warning devices shall consist of either:
(a) A warning flag or barricade striping on the front and rear of the vehicle.
(b) A warning flag, sign or barrier on the highway not more than 50 feet in advance of the vehicle and not more than 50 feet to the rear thereof, except that in zones where the speed limit is in excess of 25 miles per hour the 50-foot distance may be increased up to 500 feet from the vehicle as circumstances may warrant.
2. During darkness, the warning devices shall consist of either:
(a) One or more flashing amber warning lights on the vehicle giving warning to approaching traffic from each direction; or
(b) A warning light, flare, fusee or reflector on the highway not more than 50 feet in advance of the vehicle and not more than 50 feet to the rear thereof, except that in zones where the speed limit is in excess of 25 miles per hour the 50-foot distance may be increased up to 500 feet from the vehicle where circumstances may warrant.
3. The provisions of subsections 1 or 2 do not prevent the display of both types of the warning devices during daylight or darkness.
4. During either daylight or darkness, no warning device is necessary if the vehicle is equipped with the flashing warning lights visible to approaching traffic from each direction as provided in subsection 2.
Sec. 9. Tow car means a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, hoist, tow bar, towline or dolly, or is otherwise exclusively used to render assistance to other vehicles.
Sec. 10. Tow cars shall be equipped with:
κ1963 Statutes of Nevada, Page 1268 (CHAPTER 448, AB 185)κ
1. One or more brooms, and the driver of the tow car engaged to remove a disabled vehicle from the scene of an accident shall remove all glass and debris deposited upon the roadway by the disabled vehicle which is to be towed.
2. A shovel, and whenever practical the tow car driver engaged to remove any disabled vehicle shall spread dirt upon any portion of the roadway where oil or grease has been deposited by such disabled vehicle.
3. At least one fire extinguisher of the dry chemical or carbon dioxide type, with an aggregate rating of at least 4-B, C units, which shall bear the approval of a laboratory nationally recognized as properly equipped to grant such approval.
Sec. 11. Tow cars used to tow disabled vehicles shall be equipped with flashing amber warning lamps which shall be displayed as may be advisable to warn approaching drivers during the period of preparation at the location from which a disabled vehicle is to be towed. A flashing amber warning lamp upon a tow car may be displayed to the rear when such tow car is towing a vehicle and moving at a speed slower than the normal flow of traffic.
Sec. 12. Every tow car used to tow a vehicle shall be equipped with:
1. Not less than two red flares, two red lanterns or two warning lights or reflectors.
2. At least two highway warning signs of a uniform type prescribed by the Nevada highway patrol so designed as to be visible both day and night.
Sec. 13. The operator of a tow car used for the purpose of rendering assistance to other vehicles shall, when the rendering of assistance necessitates the obstruction of any portion of the roadway outside a business or residence district, place a highway warning sign 100 feet in advance of and 100 feet to the rear of the disabled vehicle.
Sec. 14. Where a motor vehicle is disabled on the highway during darkness, the tow car operator shall immediately upon arrival place warning signs upon the highway as prescribed in section 13 of this act, and shall place not less than one red flare, red lantern, warning light or reflector in close proximity to each warning sign.
Sec. 15. No fusee which produces other than red light shall be placed on the highway to warn of any stalled vehicle or other hazard to traffic.
Sec. 16. 1. Tow cars used to tow vehicles shall be equipped with and carry a rear lamp, a stop lamp and a portable electric extension cord for use in displaying the lamp on the rear of the disabled vehicle.
2. Whenever a disabled vehicle is towed during darkness and the rear lamp of the disabled vehicle cannot be lighted, the tow car operator shall connect and display such lamps, or a combination of them, on the rear of the disabled vehicle by means of the extension cord.
Sec. 17. (There is no section of this number.)
Sec. 18. NRS 484.255 is hereby amended to read as follows:
484.255 1. The 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.
κ1963 Statutes of Nevada, Page 1269 (CHAPTER 448, AB 185)κ
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)] (b) Fire-fighting equipment designed and operated exclusively as such;
[(d)] (c) Vehicles owned or operated by an agency of the United States engaged primarily in law enforcement work; and
[(e)] (d) Ambulances designed and operated exclusively as such.
3. Notwithstanding any provision contained in this section or in NRS 484.245, the following shall not be considered emergency vehicles or be permitted to operate as such:
(a) Tow trucks;
(b) Public utility vehicles;
(c) Vehicles used in merchant patrols;
(d) Vehicles used in private escort service;
(e) Privately owned vehicles of volunteer firemen;
(f) Privately owned vehicles of reserve members of a police department or a sheriffs office; and
(g) Vehicles of private detectives.
________
Senate Bill No. 228Committee on Judiciary
CHAPTER 449
AN ACT to amend NRS sections 159.070, 159.410 to 159.430, inclusive, and 159.460, relating to the appointment of guardians and sale of guardianship property, by requiring that notice of guardianship proceedings be posted at the front door of the courthouse of the proper county; and by providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 159.070 is hereby amended to read as follows:
159.070 1. To secure the appointment of a guardian, any relative of or any person interested in or befriending a minor may file in the clerks office of the district court of the proper county a petition setting forth the necessary facts and praying for the appointment of some designated person or persons as guardian or guardians.
2. Upon the petition being filed, the clerk shall give notice of the hearing thereof by posting [in three public places in the county, one of which shall be] at the front door of the county courthouse [thereof,] a notice containing:
κ1963 Statutes of Nevada, Page 1270 (CHAPTER 449, SB 228)κ
(a) The name or names of the minor or minors.
(b) The name or names of the person or persons petitioning.
(c) The object.
(d) The time and place for the hearing, which shall not be less than 10 nor more than 20 days after posting.
3. The person petitioning shall also cause notice to be served upon any person in whose custody or care the minor or minors may be.
Sec. 2. (There is no section of this number.)
Sec. 3. NRS 159.410 is hereby amended to read as follows:
159.410 1. When a sale of real property is ordered and is to be made at public auction, notice of the time and place of holding the same shall be given by:
(a) Posting a copy [in 3 of the most public places] at the front door of the courthouse of the county in which the land is situated; and
(b) Publishing it in a newspaper published in the county, if there be one; if not, then in such newspaper as the court or a judge thereof may direct, for 3 weeks successively next before the sale.
2. The lands and tenements shall be described with common certainty in the notice.
3. Where the property ordered sold shall have been valued in the inventory at less than $500, it shall be in the discretion of the court to order the notice of sale thereof to be given by posting only.
Sec. 4. NRS 159.420 is hereby amended to read as follows:
159.420 1. When a sale of real property is ordered and is to be made at private sale, notice of the same must be given by:
(a) Posting a copy [in 3 of the most public places] at the front door of the courthouse of the county in which the land is situated; and
(b) Publishing it in a newspaper published in the county, if there be one; if not, then in such newspaper as the court or a judge thereof may direct, for 2 weeks successively next before the sale.
2. The lands and tenements shall be described with common certainty in the notice, and the notice must state a day on or after which the sale will be made and a place where offers or bids will be received. The day last referred to must be at least 15 days from the first publication of notice; and the sale must not be made before that day, but must be made within 6 months thereafter.
3. Where the property ordered sold shall have been valued in the inventory at less than $500, it shall be in the discretion of the court to order the notice of sale thereof to be given by posting only.
4. The bids or offers must be in writing and may be left at the place designated in the notice, or delivered to the guardian personally, or may be filed in the office of the clerk of the court to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale.
5. If it be shown that it will be for the best interest of the guardianship estate, the court or judge may, by an order, shorten the time of the notice, which shall not, however, be less than 1 week, and specify the number of publications, and may provide that the sale may be made on or after a day less than 15, but not less than 8 days from the first publication of the notice, in which case the notice of sale and the sale may be made to correspond with such order.
κ1963 Statutes of Nevada, Page 1271 (CHAPTER 449, SB 228)κ
Sec. 5. NRS 159.430 is hereby amended to read as follows:
159.430 1. If at the time appointed for the sale the guardian shall deem it best for the interest of all parties concerned therein that the same should be postponed, he may adjourn the sale from time to time, not exceeding in all 60 days.
2. In case of adjournment, notice thereof shall be given by a public declaration at the time and place first appointed for the sale, and if the adjournment be for more than 1 day, further notice shall be given by posting [in 3 public places in] at the front door of the courthouse of the county where the land is situated, or by publishing the same, or both, as time and circumstances will admit.
Sec. 6. NRS 159.460 is hereby amended to read as follows:
159.460 1. The guardian making a sale of any real property shall, within 5 days thereafter, make and file with the clerk a return of his proceedings. The clerk shall then give notice by posting [in 3 public places] at the front door of the courthouse of the county that the return has been filed and will be heard by the court at a time and place to be designated in the notice, not less than 10 days after such posting, and notify all interested to appear and show cause why the sale should not be confirmed.
2. At the time set, or at such other times to which the hearing may be continued, the court shall hear the matter, and if it shall appear that the proceedings were unfair, or that the sum bid is disproportionate to the value, and that a sum exceeding the bid at least 10 percent, exclusive of the expense of a new sale, may be obtained, the court shall vacate the sale and direct a new sale to be made, and the proceedings thereon shall be as upon an original order to sell.
3. If an offer of 10 percent or more, exclusive of the expense of a new sale, shall be made in writing by a responsible person to the court or judge, it shall be discretionary with the court to accept such offer and confirm the sale to such person or to order a new sale.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 212Committee on Judiciary
CHAPTER 450
AN ACT to amend NRS section 146.070, relating to distribution of estates upon which administration is not required, by providing that the court may distribute such an estate to the parent or guardian of any minor heir or legatee; and by providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 146.070 is hereby amended to read as follows:
146.070 1. When a person shall die leaving an estate, the gross value of which does not exceed $1,000, and there be a surviving husband or wife, or minor child or children, the estate shall not be administered upon, but the whole thereof, after directing such payments as may be deemed just, shall be, by an order for that purpose, assigned and set apart for the support of the surviving husband or wife or minor children of the deceased, or for the support of the minor child or children, if there be no surviving husband or wife.
κ1963 Statutes of Nevada, Page 1272 (CHAPTER 450, SB 212)κ
may be deemed just, shall be, by an order for that purpose, assigned and set apart for the support of the surviving husband or wife or minor children of the deceased, or for the support of the minor child or children, if there be no surviving husband or wife. The whole of the estate, even though there be a surviving husband or wife, may, in the discretion of the court, after directing the deductions aforesaid, be set aside to the minor child or children of the deceased, according to the subserviency of the best interests of the minor child or children.
2. When a person shall die leaving no surviving spouse or minor child, and an estate, the gross value of which does not exceed $400, upon good cause shown therefor, the judge may order that the estate shall not be administered upon, but the whole thereof shall be by the judge, by an order for that purpose, assigned and set apart:
First: To the payment of funeral expenses, expenses of last illness, and creditors, if there be any; and
Second: Any balance remaining to the claimant or claimants entitled thereto.
3. All proceedings taken under this section, whether or not the decedent left a will, shall be originated by a verified petition containing:
(a) A specific description of all of the decedents property.
(b) A list of all the liens, encumbrances of record at the date of his death.
(c) An estimate of the value of the property.
(d) A statement of the debts of the decedent so far as known to the petitioner.
The petition may include a prayer that if the court finds the total value of the estate does not exceed, as the case may be, the sum of $1,000 or $400, the same be set aside as provided in this section.
4. Notice of the petition shall be given by posting a notice upon the bulletin board of the county courthouse of the county in which the petition is filed for at least 10 days before the date set for the hearing of the petition. If such be the fact, the notice shall include a statement that a prayer for setting aside the estate to the husband, or wife, or minor child or children, as the case may be, is included in the petition.
5. No court or clerks fees shall be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $400 in value.
6. If the court finds that the total value of the estate does not exceed, as the case may be, the sum of $1,000 or $400, the district court may direct that the estate be distributed to the father or mother of any minor heir or legatee, with or without the filing of any bond, or may require that a general guardian be appointed and that the estate be distributed to such guardian, with or without bond as in the discretion of the court seems to the best interests of the minor. The court may in its discretion direct the manner in which such money shall be used for the benefit of the minor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 1273κ
Assembly Bill No. 113Committee on Taxation
CHAPTER 451
AN ACT to amend NRS section 361.505, relating to the collection of personal property taxes the payment of which is unsecured by real estate, by requiring the county assessor to close his assessment roll on December 31; by providing, with some exceptions, that personal property coming into the county after that date shall not acquire situs for taxation for the current year; and by providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.505 is hereby amended to read as follows:
361.505 1. Each county assessor, when he assesses the property of any person or persons, company or corporation liable to taxation who does not own real estate within the county of sufficient value, in the county assessors judgment, to pay the taxes on both his or their real and personal property, shall proceed immediately to collect the taxes on the personal property so assessed. The person paying such taxes shall not be thereby deprived of his right to have such assessment equalized, and if, upon such equalization, the value is reduced, the taxes paid shall be refunded to such person from the county treasury, upon the order of the board of county commissioners, in proportion to the reduction of the value made.
2. If, at the time of such assessment of personal property, the board of county commissioners has not as yet levied the tax based upon the full combined tax rate for the taxable year to which such assessment is applicable, the total amount of the tax to be collected by the county assessor shall be determined by use of the then current state ad valorem tax rate and the regular combined tax rate for the county, city and school district as levied and applied for the preceding taxable year. The county treasurer shall apportion the tax as other taxes are apportioned.
3. The county assessor shall close his assessment roll as of December 31, and, except as provided in subsection 4, any personal property coming into the county after that date shall not acquire situs for taxation for the current year.
4. Nothing contained in this section or any other statute shall be construed as prohibiting the county assessor from prorating the count on livestock situated within the state for a portion of a year.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 1274κ
Assembly Bill No. 171Mr. Bailey
CHAPTER 452
AN ACT appropriating the sum of $125,000 from the general fund in the state treasury to the University of Nevada for the purpose of purchasing and binding library books and periodicals for the library on the Reno campus; appropriating the sum of $125,000 from the general fund in the state treasury to the University of Nevada for the purpose of purchasing and binding library books and periodicals for the library of Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada; providing that the moneys herein appropriated cannot be expended except for the express purposes authorized; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury the sum of $125,000 to the University of Nevada for the purchase and binding of library books and periodicals only for the library on the Reno campus.
2. There is hereby appropriated from the general fund in the state treasury the sum of $125,000 to the University of Nevada for the purchase and binding of library books and periodicals only for the library of Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada.
3. None of the moneys appropriated by the provisions of subsection 1 shall be expended for the purchase and binding of library books and periodicals for the library of Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada. None of the moneys appropriated by the provisions of subsection 2 shall be expended for the purchase and binding of library books and periodicals for the library on the Reno campus of the University of Nevada.
4. Any unexpended balances remaining from the appropriations made by subsections 1 and 2 on September 1, 1965, shall revert to the general fund in the state treasury.
________
κ1963 Statutes of Nevada, Page 1275κ
Assembly Bill No. 115Committee on Taxation
CHAPTER 453
AN ACT to amend chapter 369 of NRS, relating to intoxicating liquor licenses and taxes, by providing that no excise tax shall be imposed upon the sale of beer by licensed wholesale dealers to Army, Navy or Air Force exchanges, messes or clubs located in the State of Nevada; by providing for refunds or credits for taxes paid on the sale of beer to such instrumentalities; to amend NRS section 369.470, relating to wholesale liquor dealers licenses, by authorizing licensed wholesalers to sell to such instrumentalities; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 369 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No tax shall be imposed upon the sale of beer by licensed wholesale dealers to the following instrumentalities of the Armed Forces of the United States, organized under Army, Air Force, or Navy regulations, and located upon territory within the geographical boundaries of the State of Nevada:
(a) Army, Navy or Air Force exchanges.
(b) Officers, noncommissioned officers and enlisted mens clubs or messes.
2. If any wholesale dealer pays the tax on beer sold to one of the instrumentalities of the Armed Forces of the United States enumerated in subsection 1 after the effective date of this act, the taxpayer may obtain a credit or refund with respect to the tax so paid in the manner provided by the tax commission.
Sec. 2. NRS 369.470 is hereby amended to read as follows:
369.470 Wholesale dealers licenses shall permit the holders thereof to sell liquor to wholesalers, [or] retailers and those instrumentalities of the Armed Forces of the United States specified in section 1 of this amendatory act only anywhere in Nevada. Sale by a wholesaler to himself as a retailer is not the transaction of a bona fide wholesale business.
________
κ1963 Statutes of Nevada, Page 1276κ
Assembly Bill No. 182Committee on Roads, Transportation and Aviation
CHAPTER 454
AN ACT to amend chapter 482 of NRS, relating to licensing and registration of motor vehicles and trailers, by adding a new section authorizing the motor vehicle registration division of the department of motor vehicles to issue special use permits for new, unregistered and unlicensed vehicles for the purpose of enabling such vehicles to be operated in connection with special events; prescribing the form of such permits and the manner of their affixation to the vehicle; and fixing the fee for the issuance of such permits; to amend NRS section 482.205, relating to the requirement of registration of vehicles, by exempting from such requirement certain vehicles intended to be operated on the highways of the state; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The motor vehicle registration division of the department may issue a special use permit for the operation of any new, unregistered and unlicensed vehicle upon any highway in the state for the purpose of enabling such vehicle to operate in connection with special events, such as parades.
2. Such permit shall be in a form to be prescribed by the department and shall limit the use of the vehicle for which it is issued to movement for the purpose set forth in the application for the permit. Such permit shall be affixed to the vehicle in a manner and position to be determined by the department and shall be canceled, destroyed or surrendered under such rules as the department may prescribe.
3. The motor vehicle registration division of the department shall charge a fee of $2 for each such permit issued.
Sec. 2. NRS 482.205 is hereby amended to read as follows:
482.205 [Every] Except as otherwise provided in this chapter, every owner of a motor vehicle, trailer or semitrailer intended to be operated upon any highway in this state shall, before the same can be operated, apply to the department for and obtain the registration thereof.
________
κ1963 Statutes of Nevada, Page 1277κ
Assembly Bill No. 195Committee on Roads, Transportation and Aviation
CHAPTER 455
AN ACT to amend chapter 481 of NRS, relating to the administration of the motor vehicle laws, by adding a new section creating the position of field dealer inspector in the motor vehicle registration division of the department of motor vehicles; by specifying duties; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 481 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The director shall appoint, pursuant to the provisions of chapter 284 of NRS, a field dealer inspector in the motor vehicle registration division of the department.
2. The duties of the field dealer inspector shall be to travel the state and:
(a) Act as a field agent and inspector in the enforcement of the provisions of chapter 482 of NRS as they pertain to dealers.
(b) Act as adviser to dealers in connection with any problems arising under the provisions of such chapter.
(c) Cooperate with personnel of the Nevada highway patrol in the enforcement of the motor vehicle laws as they pertain to dealers.
(d) Perform such other duties as may be imposed by the director.
________
Assembly Bill No. 239Committee on Fish and Game
CHAPTER 456
AN ACT to amend NRS section 503.610, relating to the protection of the American eagle, by extending protection to the golden eagle; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.610 is hereby amended to read as follows:
503.610 It shall be unlawful for any person, firm, company, corporation or association to kill, destroy, wound, trap, injure, keep in captivity, or in any other manner to catch or capture, or to pursue with such intent the [bird] birds known as the American eagle [,] and the golden eagle, or to take, injure or destroy the nest or eggs of such [bird.] birds.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 1278κ
Assembly Bill No. 538Committee on State, County and City Affairs
CHAPTER 457
AN ACT resolving conflicts in statutes resulting from enactment of Senate Bill No. 103, 52nd session of the Nevada legislature; to amend the title of and to amend an act entitled An Act to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the state department of administration incorporating the functions of the director of the budget, the state department of buildings and grounds, the state department of purchasing and the state department of personnel; to amend NRS sections 210.065, 210.470, 220.060, 230.020, 281.160, 284.015 to 284.030, inclusive, 284.045 to 284.055, inclusive, 284.065, 284.075 to 284.085, inclusive, 284.100 to 284.135, inclusive, 284.140, 284.145, 284.155 to 284.165, inclusive, 284.175, 284.185, 284.190, 284.200 to 284.210, inclusive, 284.220, 284.230 to 284.255, inclusive, 284.265 to 284.275, inclusive, 284.285 to 284.295, inclusive, 284.310, 284.320, 284.325, 284.335 to 284.355, inclusive, 284.365, 284.375 to 284.385, inclusive, 284.400, 284.405, 284.420, 331.010 to 331.030, inclusive, 331.050, 333.020, 333.030, 333.060 to 333.310, inclusive, 333.330, 333.350 to 333.400, inclusive, 333.420, 333.430, 333.450 to 333.464, inclusive, 333.466, 333.467, 333.470 to 333.500, inclusive, 336.010, 336.040, 353.155, 353.160, 353.175 to 353.200, inclusive, 353.210 to 353.230, inclusive, 353.245, 381.270, 385.340, 407.057, 419.030, 422.200, 423.110, 463.028, 463.100, 481.055, 482.145, 561.235, 612.230, 673.0354 and 703.120, relating to various functions of the director of the budget, the state department of buildings and grounds, state department of purchasing and the state department of personnel, by making technical changes necessitated by the creation of the department of administration; to repeal NRS sections 284.070, 284.090, 284.095, 333.040, 333.050, 333.440, 353.165 and 353.170, relating to the director of the state department of personnel, the director of the state department of purchasing, central purchasing agencies in departments and the director of the budget; and providing other matters properly relating thereto.; to amend the title of and to amend an act entitled An Act to amend NRS sections 218.085, 218.185, 218.190, 218.240 to 218.260, inclusive, 218.480, 218.500, 218.510, 218.620 to 218.640, inclusive, 218.660, 218.670, 218.690, 218.700, 218.720, 218.740, 218.770 to 218.890, inclusive, 220.040, 220.080 to 220.170, inclusive, 233.080, 331.105, 353.060 to 353.080, inclusive, 353.210, 353.263, 354.380, 412.235, 458.080 and 482.200, relating to bill, resolution, journal and history books, the amendment clerk, the preparation of legislative measures and the Statutes of Nevada, the legislative counsel bureau, the legislative counsel, the legislative auditor and their powers and duties, the director, employees and powers and duties of the statute revision commission, the preparation, contents, printing and sale of Nevada Revised Statutes, the central mailing room, counts of money in the state treasury, estimates of expenditures by state agencies, the state board of examiners emergency fund, the state alcoholism agency, inventories of federal military property, and destruction of unused motor vehicle license plates, the legislative fund, the compilation of legislative journal indices, the legislative commission, its meetings and secretary, the availability of information and records concerning public funds with respect to the legislative counsel, and the Nevada commission on equal rights of citizens, by creating the office of the director of the legislative counsel bureau and three divisions within the legislative counsel bureau; providing for the appointment, compensation and qualifications of the legislative counsel, the research director and the fiscal analyst and their powers and duties; and by abolishing the statute revision commission and the position of legislative auditor; to amend chapter 218 of NRS, relating to the state legislature, by adding new sections prescribing the duties of the heads of the divisions of the legislative counsel bureau; transferring funds; to repeal NRS sections 218.710, 218.730, 218.760, 220.010 to 220.030, inclusive, and 220.050 to 220.070, inclusive, relating to the legislative counsel, the legislative auditor, his appointment and salary, and to the statute revision commission; and providing other matters properly relating thereto.;
κ1963 Statutes of Nevada, Page 1279 (CHAPTER 457, AB 538)κ
providing other matters properly relating thereto.; to amend the title of and to amend an act entitled An Act incorporating the Nevada state park system in the state department of conservation and natural resources; to amend chapter 232 of NRS and NRS sections 206.320, 232.073, 232.090, 381.205, 381.221, 407.011, 407.015, 407.017, 407.027 to 407.047, inclusive, 407.055, 407.057, 407.065, 407.077, 407.120 to 407.150, inclusive, 407.170, 407.200, 407.210, 408.285 and 503.640, relating to various functions of the Nevada state park system and the state department of conservation and natural resources, by making technical changes necessitated by the incorporation of such system in such department; to repeal NRS section 407.180, relating to the state ichthyosaur park board; and providing other matters properly relating thereto, approved April 19, 1963; to amend the title of and to amend an act entitled An Act resolving conflicts in statutes resulting from enactment of chapter 339, Statutes of Nevada 1963; to amend the title of and to amend an act entitled An Act to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the state department of commerce, incorporating the functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations; to amend chapters 645, 657, 673 and 679 of NRS and NRS sections 278.630, 645.010, 645.050, 645.110 to 645.140, inclusive, 645.170 to 645.230, inclusive, 645.310, 645.322, 645.343, 645.350, 645.370, 645.390, 645.410 to 645.470, inclusive, 645.490, 645.500, 645.520, 645.540, 645.570, 645.580, 645.600 to 645.620, inclusive, 645.680, 645.690, 645.760, 645.770, 645.830, 645.850, 658.010, 658.030, 658.080 to 658.100, inclusive, 658.120, 659.030, 661.020, 662.270, 662.280, 664.030, 665.040, 667.100, 673.003, 673.035, 673.0351, 673.0354, 673.0355, 673.039, 673.040, 673.060, 680.010, 680.060 to 680.080, inclusive, 680.100 to 680.140, inclusive, 680.200 and 680.220, relating to various functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations, by making technical changes necessitated by the creation of the department of commerce; to repeal NRS sections 658.040, 679.080, 680.020 and 680.030, relating to the superintendent of banks, the department of insurance, and the insurance commissioners; and providing other matters properly relating thereto, approved April 12, 1963; to amend the title of and to amend an act entitled An Act to amend NRS sections 645.030, 645.120, 645.190, 645.310, 645.450, 645.460, 645.630, 645.690 and 645.780 to 645.830, inclusive, which define terms and relate to the salary and qualifications of the executive secretary of the Nevada real estate commission, powers of the Nevada real estate commission, moneys received by real estate brokers and salesmen, real estate licensing generally and license fees, increasing the maximum salary of the executive secretary of the real estate commission; by providing for a reference manual; by providing for auditing trust and custodial accounts of brokers; and by amending provisions relating to examinations, license expiration, licensing and fees; to repeal NRS section 645.470, relating to salesmans examinations; and providing other matters properly relating thereto, approved April 2, 1963; to amend chapter 232 of NRS and NRS sections 645.190, 645.310, 645.450, 645.460, 645.690, 645.830, 673.003, 673.035, 673.0355 and 673.040, relating to the state department of conservation and natural resources, real estate brokers and salesmen, and building and savings and loan associations, by incorporating previously enacted conflicting amendments to such chapter and sections; providing duties of the director of the statute revision commission; and providing other matters properly relating thereto.; to amend NRS section 407.057, relating to offices of the state park system, by incorporating previously enacted conflicting amendments to such section; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
κ1963 Statutes of Nevada, Page 1280 (CHAPTER 457, AB 538)κ
Section 1. Section 28 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 28. NRS 284.115 is hereby amended to read as follows:
284.115 1. The [director] chief shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
(b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per budgeted classified position of carrying out the functions of the [department] personnel division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of such cost.
2. Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted classified position, as determined by the [director,] chief, multiplied by the number of budgeted classified positions provided for in the budget of such department, agency or institution.
3. Except as provided in subsection 5, on July 1 of each year each department, agency and institution shall pay to the [director] chief for deposit in the personnel operating fund the amount of money appropriated to or authorized for such department, agency or institution for personnel administration costs pursuant to its budget.
4. Any moneys remaining in the personnel operating fund on July 1 of any year shall revert to the fund to which originally appropriated in proportion to the contribution from such fund.
5. Any state department, agency or institution may pay the personnel administration costs required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.
Sec. 2. Section 120 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 120. NRS 333.470 is hereby amended to read as follows:
333.470 1. Counties, municipalities, irrigation districts and school districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the [state department of purchasing.] purchasing division.
2. The [director] chief shall issue bulletins from time to time to all state, county and municipal agencies, and to all school districts in the State of Nevada, indicating the supplies, materials and equipment available and the prices thereof.
3. The specifications for all bids for supplies, materials or equipment to be furnished any political subdivision pursuant to the provisions of subsection 1 shall be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.
4. Prior to receiving any bid or awarding any contract or order pursuant to the provisions of this section, the [state department of] purchasing division shall publish a call for bids in a newspaper of general circulation in the political subdivision or district proposing to obtain such supplies, materials or equipment not less than 15 days prior to the date fixed for submission of bids.
κ1963 Statutes of Nevada, Page 1281 (CHAPTER 457, AB 538)κ
general circulation in the political subdivision or district proposing to obtain such supplies, materials or equipment not less than 15 days prior to the date fixed for submission of bids.
Sec. 3. Section 102 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 102. NRS 333.310 is hereby amended to read as follows:
333.310 1. The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state:
(a) The names and locations of the departments or institutions for which the purchases are to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) The date and time not later than which bids must be filed.
(d) The date and time when bids will be opened.
The [director] chief or his designated agent shall pass upon the copy for the advertisement.
2. Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any county, municipality, irrigation district or school district, such advertising shall be published in the manner provided in NRS 333.470.
Sec. 4. Section 13 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 13. NRS 281.160 is hereby amended to read as follows:
281.160 1. Except as otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $15 for each 24-hour period during which he is away from such office.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Any person enumerated in subsection 1 may receive an allowance for transportation pursuant to public business, whether within or without the municipality or other area in which his principal office is located. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance for travel by private conveyance is 10 cents per mile so traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 6 cents per mile so traveled.
κ1963 Statutes of Nevada, Page 1282 (CHAPTER 457, AB 538)κ
10 cents per mile so traveled, except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 6 cents per mile so traveled.
4. The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than $15 for each 24-hour period where unusual circumstances make such rate desirable.
5. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, to the [director of the] budget division of the department of administration at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the [director of the] budget [.] division. The [director of the] budget division may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners. If the [director of the] budget division disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting. Such determination shall be final. In emergencies, the [director of the budget,] budget division, upon good cause shown by the applicant, may consider requests for travel submitted to [him] it less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which are not approved by the [director of the] budget division shall be considered by the state board of examiners at a regular meeting.
Sec. 5. Section 14 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 14. NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter:
1. Chief means the chief of the personnel division of the department of administration.
2. Commission means the advisory personnel commission.
[2. Department means the state department of personnel.]
3. Director means the director of the [state] department of [personnel.] administration.
4. Personnel division means the personnel division of the department of administration.
5. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law, and supported in whole or in part by any public funds, whether such public funds are funds received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
κ1963 Statutes of Nevada, Page 1283 (CHAPTER 457, AB 538)κ
from the Government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 6. Section 15 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 15. NRS 284.020 is hereby amended to read as follows:
284.020 1. All officers and employees in the executive department of the state government shall:
(a) Conform to, comply with and aid in all proper ways in carrying into effect the provisions of this chapter and the rules and regulations prescribed hereunder.
(b) Furnish any records or information which the [director] chief or the commission may request for any purpose of this chapter.
2. This chapter shall not be construed to limit the power and authority of elective officers and heads of departments to conduct and manage the affairs of their departments as they see fit.
Sec. 7. Section 26 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Sec. 26. NRS 284.105 is hereby amended to read as follows:
284.105 1. As executive head of the [department, the director] personnel division, the chief shall direct and supervise all administrative and technical activities of the [department.] personnel division. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. In addition to the duties imposed upon him elsewhere in this chapter, the [director] chief shall:
(a) Apply and carry out this chapter and the rules and regulations adopted hereunder.
(b) Attend all meetings of the commission.
(c) Report to the [governor] director and the commission upon all matters concerning the administration of his office, and he shall request the advice and counsel of the commission on matters concerning the policy thereof; but the [director] chief shall be responsible for the conduct of the [department] personnel division and its administrative functions unless otherwise provided by law.
(d) Establish and maintain a roster of all employees in the public service. The roster shall set forth, as to each employee:
(1) The class title of the position held.
(2) The salary or pay.
(3) Any change in class title, pay or status.
(4) Other pertinent data.
(e) In cooperation with appointing authorities and others, foster and develop programs for the improvement of employee effectiveness and morale, including training, grievances and hearings thereon.
(f) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the public service, and he shall make available the facilities of the [department] personnel division personnel to this end.
κ1963 Statutes of Nevada, Page 1284 (CHAPTER 457, AB 538)κ
(g) Make to the commission and to the [governor] director a biennial report regarding the work of the [department] personnel division and such special reports as he may consider desirable.
(h) Maintain a continuous program of recruiting for the public service.
(i) Perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 8. Section 30 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 30. NRS 284.125 is hereby amended to read as follows:
284.125 1. When requested by the governor, the legislature, or their duly authorized representatives, the [director of personnel] chief shall have authority:
(a) To investigate duplication of personnel work of departments, institutions and agencies in the executive department of the state government.
(b) To study the personnel organization and administration of such departments, institutions and agencies.
(c) To formulate plans for better and more effective personnel management.
2. He shall prepare and report any personnel data or statistics which the governor or the legislature may require.
3. The [director] chief is authorized and directed to cooperate with the heads of departments and agencies in making similar personnel studies in their respective departments and agencies.
Sec. 9. Section 31 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 31. NRS 284.130 is hereby amended to read as follows:
284.130 The [director] chief may request officers and employees in the executive department of the state government or local officers or employees to aid in carrying out the provisions of this chapter, and insofar as it may be consistent with their other duties, such officers and employees shall give such aid upon the written request of the [director.] chief.
Sec. 10. Section 76 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 76. NRS 333.020 is hereby amended to read as follows:
333.020 The following words shall have the following meaning within the purview of this chapter, and shall be so construed:
1. Chief means the chief of the purchasing division of the department of administration.
2. Director means the director of the [state] department of [purchasing.
2.] administration.
3. Purchasing division means the purchasing division of the department of administration.
4. Using agencies means any and all officers, departments, institutions, boards, commissions and other agencies in the executive department of the state government which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts.
κ1963 Statutes of Nevada, Page 1285 (CHAPTER 457, AB 538)κ
department of the state government which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or funds derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts.
[3.] 5. Volunteer fire department means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.
Sec. 11. Section 121 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 121. NRS 333.480 is hereby amended to read as follows:
333.480 1. Except as provided in subsection 2, the [director] chief is authorized and directed to purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the executive department of the state government, volunteer fire departments or political subdivisions of the State of Nevada, all supplies, materials and equipment of any kind and nature required or deemed advisable for such state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or political subdivisions that may be available from the General Services Administration or any other governmental agency dealing in war surplus material or donable war surplus material.
2. The provisions of subsection 1 shall not apply to the school lunch program as administered by the state board of education.
Sec. 12. Section 136 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 136. NRS 353.185 is hereby amended to read as follows:
353.185 The powers and duties of the [director of the budget] chief shall be:
1. To appraise the quantity and quality of services rendered by each agency in the executive department of the state government, and the needs for such services and for any new services.
2. To develop plans for improvements and economies in organization and operation of the executive department, and to install such plans as are approved by the respective heads of the various agencies of such department, or as are directed to be installed by the governor or the legislature.
3. To cooperate with the state planning board in developing comprehensive, long-range plans for capital improvements and the means for financing them.
4. To devise and prescribe the forms of operation reports to be required periodically from the several agencies in the executive department, and to require the several agencies to make such reports.
5. To prepare the executive budget report for the governors approval and submission to the legislature.
6. To prepare a budget for the executive department of the state government for the next 2 fiscal years, which budget shall:
κ1963 Statutes of Nevada, Page 1286 (CHAPTER 457, AB 538)κ
(a) Present a complete financial plan for the next 2 fiscal years;
(b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the executive department of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;
(c) Set forth all interest and debt redemption charges during the next 2 fiscal years;
(d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years; and
(e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.
7. To examine and approve work programs and quarterly allotments to the several agencies in the executive department, and changes therein.
8. To examine and approve all statements and reports on the financial condition and estimated future financial condition and the operations of the agencies in the executive department of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication.
9. To receive and deal with all requests for information as to financial conditions and operations of the state.
10. To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.
11. To do and perform such other and further duties relative to the development and submission of an adequate budget for the executive department of the state government of the State of Nevada as the governor may require.
Sec. 13. Section 138 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 138. NRS 353.195 is hereby amended to read as follows:
353.195 1. The [director] chief is authorized:
(a) To examine all public accounts of agencies in the executive department of the state government.
(b) To administer an oath to and examine under oath, when he deems it necessary, any public official in the executive department of the state government in relation to or concerning his books and accounts.
2. Each such officer shall allow the [director] chief full access to and inspection of his books or of the accounts therein contained, or any records or data pertaining to the conduct of his office, and shall install and maintain the system of accounting as provided for in NRS 353.150 to 353.245, inclusive.
Sec. 14. Section 139 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 1287 (CHAPTER 457, AB 538)κ
Section 139. NRS 353.200 is hereby amended to read as follows:
353.200 The [director of the budget] chief shall have authority:
1. To investigate duplication of work of departments, institutions and agencies in the executive department of the state government.
2. To investigate and study the organization and administration of departments, institutions and agencies in the executive department of the state government.
3. To formulate plans for better and more effective management.
4. To prepare and report to the governor or the legislature, when requested, any information, financial data or statistics which he or it may require, such as monthly or quarterly estimates of the states income and cost figures and information on the current operation of the executive department of the state government.
Sec. 15. Section 140 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 140. NRS 353.210 is hereby amended to read as follows:
353.210 1. On or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the [director of the budget,] chief, and submit to the [director] chief estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
2. The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the [director.] chief. If any department, institution or other agency of the executive department of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the [director] chief shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.
3. Agencies, bureaus, commissions and officers of the legislative department and the judicial department of the state government shall, at the request of the [director,] chief, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
4. On or before October 1 of each even-numbered year, the [director] chief shall deliver copies of the expenditure estimates to the [legislative auditor,] fiscal analyst, together with such other information as required by subsection 1.
κ1963 Statutes of Nevada, Page 1288 (CHAPTER 457, AB 538)κ
the [legislative auditor,] fiscal analyst, together with such other information as required by subsection 1.
Sec. 16. Section 141 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 141. NRS 353.215 is hereby amended to read as follows:
353.215 1. Not later than June 1 of each year the governor shall require the head of each department, institution and agency of the executive department of the state government to submit to him through the [director] chief a work program for the ensuing fiscal year. Such program shall:
(a) Include all appropriations or other funds from any source whatever made available to the department, institution or agency for its operation and maintenance and for the acquisition of property.
(b) Show the requested allotments of appropriations or other funds by quarters for the entire fiscal year.
2. The governor, with the assistance of the [director,] chief, shall review the requested allotments with respect to the work program of each department, institution or agency, and the governor shall, if he deems it necessary, revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriations or other funds from any source whatever made available to the department, institution or agency for the fiscal year in question.
3. The [director] chief shall transmit a copy of the allotments as approved by the governor to the head of the department, institution or agency concerned, to the state treasurer, and to the state controller.
4. All expenditures to be made from the appropriations or other funds from any source whatever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the [director] chief may require.
Sec. 17. Section 142 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 142. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the executive department of the state government, whenever he shall deem it necessary by reason of changed conditions, may revise the work program of his department, institution or agency at the beginning of any quarter during the fiscal year, and submit such revised program to the governor through the [director] chief with a request for revision of the allotments of the remaining quarters of that fiscal year.
2. Every such request for revision shall be submitted to the [director] chief at least 15 days prior to the commencement of the quarter when such revision, if approved, is to become effective. Within 10 days after submission to him the [director of the budget] chief shall transmit the request for revision with his recommendations in writing to the governor. Within 5 days thereafter the governor shall approve or disapprove such request in writing.
κ1963 Statutes of Nevada, Page 1289 (CHAPTER 457, AB 538)κ
3. The governor shall promptly transmit a copy of such approval or disapproval to the [director,] chief, the state controller and to the head of the department, institution or agency making the request.
Sec. 18. Section 143 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 143. NRS 353.225 is hereby amended to read as follows:
353.225 1. In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for operation and maintenance of the various departments, institutions and agencies of the executive department of the state government, the [director,] chief, with the approval in writing of the governor, may require the head of each such department, institution or agency, in making the original allotments, to set aside a reserve in such amount as the [director] chief may determine, out of the total amount appropriated or out of other funds available from any source whatever to the department, institution or agency.
2. At any time during the fiscal year this reserve or any portion of it may be returned to the appropriation or other fund to which it belongs and may be added to any one or more of the allotments, provided the governor shall deem such action necessary and shall so certify in writing, delivering a copy of the certificate to the [director,] chief, the state treasurer and the state controller.
3. Any unexpended and unencumbered balances of allotments at the end of each quarter shall be credited to the reserve set up for the fiscal year.
Sec. 19. Section 144 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 144. NRS 353.230 is hereby amended to read as follows:
353.230 1. The [director] chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the next fiscal year.
2. The [director] chief shall then prepare a budget, in accordance with NRS 353.150 to 353.245, inclusive, and shall deliver the same to the governor prior to the fifth day of the regular legislative session. The governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session.
3. During the consideration of the general appropriation bill, the special appropriation bills and the bills authorizing budgeted expenditures by the departments, institutions and agencies operating on funds designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
κ1963 Statutes of Nevada, Page 1290 (CHAPTER 457, AB 538)κ
appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
Sec. 20. Section 145 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
Section 145. NRS 353.245 is hereby amended to read as follows:
353.245 Every department, institution and agency of the executive department of the state government, when making requests for budgets to be submitted to the Federal Government for funds, equipment, material or services, shall have such request or budget filed in the office of the [director of the budget] chief before submitting it to the proper federal authority. When such federal authority has approved the request or budget, in whole or in part, the department, institution or agency of the state government shall resubmit it to the [director of the budget] chief for recording before any allotment or encumbrance of the federal funds can be made.
Sec. 21. NRS 407.057 is hereby amended to read as follows:
407.057 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] administrator may deem necessary to the efficient operation of the system and the various [divisions] sections thereof. The [director] administrator 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 division of the department of administration and in accordance with the provisions of NRS 331.110.
Sec. 22. Section 45 of the above-entitled act, being Senate Bill No. 24, 52nd session of the Nevada legislature, is hereby repealed.
Sec. 23. The title of the above-entitled act, being Senate Bill No. 24, 52nd session of the Nevada legislature, is hereby amended to read as follows:
An Act to amend NRS 218.085, 218.185, 218.190, 218.240 to 218.260, inclusive, 218.480, 218.500, 218.510, 218.620 to 218.640, inclusive, 218.660, 218.670, 218.690, 218.700, 218.720, 218.740, 218.770 to 218.890, inclusive, 220.040, 220.080 to 220.170, inclusive, 233.080, 331.105, 353.060 to 353.080, inclusive, [353.210,] 353.263, 354.380, 412.235, 458.080 and 482.200, relating to bill, resolution, journal and history books, the amendment clerk, the preparation of legislative measures and the Statutes of Nevada, the legislative counsel bureau, the legislative counsel, the legislative auditor and their powers and duties, the director, employees and powers and duties of the statute revision commission, the preparation, contents, printing and sale of Nevada Revised Statutes, the central mailing room, counts of money in the state treasury, [estimates of expenditures by state agencies,] the state board of examiners emergency fund, the state alcoholism agency, inventories of federal military property, and destruction of unused motor vehicle license plates, the legislative fund, the compilation of legislative journal indices, the legislative commission, its meetings and secretary, the availability of information and records concerning public funds with respect to the legislative counsel, and the Nevada commission on equal rights of citizens, by creating the office of the director of the legislative counsel bureau and three divisions within the legislative counsel bureau; providing for the appointment, compensation and qualifications of the legislative counsel, the research director and the fiscal analyst and their powers and duties; and by abolishing the statute revision commission and the position of legislative auditor; to amend chapter 218 of NRS, relating to the state legislature, by adding new sections prescribing the duties of the heads of the divisions of the legislative counsel bureau; transferring funds; to repeal NRS sections 218.710, 218.730, 218.760, 220.010 to 220.030, inclusive, and 220.050 to 220.070, inclusive, relating to the legislative counsel, the legislative auditor, his appointment and salary, and to the statute revision commission; and providing other matters properly relating thereto.
κ1963 Statutes of Nevada, Page 1291 (CHAPTER 457, AB 538)κ
journal indices, the legislative commission, its meetings and secretary, the availability of information and records concerning public funds with respect to the legislative counsel, and the Nevada commission on equal rights of citizens, by creating the office of the director of the legislative counsel bureau and three divisions within the legislative counsel bureau; providing for the appointment, compensation and qualifications of the legislative counsel, the research director and the fiscal analyst and their powers and duties; and by abolishing the statute revision commission and the position of legislative auditor; to amend chapter 218 of NRS, relating to the state legislature, by adding new sections prescribing the duties of the heads of the divisions of the legislative counsel bureau; transferring funds; to repeal NRS sections 218.710, 218.730, 218.760, 220.010 to 220.030, inclusive, and 220.050 to 220.070, inclusive, relating to the legislative counsel, the legislative auditor, his appointment and salary, and to the statute revision commission; and providing other matters properly relating thereto.
Sec. 24. Section 19 of the above-entitled act, being chapter 378, Statutes of Nevada 1963, is hereby repealed.
Sec. 25. The title of the above-entitled act, being chapter 378, Statutes of Nevada 1963, is hereby amended to read as follows:
An Act incorporating the Nevada state park system in the state department of conservation and natural resources; to amend chapter 232 of NRS and NRS sections 206.320, 232.073, 232.090, 381.205, 381.221, 407.011, 407.015, 407.017, 407.027 to 407.047, inclusive, 407.055, [407.057,] 407.065, 407.077, 407.120 to 407.150, inclusive, 407.170, 407.200, 407.210, 408.285 and 503.640, relating to various functions of the Nevada state park system and the state department of conservation and natural resources, by making technical changes necessitated by the incorporation of such system in such department; to repeal NRS section 407.180, relating to the state ichthyosaur park board; and providing other matters properly relating thereto.
Sec. 26. Sections 14 and 15 of the above-entitled act, being Senate Bill No. 293, 52nd session of the Nevada legislature, are hereby repealed.
Sec. 27. The above-entitled act, being Senate Bill No. 293, 52nd session of the Nevada legislature, is hereby amended to by adding thereto three new sections designated sections 19, 20 and 21, which shall immediately follow section 18 and shall read as follows:
Sec. 19. NRS 673.0354 is hereby amended to read as follows:
673.0354 Upon request of the commissioner, the [superintendent of the state department of] buildings and grounds division of the department of administration shall assign and make available to the commissioner and the board suitable and convenient rooms or space for [the use of the department.] their use.
Sec. 20. Sections 5, 7, 30, 36, 49 to 51, inclusive, 67, 76, 97 to 101, inclusive, and 103 of the above-entitled act, being chapter 339, Statutes of Nevada 1963, are hereby repealed.
Sec. 21. The title of the above-entitled act, being chapter 339, Statutes of Nevada 1963, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 1292 (CHAPTER 457, AB 538)κ
An Act to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the state department of commerce, incorporating the functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations; to amend chapters 645, 657, 673 and 679 of NRS and NRS sections 278.630, 645.010, 645.050, 645.110 to 645.140, inclusive, 645.170, 645.180, 645.200 to 645.230, inclusive, [645.310,] 645.322, 645.343, 645.350, 645.370, 645.390, 645.410 to [645.470,] 645.440, inclusive, 645.490, 645.500, 645.520, 645.540, 645.570, 645.580, 645.600 to 645.620, inclusive, 645.680, [645.690,] 645.760, 645.770, [645.830,] 645.850, 658.010, 658.030, 658.080 to 658.100, inclusive, 658.120, 659.030, 661.020, 662.270, 662.280, 664.030, 665.040, 667.100, [673.003, 673.035, 673.0351, 673.0354, 673.0355,] 673.039, [673.040,] 673.060, 680.010, 680.060 to 680.080, inclusive, 680.100 to 680.140, inclusive, 680.200 and 680.220, relating to various functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations, by making technical changes necessitated by the creation of the department of commerce; to repeal NRS sections 658.040, 679.080, 680.020 and 680.030, relating to the superintendent of banks, the department of insurance, and the insurance commissioners; and providing other matters properly relating thereto.
Sec. 28. The title of the above-entitled act, being Senate Bill No. 293, 52nd session of the Nevada legislature, is hereby amended to read as follows:
An Act resolving conflicts in statutes resulting from enactment of chapter 339, Statutes of Nevada 1963; to amend the title of and to amend an act entitled An Act to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the state department of commerce, incorporating the functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations; to amend chapters 645, 657, 673 and 679 of NRS and NRS sections 278.630, 645.010, 645.050, 645.110 to 645.140, inclusive, 645.170 to 645.230, inclusive, 645.310, 645.322, 645.343, 645.350, 645.370, 645.390, 645.410 to 645.470, inclusive, 645.490, 645.500, 645.520, 645.540, 645.570, 645.580, 645.600 to 645.620, inclusive, 645.680, 645.690, 645.760, 645.770, 645.830, 645.850, 658.010, 658.030, 658.080 to 658.100, inclusive, 658.120, 659.030, 661.020, 662.270, 662.280, 664.030, 665.040, 667.100, 673.003, 673.035, 673.0351, 673.0354, 673.0355, 673.039, 673.040, 673.060, 680.010, 680.060 to 680.080, inclusive, 680.100 to 680.140, inclusive, 680.200 and 680.220, relating to various functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations, by making technical changes necessitated by the creation of the department of commerce; to repeal NRS sections 658.040, 679.080, 680.020 and 680.030, relating to the superintendent of banks, the department of insurance, and the insurance commissioners; and providing other matters properly relating thereto, approved April 12, 1963; to amend the title of and to amend an act entitled An Act to amend NRS sections 645.030, 645.120, 645.190, 645.310, 645.450, 645.460, 645.630, 645.690 and 645.780 to 645.830, inclusive, which define terms and relate to the salary and qualifications of the executive secretary of the Nevada real estate commission, powers of the Nevada real estate commission, moneys received by real estate brokers and salesmen, real estate licensing generally and license fees, increasing the maximum salary of the executive secretary of the real estate commission; by providing for a reference manual; by providing for auditing trust and custodial accounts of brokers; and by amending provisions relating to examinations, license expiration, licensing and fees; to repeal NRS section 645.470, relating to salesmans examinations; and providing other matters properly relating thereto, approved April 2, 1963; to amend chapter 232 of NRS and NRS sections 645.190, 645.310, 645.450, 645.460, 645.690, 645.830, 673.003, 673.035, 673.0354, 673.0355 and 673.040, relating to the state department of conservation and natural resources, real estate brokers and salesmen, and building and savings and loan associations, by incorporating previously enacted conflicting amendments to such chapter and sections; providing duties of the director of the statute revision commission; and providing other matters properly relating thereto.
κ1963 Statutes of Nevada, Page 1293 (CHAPTER 457, AB 538)κ
of insurance, and the insurance commissioners; and providing other matters properly relating thereto, approved April 12, 1963; to amend the title of and to amend an act entitled An Act to amend NRS sections 645.030, 645.120, 645.190, 645.310, 645.450, 645.460, 645.630, 645.690 and 645.780 to 645.830, inclusive, which define terms and relate to the salary and qualifications of the executive secretary of the Nevada real estate commission, powers of the Nevada real estate commission, moneys received by real estate brokers and salesmen, real estate licensing generally and license fees, increasing the maximum salary of the executive secretary of the real estate commission; by providing for a reference manual; by providing for auditing trust and custodial accounts of brokers; and by amending provisions relating to examinations, license expiration, licensing and fees; to repeal NRS section 645.470, relating to salesmans examinations; and providing other matters properly relating thereto, approved April 2, 1963; to amend chapter 232 of NRS and NRS sections 645.190, 645.310, 645.450, 645.460, 645.690, 645.830, 673.003, 673.035, 673.0354, 673.0355 and 673.040, relating to the state department of conservation and natural resources, real estate brokers and salesmen, and building and savings and loan associations, by incorporating previously enacted conflicting amendments to such chapter and sections; providing duties of the director of the statute revision commission; and providing other matters properly relating thereto.
Sec. 29. Sections 9 to 11, inclusive, 33, 148, 150 and 158 of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, are hereby repealed.
Sec. 30. The title of the above-entitled act, being Senate Bill No. 103, 52nd session of the Nevada legislature, is hereby amended to read as follows:
An Act to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the state department of administration incorporating the functions of the director of the budget, the state department of buildings and grounds, the state department of purchasing and the state department of personnel; to amend NRS sections [210.065, 210.470, 220.060,] 230.020, 281.160, 284.015 to 284.030, inclusive, 284.045 to 284.055, inclusive, 284.065, 284.075 to 284.085, inclusive, 284.100 to 284.135, inclusive, [284.140,] 284.145, 284.155 to 284.165, inclusive, 284.175, 284.185, 284.190, 284.200 to 284.210, inclusive, 284.220, 284.230 to 284.255, inclusive, 284.265 to 284.275, inclusive, 284.285 to 284.295, inclusive, 284.310, 284.320, 284.325, 284.335 to 284.355, inclusive, 284.365, 284.375 to 284.385, inclusive, 284.400, 284.405, 284.420, 331.010 to 331.030, inclusive, 331.050, 333.020, 333.030, 333.060 to 333.310, inclusive, 333.330, 333.350 to 333.400, inclusive, 333.420, 333.430, 333.450 to 333.464, inclusive, 333.466, 333.467, 333.470 to 333.500, inclusive, 336.010, 336.040, 353.155, 353.160, 353.175 to 353.200, inclusive, 353.210 to 353.230, inclusive, 353.245, 381.270, 385.340, [407.057,] 419.030, [422.200,] 423.110, 463.028, 463.100, 481.055, 482.145, 561.235, 612.230 [, 673.0354] and 703.120, relating to various functions of the director of the budget, the state department of buildings and grounds, state department of purchasing and the state department of personnel, by making technical changes necessitated by the creation of the department of administration; to repeal NRS sections 284.070, 284.090, 284.095, 333.040, 333.050, 333.440, 353.165 and 353.170, relating to the director of the state department of personnel, the director of the state department of purchasing, central purchasing agencies in departments and the director of the budget; and providing other matters properly relating thereto.
κ1963 Statutes of Nevada, Page 1294 (CHAPTER 457, AB 538)κ
department of purchasing and the state department of personnel, by making technical changes necessitated by the creation of the department of administration; to repeal NRS sections 284.070, 284.090, 284.095, 333.040, 333.050, 333.440, 353.165 and 353.170, relating to the director of the state department of personnel, the director of the state department of purchasing, central purchasing agencies in departments and the director of the budget; and providing other matters properly relating thereto.
________
Assembly Bill No. 3Messrs. Valentine and Christensen
CHAPTER 458
AN ACT to amend chapter 268 of NRS, relating to powers and duties common to cities and towns incorporated by general or special act, by adding a new section requiring governing bodies of cities and towns to place in school zones posted with speed limits signs showing the hours during which the speed limits are to apply; to amend NRS sections 269.185 and 484.090, relating to regulation of vehicular traffic by unincorporated cities and towns and by the department of highways, by requiring that in each school zone where a speed limit has been posted there shall be posted signs showing the hours during which the speed limit is to apply; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The city council or other governing body of each incorporated city or town, whether incorporated by general or special act, shall cause to be displayed, in each school zone where the city or town has posted a speed limit, signs designating the hours of the day or night or both during which the school zone speed limit is to apply.
Sec. 2. NRS 269.185 is hereby amended to read as follows:
269.185 1. In addition to the powers and jurisdiction conferred upon the boards of county commissioners by this chapter, such boards shall have the power:
[1.] (a) To regulate traffic upon the streets and alleys of towns or cities governed by such boards pursuant to this chapter.
[2.] (b) To regulate the speed, parking, stopping, turning and operation of all motor vehicles and other vehicles using the streets and alleys.
[3.] (c) To pass and adopt all ordinances, rules and regulations, and do and perform all acts and things necessary for the execution of the powers and jurisdiction by this section conferred.
2. The boards of county commissioners shall cause to be displayed, in each school zone where the county has posted a speed limit, signs designating the hours of the day or night or both during which the school zone speed limit is to apply.
κ1963 Statutes of Nevada, Page 1295 (CHAPTER 458, AB 3)κ
Sec. 3. NRS 484.090 is hereby amended to read as follows:
484.090 1. The department of highways is authorized to prescribe speed zones, and to install appropriate speed signs controlling vehicular traffic on the state highway system through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.
2. After the establishment of a speed zone and the installation of appropriate speed control signs, any person who drives a motor vehicle upon the public highway and in such speed zone in excess of the speed therein authorized shall be guilty of a misdemeanor.
3. The department of highways shall cause to be displayed, in each school zone where the department has posted a speed limit, signs designating the hours of the day or night or both during which the school zone speed limit is to apply.
________
Assembly Bill No. 248Washoe County Delegation (by request)
CHAPTER 459
AN ACT to amend chapter 245 of NRS, relating to county officers and employees, by adding a new section providing that boards of county commissioners may fix salaries of all appointive county officers and employees in certain cases; to amend NRS sections 3.310, 244.125, 254.010, 256.010 and 258.065, relating to compensation of various appointive county officers and employees, by providing that the boards of county commissioners may fix the compensation of such appointive officers and employees; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 245 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except as otherwise provided by law, boards of county commissioners shall have authority to fix the salaries of all appointive county officers and employees.
Sec. 2. NRS 3.310 is hereby amended to read as follows:
3.310 1. The judge of each district court may appoint a bailiff for the court in counties polling 4,500 or more votes. The bailiff may be appointed and removed at the pleasure of the judge appointing him.
2. In all judicial districts where there is more than one judge, there may be a number of bailiffs at least equal to the number of judges, and in any judicial district where a circuit judge has presided for more than 50 percent of the regular judicial days of the prior calendar year, there may be one additional bailiff, each bailiff to be appointed by the joint action of the judges. If the judges cannot agree upon the appointment of any bailiff within 30 days after a vacancy occurs in the office of bailiff, then the appointment shall be made by a majority of the board of county commissioners.
κ1963 Statutes of Nevada, Page 1296 (CHAPTER 459, AB 248)κ
3. Each bailiff shall:
(a) Preserve order in the court.
(b) Attend upon the jury.
(c) Open and close court.
(d) Perform such other duties as may be required of him by the judge of the court.
4. The bailiff shall be a qualified elector of the county and shall give a bond, to be approved by the district judge, in the sum of $2,000, conditioned for the faithful performance of his duty. The bailiff shall have all the powers of a peace officer.
5. The compensation of each bailiff for his services shall be fixed by the board of county commissioners of the county in which the district is located. [Compensation of bailiffs in judicial districts wherein there is more than one judge shall be not less than $500 per month. Compensation of bailiffs in judicial districts wherein there is only one judge shall be not more than $350 per month.] The salary of each bailiff shall be paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.
6. The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his warrant for the same, and the county treasurer shall pay the same.
7. The provisions of this section shall not be construed:
(a) To authorize the bailiff to serve any civil or criminal process, except such orders of the court which shall be specially directed by the court or the presiding judge thereof to him for service.
(b) To relieve the sheriff of any duty required of him by law to maintain order in the courtroom.
Sec. 3. (There is no section of this number.)
Sec. 4. NRS 244.125 is hereby amended to read as follows:
244.125 1. [Except as provided in subsection 2, the] The county commissioners of any county are authorized to appoint a county manager and to fix the compensation for such county manager. [at a salary not to exceed $15,000 per year.
2. In each county 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, the county commissioners are authorized to appoint a county manager and to fix the compensation for such county manager.
3.] 2. The county manager shall hold his office at the pleasure of the board of county commissioners, and may be removed from office by the board at any time.
Sec. 5. NRS 254.010 is hereby amended to read as follows:
254.010 [1.] The board of county commissioners of any county in this state having a population of not less than [50,000 but not less than 10,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] 5,000 is authorized to appoint a county engineer and to fix his compensation. [at a sum not to exceed $900 per month.
2. The board of county commissioners of any county in this state having a population of 50,000 or more is authorized to appoint a county engineer and to fix his compensation at a sum not to exceed $1,250 per month.]
κ1963 Statutes of Nevada, Page 1297 (CHAPTER 459, AB 248)κ
having a population of 50,000 or more is authorized to appoint a county engineer and to fix his compensation at a sum not to exceed $1,250 per month.]
Sec. 6. NRS 256.010 is hereby amended to read as follows:
256.010 The board of county commissioners of any county in this state having a population of 15,000 or more is empowered:
1. To employ a county statistician.
2. To fix his salary in such sum as the board may deem just and proper. [, not to exceed $220 per month.] The salary shall be paid from the general fund of the county when approved and audited as required by law.
Sec. 7. NRS 258.065 is hereby amended to read as follows:
258.065 1. In any township in this state wherein the population at the last preceding federal decennial census was 25,000 or more, the board of county commissioners may appoint for the constable of any such township a clerk, and provide compensation therefor. [upon the written nomination and recommendation of the duly elected, qualified and acting constable of the township.]
2. The constables clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county.
3. The constables clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.
________
κ1963 Statutes of Nevada, Page 1298κ
Senate Bill No. 272Senators Gallagher, Brown, Lamb and Whitacre (by request of the Legislative Commission)
CHAPTER 460
AN ACT to amend chapter 127 of NRS, relating to adoption of children and adults, by adding new sections directing the welfare division of the department of health and welfare to establish standards and prescribe rules for child-placing agencies; prohibiting persons without licenses to operate child-placing agencies from placing children for adoption or permanent free care and from requesting or receiving compensation for such placement; providing for the issuance and renewal by the welfare division of the department of health and welfare of temporary and permanent licenses to operate child-placing agencies; providing for the refusal to issue licenses, refusal to renew and revocation of licenses after notice and hearing; providing for appeals to the district court; providing for notification to the welfare division of the department of health and welfare of the placement of a child in the home of his prospective adopting parents, and authorizing the division under certain circumstances to seek a court order prohibiting such placement; providing penalties; to amend NRS sections 127.050, 127.120 and 127.185, relating to agencies which may accept relinquishments and consents to adoption, the filing of petitions for the adoption of children with the district court, and advertising concerning placement of children for adoption by unlicensed persons, by authorizing licensed child-placing agencies to accept relinquishments and consents to the adoption of children; authorizing licensed child-placing agencies to verify allegations of court petitions for adoption; providing a penalty for placing children for adoption without a license to operate a child-placing agency; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 3 to 10, inclusive, of this act, person means an individual, partnership, firm, corporation or association.
Sec. 3. 1. The welfare division of the department of health and welfare, with the approval of the state welfare board, shall:
(a) Establish reasonable minimum standards for child-placing agencies.
(b) Prescribe rules for the regulation of child-placing agencies.
2. All licensed child-placing agencies shall conform to the standards established and the rules prescribed pursuant to subsection 1.
Sec. 4. 1. No person other than the parent or guardian of a child may place, arrange the placement of, or assist in placing or in arranging the placement of, any child for adoption or permanent free care without securing and having in full force a license to operate a child-placing agency issued by the welfare division of the department of health and welfare.
2. Nothing in this section shall be construed to prohibit the welfare division of the department of health and welfare from placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care.
Sec. 5. 1. The application for a license to operate a child-placing agency shall be in a form prescribed by the welfare division of the department of health and welfare.
κ1963 Statutes of Nevada, Page 1299 (CHAPTER 460, SB 272)κ
agency shall be in a form prescribed by the welfare division of the department of health and welfare. The license shall state to whom it is issued and the fact that it shall be in force and effect for 1 year from the date of its issuance.
2. The issuance by the welfare division of the department of health and welfare of a license to operate a child-placing agency shall be based upon reasonable and satisfactory assurance to the division that the applicant for such license will conform to the standards established and the rules prescribed by the division as provided in section 3 of this act.
3. When the division is satisfied that a licensee is conforming to such standards and rules, it shall renew his license, and the license so renewed shall continue in force for 1 year from the date of renewal.
Sec. 6. 1. The welfare division of the department of health and welfare may issue to any child-placing agency in existence on July 1, 1963, a temporary license conditionally authorizing such agency to continue its child-placing operations.
2. Every child-placing agency to which such temporary license has been issued shall apply to the division every 6 months for the renewal of such license, and such license shall be renewed if the division is satisfied that the licensee is actively engaged in improving its personnel and operation standards.
3. The division may issue a permanent license to operate a child-placing agency to any holder of a temporary license issued pursuant to subsection 1 when the division is satisfied that such holder will conform to the standards established and the rules prescribed by the division as provided in section 3 of this act.
Sec. 7. 1. No person who does not have in full force a license to operate a child-placing agency issued under section 5 or section 6 of this act may request or accept, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care.
2. A child-placing agency licensed under section 5 or section 6 of this act may accept fees for operational expenses.
Sec. 8. 1. As early as practicable before the placement of a child in the home of his prospective adopting parents for the 30-day residence in such home required by NRS 127.110 prior to the filing of a petition for adoption, notification of such placement shall be given to the welfare division of the department of health and welfare by:
(a) Any person proposing to make the placement; and
(b) The prospective adopting parents of the child.
2. If such placement is to be made by a licensed child-placing agency, the division shall retain such notification for informational purposes only. If such placement is to be made by any other person, the division shall, as soon as practicable, conduct an investigation of the medical, mental, financial and moral background of the prospective adopting parents to determine the suitability of the proposed placement. Such investigation shall also embrace any other relevant factor relating to the qualifications of the prospective adopting parents, but shall not be a substitute for the investigation conducted by the welfare division of the department of health and welfare on behalf of the court under NRS 127.120 when an application for adoption is pending.
κ1963 Statutes of Nevada, Page 1300 (CHAPTER 460, SB 272)κ
but shall not be a substitute for the investigation conducted by the welfare division of the department of health and welfare on behalf of the court under NRS 127.120 when an application for adoption is pending.
3. If, in the opinion of the division, the proposed placement is detrimental to the interests of the child, the division shall file an application with the district court for an order prohibiting such placement. If the court determines that the placement should be prohibited, it may in its discretion order the return of the child to the care and control of his natural parents, but if the parental rights of such parents have been terminated by a relinquishment or a final order of a court of competent jurisdiction or if the parents refuse to accept the child, then the court may order the placement of the child with the welfare division of the department of health and welfare or with any licensed child-placing agency for adoption.
Sec. 9. 1. After notice and hearing, the welfare division of the department of health and welfare may:
(a) Refuse to issue a temporary or permanent license if the division finds that the applicant does not meet the standards established and the rules prescribed by the division pursuant to section 3.
(b) Refuse to renew a temporary or permanent license or may revoke a permanent license if the division finds that the child-placing agency has refused or failed to meet any of the established standards or has violated any of the rules prescribed by the division pursuant to section 3.
(c) Revoke a temporary license if the division finds that the child-placing agency is not making a maximum effort to improve its personnel and operation standards.
2. The time and place for the hearing shall be fixed by the division. A notice of the time and place of the hearing shall be mailed to the last-known address of the applicant or licensee at least 15 days before the date fixed for the hearing.
3. At the hearing, the applicant or licensee shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own behalf.
4. The division shall not be bound by technical rules of evidence.
5. Any applicant or licensee adversely affected by an order of the division may appeal to the district court of the county of his residence within 30 days after the divisions order is made, and the trial of the district court upon such appeal shall be de novo.
Sec. 10. 1. Any person who, without holding a valid license to operate a child-placing agency issued by the welfare division of the department of health and welfare under section 5 or section 6 of this act, requests or receives, directly or indirectly, any compensation or thing of value for placing, arranging the placement of, or assisting in placing or arranging the placement of, any child for adoption or permanent free care is guilty of a felony.
2. The natural parents and the adopting parents shall not be considered accomplices for the purposes of this section.
κ1963 Statutes of Nevada, Page 1301 (CHAPTER 460, SB 272)κ
Sec. 11. NRS 127.050 is hereby amended to read as follows:
127.050 The following may accept relinquishments for the adoption of children from parents and guardians and may consent to the adoption of children:
1. The welfare division of the department of health and welfare, to whom the child has been relinquished for adoption;
2. [A corporation organized and existing under and by virtue of the laws of the State of Nevada as a child-caring agency, to whom the child has been relinquished for adoption; or] A child-placing agency licensed by the welfare division of the department of health and welfare pursuant to section 5 or section 6 of this act, to whom the child has been relinquished for adoption; or
3. Any child-placing agency authorized under the laws of another state to accept relinquishments and make placements, to whom the child has been relinquished for adoption.
Sec. 12. NRS 127.120 is hereby amended to read as follows:
127.120 1. A petition for adoption of a child shall be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the welfare division of the department of health and welfare, which shall make an investigation and report as hereinafter provided. If one petitioner or the spouse of a petitioner is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the investigation by the welfare division.
2. The welfare division or a licensed child-placing agency authorized to do so by the court shall verify the allegations of the petition and investigate the condition and the antecedents of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the minor. The welfare division or the designated agency shall, prior to the date on which the child shall have lived for a period of 6 months in the home of the petitioners or within 30 days after receiving the copy of the petition for adoption, whichever date is later, submit to the court a full written report of its findings, which shall contain a specific recommendation for or against approval of the petition, and shall furnish to the court any other information regarding the child or proposed home which the court may require. The court, on good cause shown, may extend the [welfare divisions] time, designating a time certain, within which to submit a report.
3. If the court is dissatisfied with the report submitted by the welfare division, the court may order an independent investigation to be conducted and a report submitted by such agency or person as the court may select. The costs of such investigation and report may be assessed against the petitioner or charged against the county wherein the adoption proceeding is pending.
[4. No petition for adoption shall be approved unless the child shall have lived for a period of 6 months in the proposed home.]
Sec. 13. NRS 127.185 is hereby amended to read as follows:
127.185 Any person or organization who or which, without holding a valid unrevoked license [or permit] to place children for adoption issued by the welfare division of the department of health and welfare [, advertises] :
κ1963 Statutes of Nevada, Page 1302 (CHAPTER 460, SB 272)κ
issued by the welfare division of the department of health and welfare [, advertises] :
1. Places, arranges the placement of, or assists in placing or in arranging the placement of, any child for adoption or permanent free care; or
2. Advertises in any periodical or newspaper, or by radio or other public medium, that he or it will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption,
is guilty of a misdemeanor.
Sec. 14. The provisions of this act do not apply to placing, arranging the placement of, or assisting in placing or in arranging the placement of, any child for adoption or permanent free care which child was relinquished by its parent or parents for such purpose prior to July 1, 1963.
________
Senate Bill No. 275Senator Brown
CHAPTER 461
AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section authorizing the boards of county commissioners to budget, contract and pay for special censuses taken under federal supervision; and providing other matters properly relating thereto.
[Approved April 26, 1963]
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. If any board of county commissioners determines that it is advisable to have a special census taken, it may contract with the Bureau of the Census of the United States Department of Commerce to have a special census conducted under federal supervision.
2. The necessary expenses of the special census shall be paid by the county, and upon obtaining an estimate of the cost of such special census the board of county commissioners shall budget such cost in the same manner as other items of the budget.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 1303κ
Senate Bill No. 284Committee on Finance
CHAPTER 462
AN ACT authorizing the issuance of $1,650,000 of the states negotiable, coupon, general obligation bonds and their delivery to Marlette Water Company, a Nevada corporation, for the purchase of the companys water rights, land, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water by the Marlette Lake Company in Washoe, Ormsby and Storey Counties, Nevada; finding and declaring that the acquisition by contract between the State of Nevada and Marlette Water Company of such property is both expedient and advisable for the protection and preservation of the natural resources of the State of Nevada and for the purposes of obtaining and continuing the benefits thereof now and in future years for the state and its citizens; authorizing the issuance of such bonds within the provisions of the second paragraph of section 3 of article 9 of the constitution of the State of Nevada and notwithstanding the limitation of indebtedness imposed by the first paragraph of section 3 of article 9 of the constitution of the State of Nevada; authorizing the state land register to execute a contract of purchase for such property with Marlette Water Company and delineating some of the provisions of such contract; creating a state bond commission and directing such commission to issue and deliver the negotiable, coupon, general obligation bonds of the State of Nevada in the principal amount of $1,650,000, for the purchase of such property; prescribing other details and conditions concerning such bonds; requiring annually the levy and collection of a special property (ad valorem) tax to pay the interest on the bonds and to pay and retire the same and providing for the keeping of the proceeds of such tax in special funds; making an appropriation for the use of the state bond commission; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Marlette Lake Company, a Nevada corporation, has offered to sell to the State of Nevada for $1,650,000 of the states negotiable, coupon, general obligation bonds, hereinafter in this act more fully described, its water rights, 5,377.91 acres more or less of land, easements, pipelines, flumes and such other fixtures and appurtenances as are used in connection with the collection, transmission and storage of water by the Marlette Lake Company in Washoe, Ormsby and Storey Counties, Nevada, more particularly described as follows:
LANDS
T. 15 N., R. 18E., M.D.B. & M. (Marlette Lake Property)
Sec. 1: SE 1/4; S 1/2 of NE 1/4; W 1/2
Sec. 12: E 1/2; E 1/2 of SW 1/4; SW 1/4 of SW 1/4
Sec. 13: NE 1/4; E 1/2 of SE 1/4; NW 1/4 of SE 1/4; NW 1/4
T. 15 N., R. 19 E., M.D.B. & M. (Marlette Lake Property)
Sec. 7: Lots 1 and 2 of SW 1/4; S 1/2 of Lot 2 of NW 1/4
Sec. 18: Lot 2 of SW 1/4; Lot 2 of NW 1/4
T. 15 N., R. 19 E., M.D.B. & M. (Sharock Property)
Sec. 4: SW 1/4
Sec. 7: E 1/2
Sec. 8: (complete) Sec.
κ1963 Statutes of Nevada, Page 1304 (CHAPTER 462, SB 284)κ
Sec. 17: N 1/2 of NW 1/4
Sec. 18: NE 1/4 of NE 1/4
Sec. 19: Lot 2 of NW 1/4
T. 15 N., R. 19 E., M.D.B. & M. (Hobart Property)
Sec. 5: SE 1/4; S 1/2 of NE 1/4
T. 15 N., R. 19 E., M.D.B. & M. (Syphon Inlet Property)
Sec. 3: N 1/2 of NW 1/4
T. 16 N., R. 19 E., M.D.B. & M. (Hobart Property)
Sec. 30: SW 1/4; S 1/2 of NW 1/4 (subsurface rights only)
Sec. 31: W 1/2; SE 1/4; NE 1/4
Sec. 32: S 1/2; N 1/2
Sec. 33: W 1/2; SE 1/4
Sec. 34: SE 1/4
T. 16 N., R. 19 E., M.D.B. & M. (Lakeview Property)
Sec. 36: A parcel of land lying in Washoe and Ormsby Counties and being a portion of the SW 1/4 of the NW 1/4 of the NW 1/4 of the SW 1/4 of Section 36, T. 16 N., R. 19 E., M.D.B. & M., on the southwesterly side of Highway 395 and containing the buildings and water control facilities at Lakeview, further described as follows:
Beginning on the southwesterly right-of-way line of such highway 90 feet left of station L.S. 180+80; thence running southwest 540 feet; thence southeast 250 feet; thence northeast 540 feet more or less to the highway right-of-way line, thence along the right-of-way line northwest 250 feet to the point of beginning. Containing 3.1 acres more or less.
T. 16 N., R. 20 E., M.D.B. & M. (Five Mile Reservoir Property)
Sec. 2: S 1/2 of SE 1/4
WATER RIGHTS
T. 15 N., R. 18 and 19 E., M.D.B. & M. (Marlette Lake Waters)
All rights of beneficial use and flow (including source; place, manner and period of use; points and means of diversion; amount and priority of appropriation) owned or held with respect to all the waters draining into Marlette Lake from the surrounding watershed located in Secs. 1, 12, 13 and 24, T. 15 N., R. 18 E., and Secs. 6, 7 and 18, T. 15 N., R. 19 E., and to all the waters and storage thereof in Marlette Lake located in Secs. 12 and 13, T. 15 N., R. 18 E., and Secs. 7 and 18, T. 15 N., R. 19 E., or any enlargement thereof or supplement thereto.
T. 15 and 16 N., R. 19 E., M.D.B. & M. (Hobart Creek and Franktown Creek Watershed Waters)
All rights of beneficial use and flow (including source; place, manner and period of use; points and means of diversion; amount and priority of appropriation) owned or held with respect to the water of Hobart Creek (tributary to Franktown Creek) and certain waters in the Franktown Creek Watershed proper having sources in the eastern slopes of the Sierra Nevada Mountains at and above Red House located in Secs.
κ1963 Statutes of Nevada, Page 1305 (CHAPTER 462, SB 284)κ
in Secs. 30, 31 and 32, T. 16 N., R. 19 E., and Secs. 4, 5, 6, 7, 8, 9, 17 and 18, T. 15 N., R. 19 E., and to all the waters and storage thereof in Hobart Reservoir located in S 1/2 of NE 1/4 and SE 1/4 of Sec. 5, T. 15 N., R. 19 E., or any enlargement thereof or supplement thereto, all as more fully set forth and defined in Proof No. 02419, forming part of Findings of Fact and Conclusions of Law, Judgment and Decree entered July 11, 1960, in Case No. 182,418, Dept. No. 1, Second Judicial District Court of the State of Nevada, in and for the County of Washoe.
T. 16 N., R. 20 E., M.D.B. & M. (Five Mile Reservoir)
All rights owned or held with respect to all the waters and storage thereof in Five Mile Reservoir located in the S 1/2 of SE 1/4 of Sec. 2.
T. 16 N., R. 18 and 19 E., M.D.B. & M. (North Flume Area)
All rights of beneficial use and flow (including source; place, manner and period of use; points and means of diversion; amount and priority of appropriation) owned or held with respect to all the waters of Mill Creek, Tunnel Creek and others draining into North Flume from the surrounding watershed located in Secs. 13, 24 and 25, T. 16 N., R. 18 E., and Secs. 18, 19 and 30, T. 16 N., R. 19 E., and draining into the Tunnel located in Sec. 25, T. 16 N., R. 18 E., and Sec. 30, T. 16 N., R. 19 E.
EASEMENTS
Access Roads (Nonexclusive use)
1. Road running northerly from Sec. 1, T. 14 N., R. 18 E., near Spooners Summit to Marlette Lake, right-of-way based on rights of record, written easement grants and United States Forest Service use permits.
2. Road running from Marlette Lake northeasterly to Hobart Creek Reservoir located in Sec. 5, T. 15 N., R. 19 E., right-of-way based on rights of record and written easement grants.
3. Road running from Hobart Reservoir, easterly, to the Syphon Inlet (tanks) located in N 1/2 of NW 1/4 of Sec. 3, T. 15 N., R. 19 E., right-of-way based on rights of use and rights of record.
4. Road running from the Syphon Inlet, northeasterly to Lakeview, located in the W 1/2 of Sec. 36, T. 16 N., R. 19 E., right-of-way based on rights of record and written easement grants.
5. Road running from Lakeview, northeasterly, to Five Mile Reservoir, located in the S 1/2 of SE 1/4 of Sec. 2, T. 16 N., R. 20 E., right-of way based on written easement grants and United States B.L.M. use permits.
6. Road running from Hobart Reservoir, northerly, and easterly through Red House diversion point (located in Sec. 32, T. 16 N., R. 19 E., to old Franktown highway in the SW 1/4 of Sec.
κ1963 Statutes of Nevada, Page 1306 (CHAPTER 462, SB 284)κ
of Sec. 22, T. 16 N., R. 19 E., right-of-way based on rights of use, rights of record and written easement grants.
7. Road running from Sec. 29, T. 16 N., R. 19 E., (intersection with Red House road), northwesterly over the Tunnel (located in Secs. 25, T. 16 N., R. 18 E., and 30, T. 16 N., R. 19 E.) to State Highway 28 in Sec. 23, T 16 N., R. 18 E., right-of-way based on rights of use, rights of record and written easement grants.
Flume and Pipeline Easements
1. Easement for pipeline running from Marlette Lake northerly to the west portal of the Tunnel located in Sec. 25, T. 16 N., R. 18 E., right-of-way based on rights of record, written easement grants and United States Forest Service use permits.
2. Easement for flume (or pipeline) running southeasterly from the east portal of the Tunnel located in Sec 30, T. 16 N., R. 19 E., to Red House diversion point located in Sec. 32, T. 16 N., R. 19 E., right-of-way based on rights of record and written easement grants.
3. Pipeline easement running in a semicircular route in a northerly and easterly direction from Red House diversion point to the Syphon Inlet (tanks) located in the N 1/2 of the NW 1/4 of Sec. 3, T. 15 N., R. 19 E., right-of-way based on ancient rights of use, rights of record and written easement grants.
4. High pressure syphon pipeline easement from the Syphon Inlet (tanks) running northeasterly through Lakeview (Sec. 36, T. 16 N., R. 19 E.) terminating at the Syphon Outlet in the SW 1/4 of Sec. 15, T. 16 N., R. 20 E., right-of-way based on written easement grants and United States B.L.M. use permits.
5. Pipeline easement from the Syphon Outlet running northeasterly to Five Mile Reservoir located in the S 1/2 of SE 1/4 of Sec. 2, T. 16 N., R. 20 E., right-of-way based on written easement grants and United States B.L.M. use permits.
6. Easement for flume (or pipeline) from the SE 1/4 of Sec. 13, T. 16 N., R. 18 E., running southerly to the west portal of the Tunnel located in the E 1/2 of Sec 25, T. 16 N., R. 18 E., right-of-way based on rights of record.
Hobart Creek Easement
Right to flow water from Hobart Reservoir located in the E 1/2 of Sec. 5, T. 15 N., R. 19 E., down Hobart Creek (northerly) to Red House point of diversion located in the S 1/2 of Sec. 32, T. 16 N., R. 19 E., right-of-way based on rights of record.
κ1963 Statutes of Nevada, Page 1307 (CHAPTER 462, SB 284)κ
Tunnel
Easement for a Tunnel running from the E 1/2 of Sec. 25, T. 16 N., R. 18 E., to the W 1/2 of Sec. 30, T. 16 N., R. 19 E., in a general east-west direction, right-of-way based on rights of record.
Marlette Lake
Special Use Permit granted by United States Forest Service with respect to NW 1/4 of Sec. 18, T. 15 N., R. 19 E., and NW 1/4 of Sec. 12, T. 15 N., R. 18 E.
Together with, as to all the aforesaid lands, water rights and easements, all improvements, tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the reversion and reversions, remainder and remainders, rents, issues and profits thereof, including but not by way of limitation, all water collection, storage, transmission and distribution facilities, aqueducts, ditches, tunnels, tanks, watergates, flumes, weirs, syphons, watercourses, dams, culverts, bridges, water conduits, watermeters, pipelines and flume lines, and all other rights, powers and privileges, from the sources of the water in the North Flume area, Hobart Creek and Franktown Creek Watershed and Marlette Lake, to and including a point on the pipeline leading easterly from the easterly outlet of the Five Mile Reservoir to Virginia City, Storey County, Nevada, which point is located approximately 600 feet, more or less, easterly from such outlet and at which there is presently installed a watermeter.
Subject, however, to:
1. The rights of Denney Logging Company to cut certain standing timber located in Sections 12 and 13, T. 15 N., R. 18 E., M.D.B. & M., involving 100 acres, more or less, as defined in an agreement dated November 30, 1961, with Marlette Lake Company, a Nevada corporation.
2. The rights of Virginia City Water Company, a Nevada corporation, Carson Water Company, a Nevada corporation, and the State of Nevada, as to deliveries of water from the aforesaid system.
3. All governmental approvals, federal, state and municipal, required in connection with the foregoing lands, water rights and easements; all concurrent obligations of the Marlette Lake Company thereunder to be expressly assumed by the State of Nevada.
And together with all personal property located on and used in connection with the aforesaid lands, water rights and easements.
Sec. 2. After considered judgment and consideration of the provisions of and the authority contained in the second paragraph of section 3 of article 9 of the constitution of the State of Nevada, the legislature finds and declares that the acceptance by the State of Nevada of the offer of Marlette Lake Company to sell the property described in section 1 to the state is both expedient and advisable for the protection and preservation of the natural resources of the State of Nevada and for the purposes of obtaining and continuing the benefits thereof now and in future years for the state and its citizens.
κ1963 Statutes of Nevada, Page 1308 (CHAPTER 462, SB 284)κ
State of Nevada and for the purposes of obtaining and continuing the benefits thereof now and in future years for the state and its citizens. Subject to the conditions hereinafter contained, the execution of a contract by the State of Nevada with Marlette Lake Company is hereby expressly authorized for the purchase by the state of the property described in section 1, payment therefor by the state to be made by the issuance of the states negotiable, coupon, general obligation bonds in the principal amount of $1,650,000 pursuant to the authority contained in the second paragraph of section 3 of article 9 of the constitution of the State of Nevada and notwithstanding the limitation of indebtedness imposed by the first paragraph of section 3 of article 9 of the constitution of the State of Nevada.
Sec. 3. 1. When, after the effective date of this act, Marlette Lake Company provides the state land register with a preliminary report on title issued by a title insurance company authorized to transact business in the State of Nevada showing the title of the property described in section 1 to be in Marlette Lake Company, free and clear of all encumbrances, except as otherwise expressly provided for in section 1, and after examination and approval of such preliminary report on title by the attorney general, the state land register, on behalf of the State of Nevada, may execute a contract with Marlette Lake Company for the purchase of such property.
2. Among other things, the contract shall provide that:
(a) Marlette Lake Company, as grantor, will execute and deliver to the State of Nevada, as grantee, a grant, bargain and sale deed conveying the real property described in section 1, together with necessary bills of sale and other documents of title relating to the personal property sold, and a policy or policies of title insurance issued by a title company or companies authorized to transact business in the State of Nevada insuring title in the State of Nevada in the amount of $1,650,000. The premium therefor shall be paid by Marlette Lake Company.
(b) The State of Nevada, by and through its officers hereinafter designated, shall issue and deliver to Marlette Lake Company the states negotiable, coupon, general obligation bonds in the principal amount of $1,650,000, the bonds to bear interest at the rate of 3 percent per annum, to mature serially within not to exceed 20 years from the date of their issue and to contain a provision against prior redemption and such other terms and provisions as the state and Marlette Lake Company may determine.
3. Upon the execution of the contract herein authorized, the state land register shall deliver a copy thereof to the state bond commission hereinafter created and thereafter it shall be the mandatory duty of such commission to issue the bonds on behalf of the State of Nevada and deliver the same to Marlette Lake Company.
Sec. 4. 1. The state bond commission (hereinafter in this act called the commission) consisting of the governor, the secretary of state and the state treasurer is hereby created.
2. Upon receipt of a copy of the executed contract as provided in subsection 3 of section 3, the commission shall proceed to issue the bonds.
κ1963 Statutes of Nevada, Page 1309 (CHAPTER 462, SB 284)κ
bonds. The authority to issue the bonds shall be deemed and considered a continuing authority to issue and deliver the bonds and the lapse of time shall not be considered as exhausting or limiting the full authority conferred by the legislature on the commission, but no bonds shall be issued by the commission after the expiration of 5 years from the effective date of this act.
3. The bonds shall:
(a) Be of denominations of $1,000.
(b) Be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest.
(c) Mature serially in regular numerical order at annual intervals, and in equal amounts of principal commencing 1 year from the date of the bonds and ending 20 years therefrom.
(d) Bear interest at a rate of 3 percent per annum, the interest on each bond to be payable annually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year.
(e) 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 commission.
(f) Unless they are registered for payment as to principal and interest, 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.
(g) Not be subject to redemption prior to their respective maturities.
(h) Otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the commission.
(i) Subject to the payment provisions herein expressly provided, and any interest coupons thereto attached, be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
Sec. 5. 1. The bonds shall be executed in the name of and on behalf of the State of Nevada, signed by the governor, and countersigned by the state treasurer, with the great seal of the State of Nevada affixed thereto.
2. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the state treasurer.
3. Use of facsimile signatures and seals on the bonds is authorized pursuant to the Uniform Facsimile Signatures of Public Officials Act, being chapter 4, Statutes of Nevada 1963, as it may from time to time be amended and supplemented.
Sec. 6. 1. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the State of Nevada, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
2. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupon pertaining thereto, or upon both the bond and such coupons.
κ1963 Statutes of Nevada, Page 1310 (CHAPTER 462, SB 284)κ
the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupon pertaining thereto, or upon both the bond and such coupons.
Sec. 7. The legality of the bond issue shall be approved by an attorney or attorneys selected by Marlette Lake Company whose unqualified approving opinion, together with the printed bonds, will be furnished Marlette Lake Company without charge by the State of Nevada.
Sec. 8. 1. Before the commission shall deliver bonds under this act, all such bonds shall be registered by the state treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds.
(b) The time of payment.
(c) The rate of interest the bonds bear.
3. After registration by the state treasurer, the state treasurer shall cause the bonds to be delivered to Marlette Lake Company upon receipt by him of the deed, bills of sale, documents of title and title insurance policies as provided in subsection 2 of section 3.
Sec. 9. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the state:
1. Proof of ownership;
2. Proof of loss or destruction;
3. A surety bond in twice the face amount of the bond and coupons; and
4. Payment of the cost of preparing and issuing the new bond.
Sec. 10. Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
Sec. 11. There shall be levied annually a special tax on all property, both real and personal, subject to taxation within the boundaries of the State of Nevada, including the net proceeds of mines, sufficient to pay the interest on the bonds and to pay and retire the same as provided in this act; and the amount of money to be raised by such tax shall be included in the annual estimate or budget for each county in the state for each year for which such tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected. The proceeds thereof levied to pay interest on the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, which two special funds shall be used for no other purpose than the payment of the interest on the bonds and the principal thereof, respectively, as the same shall fall due. Such tax shall be levied immediately after the issuance of any bonds herein authorized, at the times and in the manner provided by law, and annually thereafter until all of the bonds, and the interest thereon, shall have been discharged.
κ1963 Statutes of Nevada, Page 1311 (CHAPTER 462, SB 284)κ
the issuance of any bonds herein authorized, at the times and in the manner provided by law, and annually thereafter until all of the bonds, and the interest thereon, shall have been discharged. Any sums coming due on the bonds at any time when there are not on hand from such tax levy or levies sufficient funds to pay the same shall be promptly paid when due from the general fund of the state, reimbursement to be made to such general fund in the sums thus advanced when the taxes herein provided for shall have been collected. Nothing herein contained shall be so construed as to prevent the state from applying any other funds that may be available for that purpose to the payment of the interest or principal as the same respectively mature, including, without limiting the generality of the foregoing, the payment of the bonds as provided in section 10 hereof, and upon such payments, the levy or levies here provided may thereupon to that extent be diminished. In any year in which the total taxes levied by all overlapping units within the boundaries of the State of Nevada 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 and all such units, the reduction so made shall be in taxes levied by such unit or units (including the state) for purposes other than the payment of their bonded indebtedness, including interest thereon. The taxes levied hereafter for the payment of such bonded indebtedness and the interest thereon, shall always enjoy a priority over taxes levied by each such unit (including the state) for all other purposes where reduction is necessary to comply with the limitations of section 2 of article 10 of the constitution of the State of Nevada.
Sec. 12. The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as provided in this act.
Sec. 13. The bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 14. 1. There is hereby appropriated from the general fund in the state treasury to the commission the sum of $20,000.
2. Within the limitations of the appropriation made by subsection 1, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and delivery of the bonds. All expenses incurred for the preparation and delivery of the bonds are legal charges against the moneys appropriated by subsection 1.
3. After the delivery of the bonds any balance remaining of the moneys herein appropriated shall revert to the general fund in the state treasury.
Sec. 15. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
κ1963 Statutes of Nevada, Page 1312 (CHAPTER 462, SB 284)κ
acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof.
Sec. 16. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
Sec. 17. No property acquired by the State of Nevada pursuant to the provisions of this act shall be sold or disposed of except pursuant to express authority from the legislature, and all such property shall be held subject to any limitations, covenants, conditions and reversions that may be contained in the contract or conveyances under which the property was acquired.
Sec. 18. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, and the protection and preservation of the natural resources of the state, it shall be liberally construed to effect its purpose.
Sec. 19. 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. 20. This act shall become effective upon passage and approval.
________
Senate Bill No. 296Committee on Finance
CHAPTER 463
AN ACT to amend chapter 332 of NRS, relating to public buildings and property, by adding new sections creating the Marlette water system and defining its purposes; providing for the supervision and administration of such water system; requiring the state department of conservation and natural resources to cooperate in the supervision and administration of the water system; creating the Marlette Lake water system working capital fund in the state treasury, designating the sources and uses of moneys therein and making an appropriation from the general fund in the state treasury to such working capital fund; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 332 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. The Marlette Lake water system, comprised of the water rights, land, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Washoe, Ormsby and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
κ1963 Statutes of Nevada, Page 1313 (CHAPTER 463, SB 296)κ
rights, land, easements, pipelines, flumes and other fixtures and appurtenances used in connection with the collection, transmission and storage of water in Washoe, Ormsby and Storey Counties, Nevada, acquired by the State of Nevada pursuant to law, is hereby created.
2. The purposes of the Marlette Lake water system are:
(a) To preserve and protect the sources of water.
(b) To provide adequate supplies of water to the areas served.
(c) To improve and preserve the watershed.
(d) To maintain distribution lines, flumes, dams, culverts, bridges and all other appurtenances of the system in a condition calculated to assure dependable supplies of water.
(e) To sell water under equitable and fiscally sound contractual arrangements.
3. The department of administration is designated as the state agency to supervise and administer the functions of the Marlette Lake water system.
4. The director of the department of administration may assign the supervision and administration of the functions of the Marlette Lake water system to one of the divisions of the department or may establish a separate division to carry out the purposes of sections 2 to 4, inclusive, of this act.
5. Subject to the limit of funds provided by legislative appropriation or expenditures authorized pursuant to the provisions of chapter 353 of NRS, or both, the chief of the division shall employ necessary staff to carry out the provisions of sections 2 to 4, inclusive, of this act. The water system supervisor employed by the private owner of the system on the date of acquisition by the State of Nevada shall be employed by the chief of the division, which position shall be in the unclassified service of the state until such employee terminates his employment with the state. Thereafter such position shall be in the classified service of the state.
Sec. 3. The state department of conservation and natural resources is directed to cooperate in carrying out the purposes of sections 2 to 4, inclusive, of this act. The director of the department of administration is empowered to allocate moneys appropriated by the legislature or authorized to be expended pursuant to the provisions of chapter 353 of NRS for the Marlette Lake water system to the state department of conservation and natural resources for the purpose of carrying out the provisions of sections 2 to 4, inclusive, of this act.
Sec. 4. 1. The Marlette Lake water system working capital fund is hereby created in the state treasury. Such fund shall not revert to the general fund nor shall it be transferred.
2. The Marlette Lake water system working capital fund shall be used for the:
(a) Deposit of revenue resulting from the sale of water and any other receipts.
(b) Payment of costs of operation in accordance with the provisions of chapter 353 of NRS.
κ1963 Statutes of Nevada, Page 1314 (CHAPTER 463, SB 296)κ
3. At the end of each fiscal year, the state controller is directed to transfer the difference between revenue received and costs of operation paid out during the fiscal year to the consolidated bond interest and redemption fund to reduce the ad valorem tax necessary for amortization of and payment of interest on the general obligation bonds of the State of Nevada issued to acquire the Marlette Lake water system. When such bond principal and interest have been fully paid any excess of revenue over costs of operation shall be transferred by the state controller to the general fund in the state treasury at the close of business at the end of each fiscal year.
Sec. 5. There is hereby appropriated from the general fund in the state treasury to the Marlette Lake water system working capital fund the sum of $25,000.
Sec. 6. This act shall become effective only after the State of Nevada has acquired the Marlette Lake water system pursuant to law.
________
Senate Bill No. 297Committee on Judiciary
CHAPTER 464
AN ACT to amend chapter 213 of NRS, relating to pardons and paroles, remissions of fines and commutations of punishments, by adding a new section providing an annual salary for certain justices of the supreme court as members of the state board of pardons commissioners.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 213 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $18,000 shall, as a member of the board, receive an annual salary of $2,000.
2. Any member of the board whose annual salary as a justice of the supreme court is fixed by statute in the sum of $20,000 shall receive no salary as a member of the board.
3. The salaries provided for in this section shall be paid out of moneys provided by direct legislative appropriation from the general fund.
________
κ1963 Statutes of Nevada, Page 1315κ
Senate Bill No. 302Committee on Finance
CHAPTER 465
AN ACT making an appropriation from the general fund in the state treasury to the legislative commission for the purposes of engaging the services of engineers and appraisers to make engineering studies and appraisals of the Marlette Lake water system if and when such water system is acquired by the State of Nevada pursuant to law; requiring that reports and recommendations resulting from such studies and appraisals be made available to the 53rd session of the legislature of the State of Nevada; requiring the state department of conservation and natural resources to cooperate with the legislative commission and the engineers and appraisers employed by the commission; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. If and when the Marlette Lake water system is acquired by the State of Nevada pursuant to law there is hereby appropriated from the general fund in the state treasury to the legislative commission the sum of $20,000.
2. The moneys herein appropriated may be expended by the legislative commission for the purposes of engaging the services of qualified engineers, appraisers and other technical persons to make:
(a) Engineering studies of the water system, with particular emphasis on, but not limited to, the necessity of replacement of all or any portion of such system, replacement costs and required improvements and extensions; and
(b) Appraisals of the value of the land, fixtures and improvements constituting the water system.
Sec. 2. If such engineering studies and appraisals are made pursuant to the provisions of this act, the reports thereof and the recommendations made in connection therewith shall be made available to the 53rd session of the legislature of the State of Nevada by the legislative commission.
Sec. 3. The personnel of the state department of conservation and natural resources shall cooperate with the legislative commission and the engineers and appraisers employed by the legislative commission pursuant to this act, and shall make available all information, data and materials in the possession of the state department of conservation and natural resources pertinent to the Marlette Lake water system.
Sec. 4. Any moneys herein appropriated remaining unexpended on July 1, 1965, shall revert to the general fund in the state treasury.
________
κ1963 Statutes of Nevada, Page 1316κ
Senate Bill No. 307Committee on Finance
CHAPTER 466
AN ACT to amend NRS sections 616.130 and 616.135, relating to the commissioners representative of labor and employers on the Nevada industrial commission, by increasing the salaries of such commissioners.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.130 is hereby amended to read as follows:
616.130 1. One of the commissioners shall be representative of labor and shall be selected by the governor for appointment from the individuals whose names are submitted to him, one by the Nevada State Federation of Labor affiliated with the American Federation of Labor, and one by the Congress of Industrial Organizations for the State of Nevada.
2. The annual salary of the commissioner representative of labor shall be [$11,000.] $12,000.
3. The present commissioner whose term expires on September 3, 1955, is hereby determined to be the representative of labor. The successor of the commissioner representative of labor shall be deemed to represent labor.
Sec. 2. NRS 616.135 is hereby amended to read as follows:
616.135 1. One of the commissioners shall be representative of employers and shall be selected by the governor for appointment from the individuals whose names are submitted to him by recognized associations and employer groups located in the state.
2. The annual salary of the commissioner representative of employers shall be [$11,000.] $12,000.
3. The present commissioner whose term expires on June 23, 1955, is hereby determined to be the representative of employers. The successor of the commissioner representative of employers shall be deemed to represent employers.
________
Senate Bill No. 95Senator Dial
CHAPTER 467
AN ACT to amend NRS section 692.135, relating to definitions as used in policies of accident and sickness insurance, by including services rendered by a chiropractic physician within the definition of medical or surgical services; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 692.135 is hereby amended to read as follows:
692.135 As used in any policy of accident and sickness insurance delivered, issued for delivery or used in this state, unless otherwise provided in the policy or in an endorsement thereon or in a rider attached thereto:
κ1963 Statutes of Nevada, Page 1317 (CHAPTER 467, SB 95)κ
delivered, issued for delivery or used in this state, unless otherwise provided in the policy or in an endorsement thereon or in a rider attached thereto:
1. Accidental death means death by accident exclusively and independently of all other causes.
2. Confinement to house or house confinement includes the activities of a convalescent not able to be gainfully employed.
3. Medical or surgical services includes services rendered by: [a]
(a) A chiropodist licensed pursuant to the provisions of chapter 635 of NRS.
(b) A chiropractic physician licensed pursuant to the provisions of chapter 634 of NRS.
4. Total disability means inability to perform the duties of any gainful occupation for which the insured is reasonably fitted by training, experience and accomplishment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 257Senator Monroe
CHAPTER 468
AN ACT to amend NRS section 108.300, relating to liens of dealers, repairmen, garagemen and trailer park keepers, by establishing liability of insurance companies for the cost of towing or repair of certain vehicles; by requiring notice to such companies; and by providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.300 is hereby amended to read as follows:
108.300 1. The lien created in NRS 108.270 to 108.360, inclusive, shall not deprive such motor vehicle or airplane dealer, garage, trailer park or airport keeper, or automobile or airplane repairman, of any remedy allowed by law to a creditor against his debtor from the collection of all charges and advances which he has made in connection with any work or services, or supplies, facilities or accessories furnished for, on or about any motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer pursuant to an expressed or implied contract between such motor vehicle or airplane dealer, garageman, garage, trailer park or airport keeper, or automobile or airplane repairman, and the owner, or the representative of the owner of such motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer.
2. Any insurance company, having outstanding and in effect appropriate insurance coverage therefor, which has been given notice in writing of a debt or obligation incurred for the towing or repair of any motor vehicle damaged by an insured of the company, for which the insured is legally responsible, shall become, subject to the conditions and provisions of such insurance policy, indebted to the claimant for such towing or repair services, for the reasonable expenses incurred for towing or repair of the vehicle, if such claimant has given notice to the company or its agent at least 3 days prior to the date of any settlement or award effected by the company in connection therewith.
κ1963 Statutes of Nevada, Page 1318 (CHAPTER 468, SB 257)κ
and provisions of such insurance policy, indebted to the claimant for such towing or repair services, for the reasonable expenses incurred for towing or repair of the vehicle, if such claimant has given notice to the company or its agent at least 3 days prior to the date of any settlement or award effected by the company in connection therewith.
3. In determining the amount of the indebtedness for such towing or repairing of a damaged vehicle, the insurance company is not responsible for any sum of money over and above the sum of such entire settlement or award, or the entire amount of the policy property damage coverage, whichever is the lesser.
4. Any payment made by the company pursuant to this section shall relieve the company from further liability in connection with towing or repairing of the damaged vehicle.
________
Assembly Bill No. 545Committee on State, County and City Affairs
CHAPTER 469
AN ACT authorizing the execution of bonds of any school district in the State of Nevada by the facsimile signature of the county treasurer of the county in which the school district is located; validating and ratifying bonds of any such school district so executed prior to the effective date of this act with the facsimile signature of such county treasurer; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The treasurers of various counties in the State of Nevada are hereby authorized and empowered to execute the bonds of any school district located in their respective counties with facsimiles of the signatures of such county treasurers.
Sec. 2. Any bonds heretofore so executed with the facsimile signatures of such county treasurers are hereby validated and ratified insofar as their validity is affected by the failure to have such bonds manually executed by the respective county treasurers, provided, that the facsimile of the signature of the county treasurer appears upon such bonds.
Sec. 3. Nothing herein contained shall be construed as a legislative interpretation of chapter 4, Statutes of Nevada, 1963, enacted by the people of the State of Nevada, represented in Senate and Assembly, on the 14th day of February, 1963, excluding the treasurers of the various counties of the state from the terms thereof.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 1319κ
Assembly Bill No. 345Committee on Ways and Means
CHAPTER 470
AN ACT to amend chapter 287 of NRS, relating to group insurance and social security, by adding new sections creating the committee on group insurance; providing for the composition of the committee; requiring the committee to purchase group policies for all state officers and employees who elect to participate in such program; providing for payment by the state of a part of the cost of the premiums of group insurance; prescribing the qualifications for eligibility of state officers and employees to participate in the program; authorizing such officers and employees to retain their membership in the program after termination of their employment; making participation in the program voluntary; creating the group insurance premium fund and authorizing disbursements from such fund; appropriating sums of money from the general fund in the state treasury and from the state highway fund to the group insurance premium fund; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. There is hereby created the committee on group insurance to be composed of seven members as follows:
1. One member shall be selected by the president of the Nevada State Employees Association.
2. One member shall be designated by the state controller from his staff, to carry out the administrative functions of this act.
3. One member shall be designated by the director of the budget from his staff.
4. One member shall be designated by the chief of the personnel division of the department of administration from his staff.
5. One member shall be designated by the executive director of the employment security department from his staff.
6. One member shall be designated by the chief administrative officer of the department of highways from his staff.
7. One member shall be designated by the president of the University of Nevada from his staff.
Sec. 3. 1. A majority of the members of the committee on group insurance shall constitute a quorum for the transaction of business.
2. No member may receive any compensation for his services.
Sec. 4. The committee on group insurance shall:
1. Act as an advisory body on matters relating to group life, accident or health insurance, or any combination thereof, for the benefit of all such state officers and employees.
2. Purchase policies of life, accident or health insurance, or any combination thereof, from any insurance company qualified to do business in this state for the benefit of all eligible state officers and employees who elect to participate in the states group insurance program.
κ1963 Statutes of Nevada, Page 1320 (CHAPTER 470, AB 345)κ
3. Adopt such regulations and perform such other duties as may be necessary to carry out the provisions of this act.
Sec. 5. A part of the cost of the monthly premiums of such group insurance, not to exceed 50 percent of such cost or $3 for each state officer or employee electing to participate in the group insurance program, whichever is smaller, may be paid by the department, agency or commission which employs the officer or employee in whose behalf such part is paid from funds appropriated to or authorized for such department, agency or commission for such purpose.
Sec. 6. 1. Every state officer or employee who is employed on a permanent and full-time basis on July 1, 1963, shall be eligible immediately to participate in the states group insurance program.
2. Every officer or employee of the state who commences his employment after July 1, 1963, shall be eligible to participate in such program upon the completion of 6 months of full-time employment.
Sec. 7. Any state officer or employee who elects to participate in the states group insurance program shall be entitled so to participate, and the department, agency or commission which employs such officer or employee shall pay the states share of the cost of the premiums of such group insurance from funds appropriated or authorized as provided in section 5 of this act. Employees who elect to participate in the states group insurance program shall authorize deductions from their compensation for the payment of premiums on such insurance.
Sec. 8. Upon the termination of his employment, any state officer or employee may, for any purpose, elect to retain his membership in the states group insurance program if the retention of such membership is consistent with the terms of any agreement between the state and the insurance company which issued the policies pursuant to such program, but no part of the cost of the group insurance premiums shall thereafter be paid by the department, agency or commission which employed such officer or employee.
Sec. 9. Nothing contained in sections 2 to 8, inclusive, of this act shall be construed to make it compulsory upon any officer or employee of the State of Nevada to accept or join the states group insurance program, or to assign his wages or salary to or authorize deductions from his wages or salary in payment of group insurance premiums.
Sec. 10. 1. There is hereby created in the state treasury the group insurance premium fund.
2. The state board of examiners, upon the recommendation of the clerk of the board, may allocate and disburse out of the group insurance premium fund:
(a) To the various departments, agencies and commissions of the state, except the department of motor vehicles, such sums which, when added to funds otherwise available, shall equal the amount of money necessary to pay the states share of the group insurance premiums of such departments, agencies and commissions as provided in section 5 of this act.
(b) To the department of motor vehicles such sums, not to exceed $16,200, which, when added to funds otherwise available, shall equal the amount of money necessary to pay the states share of group insurance premiums of the department of motor vehicles as provided in section 5 of this act.
κ1963 Statutes of Nevada, Page 1321 (CHAPTER 470, AB 345)κ
insurance premiums of the department of motor vehicles as provided in section 5 of this act.
3. The group insurance premium fund created by subsection 1 shall cease to exist after June 30, 1965. On and after July 1, 1965, the states share of insurance premiums shall be budgeted for as other expenditures of the state are budgeted for.
Sec. 11. For the biennium commencing July 1, 1963, and terminating June 30, 1965, there is hereby appropriated from the general fund in the state treasury to the group insurance premium fund the sum of $63,600 for the purpose of paying the states share of group insurance premiums of state officers and employees, except those of the department of motor vehicles, in the same proportion as the salary or wages of such officers and employees are paid from the general fund.
Sec. 12. For the biennium commencing July 1, 1963, and terminating June 30, 1965, there is hereby appropriated from the state highway fund to the group insurance premium fund the sum of $16,200 for the purpose of paying the states share of group insurance premiums of officers and employees of the department of motor vehicles.
Sec. 13. This act shall become effective upon passage and approval.
________
Senate Bill No. 279Committee on Judiciary
CHAPTER 471
AN ACT to amend NRS section 439.090, relating to the appointment, qualifications and removal of the state health officer, by changing the qualifications for the office; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.090 is hereby amended to read as follows:
439.090 1. With the approval of the governor, the state board of health shall appoint the state health officer. The state health officer shall:
(a) Be appointed on the basis of merit under the provisions of chapter 284 of NRS.
(b) Be in the classified service of the state, except for the purposes of removal.
(c) Be responsible to the state board of health and to the governor.
2. The state health officer shall:
[(a) Be a physician having the degree of doctor of medicine.
(b) Be a resident of Nevada for at least 5 years preceding the date of his appointment.
(c) Be licensed to practice in Nevada.
(d) Have had at least 1 years postgraduate training in public health or at least 3 years experience as a public health official.]
(a) Be a citizen of the United States.
κ1963 Statutes of Nevada, Page 1322 (CHAPTER 471, SB 279)κ
(b) Be certified, or eligible for certification, by the American Board of Preventative Medicine.
(c) Be licensed, or eligible for licensure, as a doctor of medicine to practice in Nevada.
(d) Have had 2 years experience, or the equivalent, as the administrator of:
(1) A full-time county or city health facility or department; or
(2) A major health program at a state or national level.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 80Committee on Banking, Insurance and Corporations
CHAPTER 472
AN ACT to amend NRS section 686.010, relating to state taxes on insurance and annuity companies, by providing that where, under the laws of other states, fees, taxes or licenses are imposed upon Nevada insurers which are in the aggregate in excess of those imposed upon similar insurers by Nevada, the same fees, taxes and licenses shall be imposed upon insurers of such states doing business in Nevada, except for ad valorem taxes on real or personal property and personal income taxes; and by providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.010 is hereby amended to read as follows:
686.010 1. Every insurance or annuity company or association of whatever description, except fraternal or labor insurance companies, or societies operating through the means of a lodge system or systems, insuring only their own members and their families, including insurance on descendants of members, doing an insurance or annuity business in this state, shall annually pay to the commissioner a tax of 2 percent upon the total premium income, including membership fees, payments on annuities or policy writing fees, from all classes of business covering property or risks located in this state during the next preceding calendar year, less return premiums and premiums received for reinsurance on such property or risks.
2. [The] Until January 1, 1964, the amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.
3. On and after January 1, 1964, when by or pursuant to the laws of any other state or foreign country any premium or income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other material obligations, prohibitions or restrictions, are imposed upon Nevada insurers doing business, or which might seek to do business in, such other state or country, or upon agents of such insurers, which are in the aggregate in excess of such taxes, fees, fines, penalties, licenses, deposit requirements or other obligations, prohibitions or restrictions directly imposed upon similar insurers of such other state or foreign country under the statutes of this state, so long as such laws continue in force or are so applied, the same obligations, prohibitions and restrictions of whatever kinds shall be imposed upon similar insurers of such other state or foreign country doing business in Nevada.
κ1963 Statutes of Nevada, Page 1323 (CHAPTER 472, AB 80)κ
licenses, deposit requirements or other obligations, prohibitions or restrictions directly imposed upon similar insurers of such other state or foreign country under the statutes of this state, so long as such laws continue in force or are so applied, the same obligations, prohibitions and restrictions of whatever kinds shall be imposed upon similar insurers of such other state or foreign country doing business in Nevada. Any tax, license or other obligation imposed by any city, county or political subdivision of a state or foreign country on Nevada insurers or their agents shall be deemed imposed by such state or foreign country within the meaning of this paragraph. The provisions of this paragraph shall not apply to ad valorem taxes on real or personal property or to personal income taxes.
4. For the purposes of this section the domicile of an alien insurer shall be the state in which is located its principal place of business in the United States.
5. All domestic insurance or annuity companies doing business in states in which such companies are not licensed and do not pay a premium tax shall pay the tax on such business to the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 215Senator Dial
CHAPTER 473
AN ACT to amend chapter 381 of NRS, relating to the Nevada state museum, by adding a new section authorizing the trustees to establish a procedure for extraordinary purchases from donated funds; to amend NRS sections 381.020, 381.070, 381.090, 381.110 and 381.120, relating to the objects and powers of the museum, compensation of trustees and employees, funds, bylaws, memberships in the museum, and travel expenses of employees, by providing for the establishment of a gift and souvenir shop; by providing for compensation, travel expenses and subsistence allowances for trustees and employees of the museum; by clarifying the language relating to sources of funds for the museum; by authorizing the trustees to make direct and specified uses of private funds and profits received by the museum at the discretion of such trustees; by enlarging the scope of the bylaws required by law; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 381 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any provisions of law to the contrary, the board of trustees is authorized to establish a procedure whereby extraordinary or emergency purchases of supplies, materials or equipment may be made by the director, through expenditures of donated or dedicated funds only, with permission of the purchasing director, but without otherwise meeting the requirements of the State Purchasing Act.
κ1963 Statutes of Nevada, Page 1324 (CHAPTER 473, SB 215)κ
Sec. 2. NRS 381.020 is hereby amended to read as follows:
381.020 1. The general objects and powers of the Nevada state museum are to:
(a) Receive, collect, exchange, preserve, house, care for, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:
(1) Samples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, including drawings, etchings, lithographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.
(2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.
(b) Collect, gather and prepare the natural history of Nevada and the Great Basin; and,
(c) Establish such departments in archeology, anthropology, mineralogy, ethnology, ornithology and other scientific departments as in the judgment of the trustees may be proper and necessary to carry out the objects and purposes appropriate to a museum.
(d) Establish a shop for the sale of gifts and souvenirs, such as museum publications, books, postcards, color slides and such other museum or related material as, in the judgment of the trustees, may be appropriately related and connected with the operation of the museum and the fulfillment of the purposes of this chapter.
2. The enumeration in subsection 1 is not exclusive of other general objects and purposes appropriate to a public museum.
3. The property may be received and collected from any and all appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
4. The property shall be housed, preserved, cared for and displayed or exhibited in the Nevada state museum to be located at Carson City, Nevada. Nothing in this subsection shall prevent the retention, placing, housing or exhibition of a portion of the property temporarily in other places or locations within or without the State of Nevada in the sole discretion of the board of trustees.
Sec. 3. NRS 381.070 is hereby amended to read as follows:
381.070 Trustees shall [serve without salary or other compensation as such, but they shall be reimbursed for their actual expenses and outlays paid or incurred in the performance of their duties.] receive $20 per day or portion thereof as compensation for attending meetings of the trustees, plus travel expenses and subsistence allowances as provided in NRS 281.160.
Sec. 4. NRS 381.090 is hereby amended to read as follows:
381.090 1. [Funds] In addition to such funds as may be dedicated, granted or otherwise received by the museum from private individuals, firms, associations or corporations, funds to carry out the provisions of NRS 381.010 to 381.190, inclusive, shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
κ1963 Statutes of Nevada, Page 1325 (CHAPTER 473, SB 215)κ
of NRS 381.010 to 381.190, inclusive, shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
2. The board of trustees shall have the power to audit and approve all bills, claims and accounts respecting the Nevada state museum.
3. All moneys and property received by the museum through any grant, bequest or devise, and the proceeds from memberships, sales, interest or dividends from any sources other than appropriation by the legislature, shall be under the direct control of the trustees. The trustees shall place such moneys in savings institutions to draw interest or to be expended, invested and reinvested pursuant to the specific instructions of the donor, or, where no such specific instructions exist, in the sound discretion of the trustees. Such moneys shall be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the trustees.
Sec. 5. NRS 381.110 is hereby amended to read as follows:
381.110 1. The board of trustees is authorized and directed to adopt a code of bylaws for the regulation and government of the Nevada state museum, consistent with all legislative enactments relating thereto.
2. The code of bylaws shall also provide for and define the qualifications for life, honorary, annual, [and] sustaining [memberships] and such other memberships as the trustees may deem necessary, and for the voting powers thereof.
3. The bylaws shall also provide for the establishment and handling of a petty cash fund under the imprest system and for the fidelity bonding of any trustee, officer or employee of the museum who shall handle or have access to any funds of the museum.
Sec. 6. NRS 381.120 is hereby amended to read as follows:
381.120 1. 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.] The trustees may employ any of their members in a staff or other position.
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.
4. When any such employee is required to perform any travel in conjunction with his duties and at the specific instruction of his supervisor, he shall be reimbursed for such expense in accordance with the provisions of NRS 281.160.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 1326κ
Senate Bill No. 303Committee on Finance
CHAPTER 474
AN ACT authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the state government for the fiscal years commencing July 1, 1963, and ending June 30, 1964, and beginning July 1, 1964, and ending June 30, 1965; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal years beginning July 1, 1963, and ending on June 30, 1964, and beginning July 1, 1964, and ending on June 30, 1965, by the various officers, departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
Fiscal Year Fiscal Year
1963-1964 1964-1965
Attorney general............................................................................. $53,897 $61,958
Special fund............................................................................... 7,500 7,500
Department of administration
Personnel division.................................................................... 131,152 143,359
Purchasing division................................................................. 122,530 123,089
Surplus property section.................................................. 58,336 56,500
Buildings and grounds division............................................. 2,000 2,000
Central telephone service........................................................ 200,720 208,720
Central mail service.................................................................. 43,685 48,189
Motor pool................................................................................ 146,600 161,315
Marlette Lake water system.................................................... 26,206 26,894
Superintendent of state printing and state printing office....... 430,593....................................................... 447,298
State department of education
Administration.......................................................................... 21,760.................................................................. 21,797
Federal subvention programs................................................. 56,000.................................................................. 56,000
National Defense Education Act........................................... 101,195.............................................................. 101,195
Vocational education............................................................... 254,246.............................................................. 254,246
Vocational rehabilitation......................................................... 109,926.............................................................. 107,568
O.A.S.I. disability determinations.......................................... 55,231.................................................................. 59,550
State distributive school fund................................................ 375,000.............................................................. 375,000
Graduate fellowships, mentally retarded education............ 13,000.................................................................. 13,000
Indian education scholarships............................................... 4,000...................................................................... 4,000
Fleischmann scholarships....................................................... 67,277.................................................................. 77,606
Small school study................................................................... 51,722.................................................................. 46,550
Area redevelopment................................................................. 25,000.................................................................. 25,000
Manpower development and training................................... 60,000.............................................................................
State library...................................................................................... 52,935.................................................................. 52,935
University of Nevada, general university fund.......................... 1,437,600.............................................................. 1,420,000
κ1963 Statutes of Nevada, Page 1327 (CHAPTER 474, SB 303)κ
Fiscal Year Fiscal Year
1963-1964 1964-1965
Department of health and welfare
Welfare division
Old-age assistance............................................................. $1,621,920.................................................... $1,608,840
Aid to the blind.................................................................. 101,520................................................................ 98,700
Aid to dependent children................................................ 1,205,400........................................................ 1,230,000
Child welfare services........................................................ 84,189.................................................................. 98,947
Foster home care of Indian children................................ 67,500.................................................................. 69,300
Public assistance and child welfare administration...... 484,383....................................................... 491,034
Case services concerning sight....................................... 13,914.................................................................. 16,267
Services to blind administration...................................... 32,825.................................................................. 38,911
Health division
Preventive medical services............................................. 175,080.............................................................. 177,562
Environmental health......................................................... 66,000.................................................................. 66,000
Crippled childrens services............................................ 144,447.............................................................. 144,476
Dental health....................................................................... 31,822.................................................................. 31,841
Hospital services................................................................ 700 700
Venereal disease control................................................... 13,778.................................................................. 13,734
Mentally retarded............................................................... 68,187.................................................................. 68,187
Chronic illnesses and aging............................................. 52,512.................................................................. 53,276
Mental health services...................................................... 56,409.................................................................. 56,785
Juvenile delinquency program......................................... 52,049.................................................................. 53,383
Nevada state hospital division............................................... 30,000.................................................................. 30,000
Convalescent care program.............................................. 52,212.................................................................. 60,200
Alcoholism division................................................................. 2,500...................................................................... 2,500
Nevada state prison....................................................................... 17,000.................................................................. 17,000
Adjutant general and the Nevada National Guard.................... 48,000........................................................... 48,000
Department of civil defense.......................................................... 20,237.................................................................. 20,237
Public service commission of Nevada......................................... 102,086.............................................................. 115,873
Labor commissioner....................................................................... 7,990...................................................................... 1,000
Department of Commerce
Savings and loan division....................................................... 47,201.................................................................. 45,665
Real estate division.................................................................. 101,477.............................................................. 107,266
State department of conservation and natural resources
Division of forestry.................................................................. 175,167.............................................................. 169,161
Humboldt River water investigation...................................... 3,000...................................................................... 3,000
Division of oil and gas conservation.................................... 500 500
Division of state parks............................................................. 4,000...................................................................... 8,000
State department of agriculture
Division of plant industry....................................................... 20,967.................................................................. 17,900
Insect pest and noxious weed control.................................. 4,037...................................................................... 2,870
Agricultural registration and enforcement........................... 27,753.................................................................. 26,128
Apiary inspection..................................................................... 7,286...................................................................... 6,976
Livestock inspection................................................................ 122,638.............................................................. 123,973
Colorado River commission.......................................................... 130,668.............................................................. 129,489
State board of fish and game commissioners............................. 1,415,372........................................................ 1,568,297
κ1963 Statutes of Nevada, Page 1328 (CHAPTER 474, SB 303)κ
Fiscal Year Fiscal Year
1963-1964 1964-1965
Department of highways............................................................. $37,000,000.............................................. $41,000,000
Employment security department................................................. 2,275,453........................................................ 2,565,550
Public employees retirement board............................................ 89,926.................................................................. 92,296
State board of architecture............................................................ 9,380...................................................................... 9,905
Nevada athletic commission......................................................... 16,700.................................................................. 18,700
State board of examiners in the basic sciences.......................... 3,550............................................................... 3,585
Nevada state dairy commission.................................................... 108,428.............................................................. 110,238
Board of dispensing opticians...................................................... 325 325
Hoisting engineers examining board........................................... 765 765
Board of medical examiners of the State of Nevada.................. 13,230........................................................... 13,230
State board of nursing................................................................... 12,000.................................................................. 12,000
State board of physical therapy examiners................................. 946 977
Nevada detective licensing board................................................ 6,444...................................................................... 4,444
Nevada racing commission........................................................... 3,000...................................................................... 3,000
State sheep commission................................................................ 16,000.................................................................. 16,000
State woolgrowers predatory animal committee...................... 61,465........................................................... 62,130
Nevada state board of public accountants................................. 5,340...................................................................... 5,540
State board of chiropody............................................................... 246 246
Nevada state board of chiropractic examiners........................... 7,453............................................................... 7,453
State contractors board............................................................... 113,250.............................................................. 116,970
State board of cosmetology.......................................................... 19,305.................................................................. 19,405
Board of dental examiners of Nevada.......................................... 9,655...................................................................... 8,655
State board of funeral directors and embalmers......................... 1,835............................................................... 1,935
Nevada liquefied petroleum gas board........................................ 15,200.................................................................. 15,200
Nevada state board of examiners in optometry.......................... 1,468............................................................... 1,468
State board of pharmacy................................................................ 30,445.................................................................. 30,965
State board of registered professional engineers...................... 21,500........................................................... 24,300
State board of veterinary medical examiners.............................. 1,935...................................................................... 1,935
Sec. 2. 1. Expenditure of $768,685 by the Nevada gaming commission and the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1963, and ending June 30, 1964.
2. Expenditure of $774,705 by the Nevada gaming commission and the state gaming control board from the general fund pursuant to the provisions of NRS 463.330 is hereby authorized during the fiscal year beginning July 1, 1964, and ending June 30, 1965.
Sec. 3. The funds authorized to be expended by the provisions of sections 1 and 2 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
κ1963 Statutes of Nevada, Page 1329 (CHAPTER 474, SB 303)κ
Sec. 4. The director of the budget may, with the approval of the governor, authorize the augmentation of the amount authorized in sections 1 and 2 for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, from any appropriation made by the legislature, or from any other source which he determines has not been taken into consideration by this act, or is in excess of the amount so taken into consideration. The director of the budget may also, with the approval of the governor, reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in sections 1 and 2.
Sec. 5. Where the operation of an office, department, board, agency, commission or institution or a program is financed by an appropriation or appropriations from the general fund as well as by funds received from other sources, the portion provided by appropriation from the general fund shall be decreased to the extent that the receipt of the funds from other sources approved by this act are exceeded, provided that:
1. Such decrease shall not jeopardize the receipt of such funds to be received from other sources; and
2. This section shall not apply to any fund if such excess receipts are to be expended for a purpose or purposes approved by the governor or the director of the budget if such authority is so delegated by the governor.
Sec. 6. 1. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $271,346 for the University of Nevada experiment station and $235,579 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1963, and ending June 30, 1964.
2. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $271,346 for the University of Nevada experiment station and $235,579 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1964, and ending June 30, 1965.
3. The funds authorized to be expended in subsections 1 and 2 of this section shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. The director of the budget may authorize augmentation of the amounts authorized for expenditure by subsections 1 and 2 of this section in the amount of any funds which he estimates will be received by the University of Nevada from federal or county subventions or sales but shall not reduce the amount so authorized.
Sec. 7. This act shall become effective on July 1, 1963.
________
κ1963 Statutes of Nevada, Page 1330κ
Senate Bill No. 304Committee on Finance
CHAPTER 475
AN ACT to amend NRS sections 209.110, 213.1094, 223.100, 232.050, 341.100, 360.120, 382.020, 385.170, 414.040, 417.060, 472.025, 481.039 and 703.080, relating to the salaries of the warden of the Nevada state prison, the chief parole and probation officer, the executive assistant to the governor, the director of the state department of conservation and natural resources, the manager and technical supervisor of the state planning board, the secretary of the Nevada tax commission, the executive secretary of the Nevada historical society, the superintendent of public instruction, the director of civil defense, the Nevada commissioner for veteran affairs and the Nevada deputy commissioner for veteran affairs, the state forester firewarden, the director of the department of motor vehicles, and the commissioners of the public service commission of Nevada, by increasing such salaries effective July 1, 1963; to amend NRS section 231.080, relating to the salary of the director of the department of economic development, by deleting obsolete language; to amend chapter 339, Statutes of Nevada 1963, entitled An Act to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding new sections creating the state department of commerce, incorporating the functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations; to amend chapters 645, 657, 673 and 679 of NRS and NRS sections 278.630, 645.010, 645.050, 645.110 to 645.140, inclusive, 645.170 to 645.230, inclusive, 645.310, 645.322, 645.343, 645.350, 645.370, 645.390, 645.410 to 645.470, inclusive, 645.490, 645.500, 645.520, 645.540, 645.570, 645.580, 645.600 to 645.620, inclusive, 645.680, 645.690, 645.760, 645.770, 645.830, 645.850, 658.010, 658.030, 658.080 to 658.100, inclusive, 658.120, 659.030, 661.020, 662.270, 662.280, 664.030, 665.040, 667.100, 673.003, 673.035, 673.0351, 673.0354, 673.0355, 673.039, 673.040, 673.060, 680.010, 680.060 to 680.080, inclusive, 680.100 to 680.140, inclusive, 680.200 and 680.220, relating to various functions of the superintendent of banks, the department of insurance of the State of Nevada, the Nevada real estate commission, and the department of savings associations, by making technical changes necessitated by the creation of the department of commerce; to repeal NRS sections 658.040, 679.080, 680.020 and 680.030, relating to the superintendent of banks, the department of insurance, and the insurance commissioners; and providing other matters properly relating thereto, approved April 12, 1963, to increase the salary of the director of the department of commerce effective July 1, 1963; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.110 is hereby amended to read as follows:
209.110 1. The warden shall [:
(a) Until July 1, 1962, receive an annual salary of $9,660.
(b) From and after July 1, 1962,] receive an annual salary of [$10,080.] $10,800.
[2. The wardens salary shall be payable in semimonthly installments in the same manner as other state officers are paid.
3.] 2. The warden shall receive the per diem expenses and travel allowances as provided by law when engaged in the discharge of his official duties.
Sec. 2. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. The chief parole and probation officer shall receive an annual salary of [$9,360.] $10,080.
κ1963 Statutes of Nevada, Page 1331 (CHAPTER 475, SB 304)κ
2. Assistant parole and probation officers and employees of the board (except as provided in subsection 3 of NRS 284.140) shall be in the classified service of the state and shall receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
3. The chief parole and probation officer, assistant parole and probation officers and employees of the board shall receive the per diem expense allowances and travel expenses as fixed by law.
4. The compensation, salaries and expenses of the chief parole and probation officer, assistant parole and probation officers and employees of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
Sec. 3. NRS 223.100 is hereby amended to read as follows:
223.100 1. The executive assistant to the governor shall receive:
(a) Until July 1, [1962,] 1964, an annual salary of [$10,500.] $11,000.
(b) From and after July 1, [1962,] 1964, an annual salary of [$11,000.] $11,500.
2. The salary of the executive assistant to the governor shall be paid out of funds appropriated to the office of the governor by the legislature from the general fund, and such salary shall be in full payment for all services rendered to the state.
Sec. 4. NRS 232.050 is hereby amended to read as follows:
232.050 1. The director shall be appointed by and be responsible to the governor and shall not be in the classified service of the state.
2. He shall receive:
(a) An annual salary of [$15,120.] $15,840.
(b) The per diem expense allowance and travel expenses as provided by law.
Sec. 5. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager and technical supervisor, and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.
2. The manager and technical supervisor of the board shall receive [:
(a) Until July 1, 1962, an annual salary of not more than $12,600 as determined by the board.
(b) From and after July 1, 1962,] an annual salary of not more than [$13,225] $13,800 as determined by the board.
Sec. 6. NRS 360.120 is hereby amended to read as follows:
360.120 1. A chief clerk and statistician shall be employed by the Nevada tax commission. He shall be the secretary of the Nevada tax commission and shall be in charge of the office of the commission.
2. For his services, the secretary of the Nevada tax commission shall receive [:
(a) Until July 1, 1962, an annual salary of $11,550, payable in the same manner as other state salaries are paid.
(b) From and after July 1, 1962,] an annual salary of [$12,075,] $12,600, payable in the same manner as other state salaries are paid.
κ1963 Statutes of Nevada, Page 1332 (CHAPTER 475, SB 304)κ
Sec. 7. NRS 382.020 is hereby amended to read as follows:
382.020 1. The office of executive secretary of the Nevada historical society is hereby created.
2. The executive secretary of the Nevada historical society shall receive [:
(a) Until July 1, 1962, an annual salary of $6,930.
(b) From and after July 1, 1962,] an annual salary of [$7,260.] $7,590.
Sec. 8. NRS 385.170 is hereby amended to read as follows:
385.170 The state board of education shall fix the annual salary of the superintendent of public instruction, which salary [:
1. Until July 1, 1962, shall not exceed $12,650.
2. From and after July 1, 1962,] shall not exceed [$13,225.] $13,800.
Sec. 9. NRS 414.040 is hereby amended to read as follows:
414.040 1. There is hereby created within the executive branch of the state government a department of civil defense, hereinafter called the civil defense agency, and a director of civil defense, hereinafter called the director, who shall be the head thereof. The director shall be appointed by and hold office at the pleasure of the governor. The director shall be compensated [:
(a) Until July 1, 1962, at the rate of $8,190 per annum.
(b) From and after July 1, 1962,] at the rate of [$8,580] $8,970 per annum.
2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.
3. The director, subject to the direction and control of the governor, shall be the executive head of the civil defense agency and shall be responsible to the governor for carrying out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government, and shall have such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.
Sec. 10. NRS 417.060 is hereby amended to read as follows:
417.060 1. The commissioner shall receive [:
(a) Until July 1, 1962, an annual salary of $7,200.
(b) From and after July 1, 1962,] an annual salary of [$7,500.] $7,920.
2. The deputy commissioner shall receive [:
(a) Until July 1, 1962, an annual salary of $7,200.
(b) From and after July 1, 1962,] an annual salary of [$7,500.] $7,920.
Sec. 11. NRS 472.025 is hereby amended to read as follows:
472.025 The state forester firewarden shall:
κ1963 Statutes of Nevada, Page 1333 (CHAPTER 475, SB 304)κ
1. Be in the unclassified service of the state.
2. Receive an annual salary of [$9,660.] $10,800.
Sec. 12. NRS 481.039 is hereby amended to read as follows:
481.039 [On and after July 1, 1959, the] The director shall receive:
1. An annual salary of [$12,000.] $12,600.
2. The per diem expense allowance and travel expenses as provided by law.
Sec. 13. NRS 703.080 is hereby amended to read as follows:
703.080 1. The chairman of the commission shall receive an annual salary of [$12,075.] $13,200.
2. The other commissioners shall each receive annual salaries of [$11,000.] $12,000.
Sec. 14. NRS 231.080 is hereby amended to read as follows:
231.080 1. The director of the department shall be appointed by and be responsible to the governor. The person appointed as director shall have had successful experience in the administration and promotion of a program comparable to that provided in this chapter. The director shall be in the unclassified service as provided by the provisions of chapter 284 of NRS.
2. The director shall receive:
(a) [Until July 1, 1962, an annual salary of $9,450.
(b) From and after July 1, 1962, an] An annual salary of $9,900.
[(c)] (b) The per diem expense allowance and travel expenses as fixed by law.
3. He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.
Sec. 15. Section 4 of chapter 339, Statutes of Nevada 1963, is hereby amended to read as follows:
Section 4. The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary of not more than [$13,200] $15,120 to be fixed by the governor from time to time within the limits of legislative appropriations.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. Have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills in areas related to the functions of agencies composing the department.
7. Be selected with special reference to his training, experience and aptitude for coordinating agencies dealing with commercial activities such as insurance, banking, real estate and marketing of securities. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction.
κ1963 Statutes of Nevada, Page 1334 (CHAPTER 475, SB 304)κ
(b) Administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(c) Ability to organize and present oral and written communication to the governor, the legislature and other pertinent officials or persons.
________
Senate Bill No. 305Committee on Finance
CHAPTER 476
AN ACT making appropriations from the general fund, the state highway fund, the county gas tax fund, the fish and game fund and the boat licensing fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1963, and ending June 30, 1964, and beginning July 1, 1964, and ending June 30, 1965; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund in the state treasury, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1963, and ending June 30, 1964, and beginning July 1, 1964, and ending June 30, 1965.
Fiscal Year Fiscal Year
1963-64 1964-65
Sec. 2. The Office and Mansion of the Governor.
For the support of the office of the governor.................. $120,890 $121,668
For the support of the governors mansion..................... 13,844 14,034
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor...... 6,225 6,225
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state.......... 132,921 119,685
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general............ 125,069 127,131
For the special fund of the attorney general.................... 10,000 10,000
Sec. 6. Colorado River Intervention Action.
For the support of the Colorado River intervention action 40,000...................................................................................... 40,000
Sec. 7. Supreme Court of Nevada.
For the support of the supreme court of Nevada............ 138,115 135,659
κ1963 Statutes of Nevada, Page 1335 (CHAPTER 476, SB 305)κ
Fiscal Year Fiscal Year
1963-64 1964-65
Sec. 8. Judges Salaries and Pensions.
For the support of judges salaries and pensions........... $298,437 $298,437
Sec. 9. District Judges Travel.
For the support of district judges travel.......................... 21,000 21,000
Sec. 10. The Office of State Controller.
For the support of the office of state controller.............. 95,430 94,594
Sec. 11. The Office of State Treasurer.
For the support of the office of state treasurer................ 53,935 53,120
Sec. 12. Department of Administration.
For the support of the department of administration, $1,045,631, to be work-programmed as follows:
Budget division.............................................................. 88,944 90,970
Buildings and grounds division.................................. 391,218 441,750
Central mail service........................................................ 16,138 16,611
Sec. 13. State Planning Board.
For the support of the state planning board.................... 122,091 124,341
For a preplanning fund of the state planning board....... 12,500 12,500
Sec. 14. Nevada Tax Commission.
The following sum is hereby appropriated from the general fund for the support of the Nevada tax commission...................... 603,482 610,740
The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle fuel tax division of the Nevada tax commission.................................................. 35,000 35,000
The following sum is hereby appropriated from the county gas tax fund for the support of the motor vehicle fuel tax division of the Nevada tax commission............................................................. 12,000 12,000
Sec. 15. State Board of Finance and Fire Insurance Premiums.
For the support of the state board of finance and the payment of fire insurance premiums............................................................. 55,824 56,712
Sec. 16. Nevada Commissioner for Veterans Affairs.
For the support of the Nevada commissioner for veterans affairs 37,523...................................................................................... 37,694
Sec. 17. Department of Economic Development.
For the support of the department of economic development 96,996...................................................................................... 96,996
κ1963 Statutes of Nevada, Page 1336 (CHAPTER 476, SB 305)κ
Fiscal Year Fiscal Year
1963-64 1964-65
Sec. 18. Nevada Commission on Equal Rights of Citizens.
For the support of the Nevada commission on equal rights of citizens.......................................................................................... $2,500 $2,500
Sec. 19. State Officers Bond Premiums.
For the payment of state officers bond premiums......... 3,750 3,750
Sec. 20. Legislative Counsel Bureau.
For the support of the fiscal and auditing division......... 96,242 95,541
For the support of the legal division................................. 394,396 369,414
For the support of the research division and the legislative commission.................................................................................. 74,820 76,655
Sec. 21. State Department of Education.
The following sums are hereby appropriated for the support of:
Administration................................................................ 281,665 287,290
Vocational education..................................................... 216,599 216,832
Vocational rehabilitation............................................... 62,301 66,056
State distributive school fund...................................... 23,007,380 26,045,420
Care of deaf, dumb and blind....................................... 78,750 80,750
Public school teachers retirement.............................. 1,667,351 1,867,967
Emergency state distributive school fund (to be made available only if the Sales and Use Tax Act is not amended by a majority of the registered voters voting at the special election to be held on June 11, 1963) 15,000.................................................................................... 45,000
Sec. 22. State Library.
For the support of the state library.................................... 177,970 185,524
Sec. 23. Nevada State Museum.
For the support of the Nevada state museum.................. 59,313 59,547
Sec. 24. Nevada Historical Society.
For the support of the Nevada historical society............ 44,750 50,853
Sec. 25. Lost City Museum.
The following sum is hereby appropriated to the buildings and grounds division of the department of administration for the support of the Lost City museum............................................. 16,769 13,588
Sec. 26. University of Nevada.
For the support of the University of Nevada................... 5,868,980 6,344,561
Sec. 27. Western Regional Higher Education Compact Fund.
For the support of the Western Regional Higher Education Compact fund.............................................................................. 37,511 64,376
κ1963 Statutes of Nevada, Page 1337 (CHAPTER 476, SB 305)κ
Fiscal Year Fiscal Year
1963-64 1964-65
Sec. 28. Department of Health and Welfare.
The following sums are hereby appropriated for the support of:
Office of the director...................................................... $26,169 $24,289
Welfare division
Old-age assistance.................................................. 1,078,800 1,070,100
Aid to the blind........................................................ 152,280 148,050
Aid to dependent children..................................... 676,200 690,000
Child welfare services............................................. 331,129 374,793
Public assistance and child welfare administration ............................................................................. 424,670............................................................................. 427,468
Case services concerning sight............................ 51,329............................................................................. 61,903
Services to blind administration............................ 29,700............................................................................. 35,205
Childrens home division.............................................. 166,740 172,829
Health division
Preventive medical services................................... 124,682 118,058
Environmental health.............................................. 213,330 210,891
Crippled childrens services.................................. 98,347 103,849
Vital statistics........................................................... 29,729 30,537
Dental health............................................................ 55,229 56,495
Hospital services..................................................... 28,014 28,220
Tuberculosis care.................................................... 612,652 664,301
Mentally retarded.................................................... 23,309 23,344
Mental health services........................................... 81,041 80,822
Mental health care................................................... 218,875 220,110
Nevada state hospital division.................................... 1,721,776 1,752,156
Alcoholism division....................................................... 25,498 26,116
Nevada girls training center division.......................... 494,641 525,883
Nevada youth training center division....................... 551,883 610,663
Sec. 29. Nevada State Prison.
For the support of the Nevada state prison..................... 930,245 1,011,014
Sec. 30. State Board of Pardons Commissioners.
For the support of the state board of pardons commissioners 4,000 3,041
Sec. 31. State Board of Parole Commissioners.
For the support of the state board of parole commissioners 75,680 83,452
Sec. 32. Adjutant General and the Nevada National Guard.
For the support of the adjutant general and the Nevada National Guard 98,005......................................................................... 98,308
Sec. 33. Department of Civil Defense.
For the support of the department of civil defense......... 20,237 20,237
Sec. 34. The Office of Inspector of Mines.
For the support of the office of inspector of mines........ 51,385 52,695
κ1963 Statutes of Nevada, Page 1338 (CHAPTER 476, SB 305)κ
Fiscal Year Fiscal Year
1963-64 1964-65
Sec. 35. Public Service Commission of Nevada.
The following sum is hereby appropriated from the general fund for the support of the public service commission of Nevada $67,580.................................................................................... $67,779
The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada .................................................................................... 43,027 41,619
Sec. 36. Labor Commissioner.
For the support of the labor commissioner...................... 37,841 46,079
Sec. 37. Department of Commerce.
The following sums are hereby appropriated for the support of:
Office of the director...................................................... 24,292 22,887
Insurance division......................................................... 106,926 107,692
Banking division............................................................ 79,588 87,800
Sec. 38. State Department of Conservation and Natural Resources.
For the support of the state department of conservation and natural resources, $1,588,951, to be work-programmed as follows:
Office of the director...................................................... 178,912 184,119
Division of water resources.......................................... 183,920 183,926
California-Nevada compact commission.................... 51,677 15,345
Division of forestry........................................................ 80,000 80,000
Forest insect pest control............................................. 5,000 5,000
Forest fire suppression................................................. 30,000 30,000
Humboldt River water investigation........................... 40,000 30,000
Weather modification research.................................... 30,000 30,000
Division of state parks.................................................. 229,633 201,419
Sec. 39. State Department of Agriculture.
The following sums are hereby appropriated for the support of:
Division of plant industry............................................. 226,061 230,163
Insect pest and noxious weed control........................ 51,957 53,025
Livestock disease control............................................. 61,343 61,338
Animal disease laboratory............................................ 42,193 41,061
Sec. 40. State Predatory Animal and Rodent Committee.
The following sum is hereby appropriated from the general fund for the support of the state predatory animal and rodent committee 112,694.................................................................................... 112,694
The following sum is hereby appropriated from the fish and game fund for the support of the state predatory animal and rodent committee .................................................................................... 40,000 40,000
κ1963 Statutes of Nevada, Page 1339 (CHAPTER 476, SB 305)κ
Fiscal Year Fiscal Year
1963-1964 1964-1965
Sec. 41. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board $2,000 $2,000
Sec. 42. Advisory Mining Board.
For the support of the advisory mining board................. 800 800
Sec. 43. State Bureau of Mines.
For the support of the state bureau of mines................... 60,000 60,000
Sec. 44. Fort Mohave Valley Development Fund.
For the support of the Fort Mohave Valley development fund 7,500 7,500
Sec. 45. State Board of Examiners Emergency Fund.
For the support of the state board of examiners emergency fund. 4,556.................................................................................
Sec. 46. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund.......................................................................... 513,493 582,605
For the support of the consolidated bond interest and redemption fund (to be made available in addition to the other moneys herein appropriated if the Sales and Use Tax Act is not amended by a majority of the registered voters voting at the special election to be held on June 11, 1963)....................................... 40,214 188,125
Sec. 47. Colorado River Commission Research and Development Fund.
For the support of the Colorado River commission research and development fund....................................................................... 50,000
Sec. 48. Department of Motor Vehicles.
The following sum is hereby appropriated from the general fund for the support of the department of motor vehicles............ 32,106 15,457
The following sum is hereby appropriated from the boat licensing fund for the support of the department of motor vehicles 12,733 14,677
The following sum is hereby appropriated from the state highway fund for the support of the department of motor vehicles 2,286,247................................................................................. 2,185,449
Sec. 49. State Soil Conservation Committee.
For the support of the state soil conservation committee 750 750
κ1963 Statutes of Nevada, Page 1340 (CHAPTER 476, SB 305)κ
Sec. 50. Division of State Parks, State Department of Conservation and Natural Resources. There is hereby appropriated to the division of parks of the state department of conservation and natural resources from the general fund the sum of $21,358 for the uses and purposes specified in Assembly Concurrent Resolution No. 21 of the 52nd Session of the legislature.
Sec. 51. 1. Except as otherwise provided in subsection 3, the funds herein appropriated shall be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and
(b) Work-programmed quarterly for the two separate fiscal years, 1963-1964 and 1964-1965. Work programs may be revised with the approval of the governor upon the recommendation of the director of the budget.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, the moneys appropriated by sections 7 and 20 of this act for the support of the supreme court of Nevada and the legislative counsel bureau shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive.
Sec. 52. Notwithstanding any other provisions of this act, the moneys appropriated by:
1. Section 13 of this act to the preplanning fund of the state planning board;
2. Section 21 of this act to the state distributive school fund, the emergency state distributive school fund and to public school teachers retirement;
3. Section 46 of this act to the consolidated bond interest and redemption fund;
4. Section 47 of this act to the Colorado River commission research and development fund; and
5. Section 50 of this act to the division of state parks of the state department of conservation and natural resources,
shall be available for both fiscal years, 1963-1964 and 1964-1965, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the director of the budget.
Sec. 53. 1. After June 30, 1964, unexpended balances of the appropriations herein made shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on September 1, 1964.
2. If on September 1, 1964, any unexpended balance remains of the moneys appropriated to:
(a) The legal division of the legislative counsel bureau by section 20 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
κ1963 Statutes of Nevada, Page 1341 (CHAPTER 476, SB 305)κ
fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The welfare division of the department of health and welfare by section 28 of this act and allocated to the aid to the blind medical and remedial care fund and to the old-age assistance medical and remedial care fund, such unexpended balance shall not revert to the general fund but shall continue as a part of the aid to the blind medical and remedial care fund and the old-age assistance medical and remedial care fund as provided by subsection 2 of NRS 426.115 and subsection 2 of NRS 427.155.
(c) The Western Regional Higher Education Compact fund by section 27 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.
(d) The Colorado River commission research and development fund by section 47 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Colorado River commission research and development fund.
Sec. 54. 1. After June 30, 1965, unexpended balances of the appropriations herein made shall not be encumbered or committed for expenditure and, except as otherwise provided in subsection 2 of this section, shall revert to the fund from which appropriated on September 1, 1965.
2. If on September 1, 1965, any unexpended balance remains of the moneys appropriated to:
(a) The legal division of the legislative counsel bureau by section 20 of this act, such unexpended balance shall not revert to the general fund but shall be transferred by the state controller to the legislative counsel bureau printing and binding fund as provided by NRS 220.150.
(b) The welfare division of the department of health and welfare by section 28 of this act and allocated to the aid to the blind medical and remedial care fund and to the old-age assistance medical and remedial care fund, such unexpended balance shall not revert to the general fund but shall continue as a part of the aid to the blind medical and remedial care fund and the old-age assistance medical and remedial care fund as provided by subsection 2 of NRS 426.115 and subsection 2 of NRS 427.155.
(c) The Western Regional Higher Education Compact fund by section 27 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Western Regional Higher Education Compact fund pursuant to statute.
(d) The Colorado River commission research and development fund by section 47 of this act, such unexpended balance shall not revert to the general fund but shall continue as a part of the Colorado River commission research and development fund.
Sec. 55. This act shall become effective on July 1, 1963.
________
κ1963 Statutes of Nevada, Page 1342κ
Assembly Bill No. 535Committee on Ways and Means
CHAPTER 477
AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1963, and ending June 30, 1964, and commencing July 1, 1964, and ending June 30, 1965; providing for the levy and collection of ad valorem taxes on personal property not placed on the secured tax roll; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. If the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law:
(a) For the fiscal year commencing July 1, 1963, and ending June 30, 1964, an ad valorem tax of 10 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
(b) For the fiscal year commencing July 1, 1964, and ending June 30, 1965, an ad valorem tax of 10 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
2. This section shall become effective on June 26, 1963, if the canvass of the votes cast at the special election held on June 11, 1963, by the secretary of state and the justices of the supreme court, or a majority thereof, pursuant to law, reveals that the Sales and Use Tax Act is amended effective July 1, 1963. If the Sales and Use Tax Act is not so amended then this section shall not become effective.
Sec. 2. 1. If the Sales and Use Tax Act is not amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law:
(a) For the fiscal year commencing July 1, 1963, and ending June 30, 1964, an ad valorem tax of 28 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
(b) For the fiscal year commencing July 1, 1964, and ending June 30, 1965, an ad valorem tax of 28 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation.
κ1963 Statutes of Nevada, Page 1343 (CHAPTER 477, AB 535)κ
collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
2. This section shall become effective on June 26, 1963, if the canvass of the votes cast at the special election held on June 11, 1963, by the secretary of state and the justices of the supreme court, or a majority thereof, pursuant to law reveals that the Sales and Use Tax Act is not amended. If the Sales and Use Tax Act is so amended then this section shall not become effective.
________
Assembly Bill No. 313Messrs. Swanson and Harris
CHAPTER 478
AN ACT to amend NRS section 370.260, relating to the cigarette tax fund, by appropriating 35 percent of the cigarette tax to the state and 65 percent to the cities and counties of this state during the year 1963-1964, and thereafter appropriating 2 percent of such tax to the state and 98 percent to the cities and counties; providing that this act shall only become effective if the Sales and Use Tax Act is amended by the people at a special election; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall:
(a) Transmit such payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.
(b) Report to the state controller quarterly the amount of collections together with the percentage of sales made during such quarter in each county.
3. [The] Until July 1, 1964, the money in the cigarette tax fund is hereby appropriated as follows:
(a) There is first appropriated from the cigarette tax fund [66] 35 percent thereof, which shall be paid to the general fund of the state.
(b) There is second appropriated from the cigarette tax fund [28.5] 65 percent thereof, which shall be apportioned among and paid monthly to the incorporated cities and the counties of the state on the basis of the population of such cities, and the population of such counties excluding the population of the incorporated cities in such counties, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
κ1963 Statutes of Nevada, Page 1344 (CHAPTER 478, AB 313)κ
[(c) The remaining 5.5 percent shall be paid quarterly during each fiscal year to the counties of this state in the same proportion that the total taxes collected from the sale of cigarettes in each county during such quarter bears to the total taxes collected from the sale of cigarettes in all counties of this state during such quarter, as certified by the tax commission.]
4. On and after July 1, 1964, the money in the cigarette tax fund is hereby appropriated as follows:
(a) There is first appropriated from the cigarette tax fund 2 percent thereof, which shall be paid to the general fund of the state.
(b) There is second appropriated from the cigarette tax fund 98 percent thereof, which shall be apportioned among and paid monthly to the incorporated cities and the counties of the state on the basis of the population of such cities, and the population of such counties excluding the population of the incorporated cities in such counties, 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 on July 1, 1963, only if the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law. If the Sales and Use Tax Act is not so amended then this act shall not become effective.
________
Assembly Bill No. 519Committee on Taxation
CHAPTER 479
AN ACT authorizing boards of county commissioners, governing bodies of incorporated cities and boards of trustees of school districts in this state to file amended budgets before July 15, 1963, with the Nevada tax commission if the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election in June 1963; placing certain limitations on such amended budgets; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of any other law, general, special or local, if the majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law amends the Sales and Use Tax Act, which amendments will then become effective on July 1, 1963, each board of county commissioners, each governing body of the incorporated cities and each board of trustees of the school districts in this state may, prior to July 15, 1963, file an amended budget for the fiscal year commencing on July 1, 1963, and ending on June 30, 1964, with the Nevada tax commission increasing anticipated revenues and expenditures over the anticipated revenues and expenditures contained in the budget filed theretofore pursuant to law for the fiscal year commencing on July 1, 1963, and ending on June 30, 1964, but such amended budgets shall not exceed the amount of anticipated revenues made available to the counties, incorporated cities and school districts by the provisions of certain acts of the 52nd session of the legislature which will become effective on July 1, 1963, as a result of the amendment of the Sales and Use Tax Act by a majority of the registered voters at the special election.
κ1963 Statutes of Nevada, Page 1345 (CHAPTER 479, AB 519)κ
revenues and expenditures contained in the budget filed theretofore pursuant to law for the fiscal year commencing on July 1, 1963, and ending on June 30, 1964, but such amended budgets shall not exceed the amount of anticipated revenues made available to the counties, incorporated cities and school districts by the provisions of certain acts of the 52nd session of the legislature which will become effective on July 1, 1963, as a result of the amendment of the Sales and Use Tax Act by a majority of the registered voters at the special election.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 479Committee on Public Health and Public Morals
CHAPTER 480
AN ACT to amend chapter 427 of NRS, relating to old-age assistance, by adding new sections providing for medical assistance for the aged; defining terms; imposing duties on and granting powers to the state welfare department and board; creating the medical assistance for the aged fund in the state treasury and providing for its sources and uses; providing for applications and qualifications for assistance, appeals, confidential records and contracts for medical care; making an appropriation from the general fund in the state treasury to the medical assistance for the aged fund for the fiscal years commencing July 1, 1963, and ending June 30, 1965; specifying and authorizing the amounts of expenditures from the moneys so appropriated; imposing conditions on transfers of appropriated moneys; providing that this act shall only become effective if the Sales and Use Tax Act is amended by the people at a special election to be held on June 11, 1963; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 427 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 23, inclusive, of this act.
Sec. 2. 1. The object and purpose of this act are to establish a program of medical assistance for the aged which will furnish medical care to those aged persons who are financially unable to pay for medical and hospital care needed to preserve their health and prolong life.
2. The provisions of this act shall be liberally construed to effect its stated object and purpose.
Sec. 3. Unless the context otherwise requires, the words and terms defined in sections 4 to 12, inclusive, of this act shall have the meanings ascribed to them in sections 4 to 12, inclusive, of this act.
Sec. 4. Aged person means any individual who:
1. Is 65 years of age or older;
2. Has insufficient income and resources, as determined by the department, to meet the costs of necessary medical expenses;
3. Does not own personal or real property or both in excess of the amount permitted under the rules and regulations of the department, but assistance shall not be denied to, or on behalf of, any aged person by reason of his ownership of real property utilized by such person as a home;
κ1963 Statutes of Nevada, Page 1346 (CHAPTER 480, AB 479)κ
but assistance shall not be denied to, or on behalf of, any aged person by reason of his ownership of real property utilized by such person as a home;
4. Is not a patient in an institution for tuberculosis or mental diseases, or a federal or veterans facility;
5. Is not a patient in a medical institution as a result of a diagnosis of tuberculosis or psychosis except to the extent federal reimbursement is provided by Title I of the Social Security Act;
6. Is not an inmate of a public institution except as a patient in a public medical institution; and
7. Has not transferred property within 3 years prior to the date of application for the purpose of making himself eligible for medical assistance for the aged.
8. Resides in the State of Nevada.
Sec. 5. Applicant means any individual who has applied for medical assistance for the aged under this act.
Sec. 6. Assistance means medical assistance for the aged as defined in section 9 of this act.
Sec. 7. Board means the state welfare board.
Sec. 8. Department means the state welfare department.
Sec. 9. Medical assistance for the aged means the payment for part or all of the cost of medical care rendered in behalf of aged persons as provided in this act and in the rules and regulations of the department.
Sec. 10. Medical care means:
1. Inpatient hospital services consisting of the following items furnished to an inpatient in a hospital:
(a) Bed and board;
(b) Drugs; and
(c) All in-hospital services including anesthesia, nursing services, equipment, supplies, laboratory and radiological services, whether furnished directly by the hospital or by contractual arrangement made by the hospital.
2. Services of a licensed physician and surgeon rendered to or in behalf of an inpatient in a hospital or nursing home.
3. Skilled nursing-home services consisting of nursing care in a licensed nursing home provided by a registered professional nurse or a licensed practical nurse, which is prescribed by and performed under the general direction of a physician; other medical services related to such skilled nursing care and bed and board in connection with furnishing of such skilled nursing care.
4. Home health aide services consisting of personal care and services provided in the aged persons home as prescribed and supervised by a physician and purchased from a public or private nonprofit agency or paid directly to the home health aide as the supplier of the service.
5. Visiting-nurse services consisting of nursing care provided by a registered professional nurse or a licensed practical nurse in the aged persons own home under the general direction of a physician and purchased from a public or private nonprofit agency or paid directly to the nurse as the supplier of the service.
κ1963 Statutes of Nevada, Page 1347 (CHAPTER 480, AB 479)κ
purchased from a public or private nonprofit agency or paid directly to the nurse as the supplier of the service.
6. Drugs prescribed by a physician and provided by a licensed pharmacy for a patient in a nursing home.
7. Anesthesia services in a hospital when provided by a registered professional nurse acting as an independent contractor.
Sec. 11. Physician means a licensed physician and surgeon engaged in private practice.
Sec. 12. Recipient means any individual who has received and is still receiving medical assistance for the aged.
Sec. 13. The department shall:
1. Administer medical assistance for the aged under this act.
2. Serve as the single state agency responsible for carrying out the provisions of this act.
3. Cooperate with the Federal Government in matters of mutual concern pertaining to medical assistance for the 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.
4. Make such reports in such form and containing such information as the Secretary of Health, Education, and Welfare from time to time requires, and comply with such provisions as the Secretary of Health, Education, and Welfare may from time to time find necessary to assure the correctness and verification of such reports.
5. Make such rules and regulations and take such action as may be necessary or desirable:
(a) For carrying out the provisions of this act, including, but not limited to, the establishment of reasonable standards consistent with the objectives of this act for determining eligibility for and the extent of such assistance.
(b) To the extent required by regulations prescribed by the Secretary of Health, Education, and Welfare, providing for the furnishing of assistance to individuals who are residents of this state but are absent therefrom.
Sec. 14. Moneys for the payment of the states share of medical assistance for the aged and administrative costs shall be provided by direct legislative appropriation from the general fund.
Sec. 15. 1. The medical assistance for the aged fund is hereby created in the state treasury.
2. All moneys furnished by the Federal Government and the State of Nevada for medical assistance for the aged shall be deposited in the medical assistance for the aged fund.
3. Except as otherwise provided in subsection 4, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
4. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions to the fund, and any moneys remaining thereafter shall revert to the general fund.
Sec. 16. Medical assistance for the aged shall be in effect in all of the counties of this state.
κ1963 Statutes of Nevada, Page 1348 (CHAPTER 480, AB 479)κ
Sec. 17. 1. All individuals wishing to make application for assistance under this act shall have the opportunity to do so, and such assistance shall be furnished with reasonable promptness to all eligible individuals.
2. The application for assistance shall:
(a) Be in writing, or reduced to writing, in the manner and upon the form prescribed by the department; and
(b) Contain such information as may be required by the department.
3. An application need not be made under oath, but any person signing such application who willfully states therein as true any material matter which he knows to be false shall be subject to the penalties for perjury as provided by law.
Sec. 18. 1. Medical assistance for the aged shall not be granted to a recipient of old-age assistance as defined in NRS 427.020.
2. No enrollment fee, premium or similar charge will be imposed as a condition of any individuals eligibility for medical assistance for the aged.
Sec. 19. Every person claiming or receiving assistance who is aggrieved because of the departments action or failure to act shall be afforded reasonable notice and an opportunity for a fair hearing by the department.
Sec. 20. 1. No relative of an applicant for or recipient of medical assistance for the aged may be held liable for contributions for the support of such applicant or recipient except as provided in chapter 123 of NRS.
2. Where income is provided by a relative, only such income as is actually furnished to an applicant or recipient by a relative and is not inconsequential or unpredictable may be deemed available to the applicant or recipient for his support.
Sec. 21. 1. The board shall establish the maximum rates or fee schedules for medical care to be provided under this act.
2. The department may enter into nonexclusive contracts providing arrangements under which funds available for medical care under this act shall be administered and disbursed to providers of medical care in consideration for services rendered and supplies furnished by them in accordance with the provisions of the applicable contract and any schedule of charges or formula for determining payment established pursuant to such contract.
Sec. 22. The department may meet the needs of recipients who are in a nursing home for clothing and personal incidentals by direct payment to the recipients, provided that such payments be made from moneys provided to the department by direct legislative appropriation.
Sec. 23. 1. For the purpose of restricting the use or disclosure of any information concerning applicants for and recipients of assistance to purposes directly connected to the administration of this act by the department, and to provide safeguards therefor, under the applicable provisions of the Social Security Act, the department is authorized, empowered and directed to establish and enforce reasonable rules and regulations governing the custody, use and preservation of records, files and communications filed with the department.
κ1963 Statutes of Nevada, Page 1349 (CHAPTER 480, AB 479)κ
2. Wherever, under provisions of law or regulations of the department, names and addresses of, or information concerning, applicants for and recipients of assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be bound by the rules and regulations of the department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of the state welfare department.
3. Except for purposes directly connected with the administration of this act, no person may publish, disclose, use or permit or cause to be published, disclosed or used any confidential information pertaining to a recipient of assistance under the provisions of this act.
Sec. 24. 1. There is hereby appropriated from the general fund in the state treasury to the medical assistance for the aged fund, the sum of $908,976 for the fiscal year beginning July 1, 1963, and ending June 30, 1964, and the sum of $1,028,387 for the fiscal year beginning July 1, 1964, and ending June 30, 1965.
2. Expenditure of $988,000 for the fiscal year beginning July 1, 1963, and ending June 30, 1964, and $1,107,068 for the fiscal year beginning July 1, 1964, and ending June 30, 1965, from the medical assistance to the aged fund is hereby authorized.
3. The total of the sums appropriated and authorized for the fiscal year 1963-1964 shall be allocated, $1,877,890 for assistance costs and contract administration and $19,086 for eligibility determination, both to be work-programmed in accordance with the provisions of chapter 353 of NRS.
4. The total of the sums appropriated and authorized for the fiscal year 1964-1965 shall be allocated, $2,117,937 for assistance costs and contract administration and $17,518 for eligibility determinations, both to be work-programmed in accordance with the provisions of chapter 353 of NRS.
Sec. 25. 1. The state welfare department may, with the approval of the governor on recommendation of the director of the budget, transfer not to exceed $254,592 in the fiscal year 1963-1964, and not to exceed $257,465 in the fiscal year 1964-1965 from the state appropriation for the support of the old-age assistance program to the medical assistance for the aged program.
2. The sums transferred shall be only the amounts necessary to finance assistance payments to old-age assistance recipients who become eligible for medical assistance for the aged.
Sec. 26. This act shall become effective on July 1, 1963, only if the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law. If the Sales and Use Tax Act is not so amended then this act shall not become effective.
________
κ1963 Statutes of Nevada, Page 1350κ
Assembly Bill No. 528Committee on State, County and City Affairs
CHAPTER 481
AN ACT appropriating the sum of $180,000 from the general fund in the state treasury to the state planning board for the purpose of the construction of a show and sales pavilion and attendant facilities in Reno, Nevada, for the use of the Nevada junior livestock show board; specifying the powers, duties and requirements of the state planning board and the Nevada junior livestock show board; providing that this act shall become effective only if the Sales and Use Tax Act is amended by the people at a special election held June 11, 1963; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the support of the state planning board in carrying out the construction of a show and sales pavilion and attendant facilities for the Nevada junior livestock show board in Reno, Washoe County, Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $180,000.
Sec. 2. With the approval of the Nevada junior livestock show board, the state planning board shall select a site for the construction of the show and sales pavilion and attendant facilities within the following described real property situate and being in the City of Reno, Washoe County, Nevada:
That certain piece or parcel of land designated as the NE 1/4 of the SW 1/4 and the SE 1/4 of the NW 1/4 of Section 1, T. 19 N., R. 19 E., M.D.B. & M., containing 80 acres, more or less, excepting 2.904 acres more or less and described as follows:
Beginning at the southwest corner of the E 1/2 of Lot 2 of the NW 1/4 of Section 1, T. 19 N., R. 19 E., M.D.B. & M., thence south 0°20′ east 600.50 feet more or less, thence northeasterly along the north side of Alameda Avenue (now North Wells Avenue) 702 feet more or less, assuming an avenue 60 feet in width, thence north 1°19′ west 59 feet more or less, thence south 88°41′ west 430 feet to the point of beginning.
Sec. 3. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to contract administration, construction, equipment and minimum furnishings provided for in this act.
Sec. 4. The Nevada junior livestock show board and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or part or parts of the construction, equipment and minimum furnishings shall be approved by the Nevada junior livestock show board and each contract shall be approved by the attorney general before any such contract may be let.
Sec. 5. The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the show and sales pavilion and attendant facilities herein designated.
κ1963 Statutes of Nevada, Page 1351 (CHAPTER 481, AB 528)κ
herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and minimum furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good cause.
Sec. 6. Upon the completion and acceptance of the show and sales pavilion and attendant facilities the Nevada junior livestock show board shall have the possession and care of the same pursuant to the provisions of NRS 563.080.
Sec. 7. This act shall become effective on July 1, 1963, only if the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law. If the Sales and Use Tax Act is not so amended then this act shall not become effective.
________
Senate Bill No. 292Committee on Finance
CHAPTER 482
AN ACT creating the 1963 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 $2,150,000, for the purposes of acquiring an inmate dormitory, related structures and site improvements at the states minimum security prison located in Ormsby and Douglas Counties, Nevada, a social science building at Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada, and physical education facilities on the Reno campus of the University of Nevada in Washoe County, Nevada; prescribing other details and conditions concerning such bonds; requiring annually the levy and collection of a special property (ad valorem) tax levy to pay the interest on the bonds and to pay and retire the same and providing for the keeping of the proceeds of such tax in special funds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1963 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; creating the 1963 state general obligation bond commission fund in the state treasury and making an appropriation therefor; providing that this act shall not become effective if the Sales and Use Tax Act is amended by a majority of the registered voters of the state voting at the special election to be held on June 11, 1963, pursuant to law; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, unless the context otherwise requires:
κ1963 Statutes of Nevada, Page 1352 (CHAPTER 482, SB 292)κ
1. Acquire or to acquire includes to erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop and to improve a project.
2. Commission means the 1963 state general obligation bond commission.
3. Project means and includes the buildings, structures, facilities and improvements required by the State of Nevada as enumerated and described in section 3 of this act.
Sec. 2. The 1963 state general obligation bond commission, consisting of the governor, the secretary of state and the state treasurer, is hereby created.
Sec. 3. After receipt of a resolution from the state planning board certifying the need for moneys with which to acquire the following-described projects, the commission is authorized to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $2,150,000, for the acquisition with the proceeds thereof of the following-described projects at costs not exceeding the amounts set forth below opposite the description of each project:
Inmate dormitory, related structures and site improvements at the states minimum security prison located in Ormsby and Douglas Counties, Nevada..................................................................................................................... $550,000
Social science building at Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada.................................... 950,000
Physical education facilities at the Reno campus of the University of Nevada, Washoe County, Nevada (including but not limited to an athletic stadium, dressing rooms, concession, track and football facilities, tennis courts, playfields and parking areas).................................................................... 650,000
Sec. 4. 1. Each series of bonds shall be authorized by resolution of the commission.
2. The bonds shall:
(a) Be of convenient denominations.
(b) Be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest.
(c) Be issued in one or more series.
(d) 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 commission, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom.
(e) 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.
κ1963 Statutes of Nevada, Page 1353 (CHAPTER 482, SB 292)κ
(f) 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 commission.
(g) Unless they be registered for payment as to principal and interest, have interest coupons attached in such manner as 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.
3. The resolution 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 resolution, and upon the payment of such premium, if any, as the commission may determine and state therein.
4. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the commission.
Sec. 5. 1. The bonds shall be executed in the name of and on behalf of the State of Nevada, signed by the governor, and countersigned by the state treasurer, with the great seal of the State of Nevada affixed thereto.
2. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the state treasurer.
3. Use of facsimile signatures and seals on the bonds is authorized pursuant to the Uniform Facsimile Signatures of Public Officials Act, being chapter 4, Statutes of Nevada 1963, as it may from time to time be amended and supplemented.
Sec. 6. 1. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the State of Nevada, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to fill their respective offices.
2. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupon pertaining thereto, or upon both the bond and such coupons.
Sec. 7. 1. All bonds shall be sold at public sale. No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.
2. Before selling the bonds the commission shall:
(a) Cause a notice calling for bids for the purchase of the bonds to be published in a newspaper printed in the state and having a general circulation therein. The notice shall be published once in each calendar week for 4 successive calendar weeks immediately preceding the day when the bids will be opened publicly.
(b) Give such other notice as may be deemed necessary by the commission.
Sec. 8. The notice shall:
1. Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the commission.
κ1963 Statutes of Nevada, Page 1354 (CHAPTER 482, SB 292)κ
sealed bids for the purchase of the bonds shall be received and opened publicly by the commission.
2. Specify the maximum rate of interest the bonds shall bear.
3. Require each bidder to submit a written bid specifying:
(a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or
(b) The lowest rate of interest at which the bidder will purchase the bonds at par.
Sec. 9. All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of any board or department of the State of Nevada, if one is received, be accompanied by a deposit of 5 percent of the amount of the bid, either in cash or by cashiers check or certified check.
Sec. 10. 1. The bonds shall be sold to the responsible bidder making the highest bid therefor, subject to the right of the commission to reject any and all bids and to readvertise the bonds for sale.
2. If there be two or more equal bids for the bonds, and such equal bids are the highest bids received from responsible bidders, and for not less than par and accrued interest, the commission shall determine which of the equal bids shall be accepted, or may divide the bonds so issued between or among the equal bidders.
Sec. 11. 1. If a bid for the bonds is accepted, the commission shall return the deposits of all other bidders immediately.
2. If the successful bidder fails or neglects to complete the purchase of the bonds within 30 days immediately following the acceptance of the bid, or within 10 days after the bonds are made ready and are offered by the commission for delivery, whichever is later, the amount of the deposit shall be forfeited to the general fund in the state treasury (but no bidder shall forfeit such deposit whenever the bonds are not ready and so offered for delivery within 60 days from the date of the acceptance of his bid), and the commission may publicly resell the bonds as herein provided.
Sec. 12. If all bids for the bonds are rejected, the commission shall:
1. Forthwith return the deposits of all bidders.
2. Readvertise the bonds for sale in the same manner as is provided for the original advertisement.
Sec. 13. 1. Before the commission shall deliver bonds under this act, all such bonds shall be registered by the state treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds.
(b) The time of payment.
(c) The rate of interest the bonds bear.
3. After registration by the state treasurer, the state treasurer shall cause the bonds to be delivered to the purchaser or purchasers thereof from the commission, upon payment being made therefor on the terms of the sale or sales.
Sec. 14. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the state:
κ1963 Statutes of Nevada, Page 1355 (CHAPTER 482, SB 292)κ
in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the state:
1. Proof of ownership;
2. Proof of loss or destruction;
3. A surety bond in twice the face amount of the bond and coupons; and
4. Payment of the cost of preparing and issuing the new bond.
Sec. 15. Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
Sec. 16. There shall be levied annually a special tax on all property, both real and personal, subject to taxation within the boundaries of the State of Nevada, including the net proceeds of mines, sufficient to pay the interest on the bonds and to pay and retire the same as provided in this act; and the amount of money to be raised by such tax shall be included in the annual estimate or budget for each county in the state for each year for which such tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected. The proceeds thereof levied to pay interest on the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, which two special funds shall be used for no other purpose than the payment of the interest on the bonds and the principal thereof, respectively, as the same shall fall due. Such tax shall be levied immediately after the issuance of any bonds herein authorized, at the times and in the manner provided by law, and annually thereafter until all of the bonds, and the interest thereon, shall have been discharged. Any sums coming due on the bonds at any time when there are not on hand from such tax levy or levies sufficient funds to pay the same shall be promptly paid when due from the general fund of the state, reimbursement to be made to such general fund in the sums thus advanced when the taxes herein provided for shall have been collected. Nothing herein contained shall be so construed as to prevent the state from applying any other funds that may be available for that purpose to the payment of the interest or principal as the same respectively mature, including, without limiting the generality of the foregoing, the payment of the bonds as provided in section 15 hereof, and upon such payments, the levy or levies here provided may thereupon to that extent be diminished. In any year in which the total taxes levied by all overlapping units within the boundaries of the State of Nevada 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 and all such units, the reduction so made shall be in taxes levied by such unit or units (including the state) for purposes other than the payment of their bonded indebtedness, including interest thereon.
κ1963 Statutes of Nevada, Page 1356 (CHAPTER 482, SB 292)κ
The taxes levied hereafter for the payment of such bonded indebtedness and the interest thereon, shall always enjoy a priority over taxes levied by each such unit (including the state) for all other purposes where reduction is necessary to comply with the limitations of section 2 of article 10 of the constitution of the State of Nevada.
Sec. 17. The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as provided in this act.
Sec. 18. The resolution providing for the issuance of the bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 19. 1. There is hereby created in the state treasury the 1963 state general obligation bond commission fund.
2. There is hereby appropriated from the general fund in the state treasury to the 1963 state general obligation bond commission fund the sum of $25,000.
3. Within the limitations of the appropriation made by subsection 2, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the bonds. All expenses incurred for the preparation, sale and delivery of the bonds, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the 1963 state general obligation bond commission fund.
4. After the delivery of the bonds any balance remaining of the moneys herein appropriated shall revert to the general fund in the state treasury.
5. If this act does not become effective the moneys herein appropriated shall revert to the general fund in the state treasury on July 1, 1963.
Sec. 20. The proceeds of the sale or sales of the bonds shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 3 of this act, but if it shall appear at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance in short-term bonds, certificates or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof. Any interest received from such investments shall be deposited in the general fund in the state treasury.
Sec. 21. 1. The state planning board is charged with the duty of acquiring the projects authorized by this act:
(a) As provided in chapter 341 of NRS;
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the acquisition of the projects described in section 3 of this act.
κ1963 Statutes of Nevada, Page 1357 (CHAPTER 482, SB 292)κ
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the projects and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such projects.
3. All work in connection with projects authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each project designated in section 3 of this act. Approved plans and specifications for such project shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such project, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 22. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof.
Sec. 23. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
Sec. 24. It shall be legal for any of the agencies and departments of the State of Nevada 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. 25. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 26. 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. 27. This act shall become effective on July 1, 1963, only if the Sales and Use Tax Act is not amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law.
κ1963 Statutes of Nevada, Page 1358 (CHAPTER 482, SB 292)κ
voters voting at the special election to be held on June 11, 1963, pursuant to law. If the Sales and Use Tax Act is so amended then this act shall not become effective.
________
Senate Bill No. 97Senator Parks
CHAPTER 483
AN ACT to amend chapter 428 of NRS, relating to indigent persons, by adding new sections providing that in motor vehicle accident cases wherein nonresident transient indigents traveling through the State of Nevada suffer injuries the cost of medical aid and hospitalization provided by the county shall be reimbursed, within limits, by the State of Nevada; defining words and terms; creating the motor vehicle accident indigent fund in the state treasury and making an appropriation therefor; imposing duties on the state board of examiners concerning claims against the motor vehicle accident fund; providing that this act shall become effective only if the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election to be held on June 11, 1963; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 428 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act:
1. Indigent means a nonresident of the State of Nevada who has suffered an injury while traveling through the state and who is unable to pay the cost of the medical aid and hospitalization supplied by the county on account of such injury.
2. Injury means any personal injury suffered by an individual, and accidentally caused in, by, or as the proximate result of, the movement of a motor vehicle on a public street or highway within this state, whether the injured person is the operator of the vehicle, a passenger in the vehicle or another vehicle, a pedestrian, or whatever the relationship of the injured person to the movement of the vehicle, and whether or not the vehicle is under the control of an individual at the time of the injury.
3. Motor vehicle means every vehicle which is self-propelled but not operated upon rails.
Sec. 3. The legislature finds and declares that:
1. The obligation of the counties of this state to provide medical aid and hospitalization for indigents imposes a severe financial burden on the counties; and
2. The cost of providing such medical aid and hospitalization for such indigents should be shared in part by the state.
Sec. 4. 1. In motor vehicle accident cases wherein a nonresident transient indigent traveling through the State of Nevada suffers an injury and the cost of medical aid and hospitalization is paid for by the county wherein the accident occurred, the board of county commissioners of such county may file a claim or claims with the state board of examiners for reimbursement in whole or in part for such cost.
κ1963 Statutes of Nevada, Page 1359 (CHAPTER 483, SB 97)κ
injury and the cost of medical aid and hospitalization is paid for by the county wherein the accident occurred, the board of county commissioners of such county may file a claim or claims with the state board of examiners for reimbursement in whole or in part for such cost.
2. All claims made by counties for reimbursement pursuant to subsection 1 shall be:
(a) In such form and contain such information as the state board of examiners may require; and
(b) Accompanied by:
(1) Such proof of indigency as the state board of examiners may require.
(2) A certified copy of a judgment for money wherein the county is the judgment creditor and the indigent is the judgment debtor, the judgment having been entered in favor of the county for the cost of medical aid and hospitalization given to the indigent and paid for by the county.
(3) A certified copy of a writ of execution on the judgment for money, the return thereof indicating that the judgment has been only partially satisfied or that the judgment cannot be satisfied.
3. The state board of examiners is authorized to adopt and enforce necessary regulations to effectuate the provisions of this section.
Sec. 5. 1. Claims of counties made pursuant to section 4 of this act, when approved by the state board of examiners, shall be paid from the motor vehicle accident indigent fund hereby created in the state treasury, but the total aggregate amount paid from the motor vehicle accident indigent fund to any one county in any one fiscal year shall not exceed the sum of $10,000.
2. Moneys for the motor vehicle accident indigent fund shall be provided by direct legislative appropriation from the general fund.
3. All moneys received by counties pursuant to the provisions of sections 2 to 5, inclusive, of this act, shall be deposited to the credit of the general fund of the county.
Sec. 6. There is hereby appropriated from the general fund in the state treasury to the motor vehicle accident indigent fund the sum of $340,000.
Sec. 7. This act shall become effective on July 1, 1963, only if the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law. If the Sales and Use Tax Act is not so amended then this act shall not become effective.
________
κ1963 Statutes of Nevada, Page 1360κ
Assembly Bill No. 537Committee on Ways and Means
CHAPTER 484
AN ACT to amend NRS section 387.127, relating to the apportionment of the emergency state distributive school fund, by limiting expenditures of school districts within this state for maintenance and operation of the public schools; creating in the state treasury the emergency state distributive school fund and authorizing payments therefrom to school districts by the state board of education; appropriating moneys from the general fund in the state treasury to the emergency state distributive school fund; providing that this act shall become effective if the Sales and Use Tax Act is amended by the people at the special election to be held in June 1963; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.127 is hereby amended to read as follows:
387.127 [1. Whenever the state board of education finds that any school district, actually employing 45 or less certified employees and for which there has been levied the maximum local tax of $1.50 for operating costs as authorized by law (and not including any special tax authorized by the provisions of NRS 387.290), and in which school district the county average ratio of assessed valuation of property to true valuation computed pursuant to the provisions of NRS 387.200 is equal to or greater than the state average, cannot meet its budget requirements, the state board of education is authorized to make special quarterly apportionments, not to exceed a sum equal to $250 multiplied by the number of certified employees actually employed by the school district, from the emergency state distributive school fund, payable at the same time as regular apportionments are paid from the state distributive school fund. The state board of education is authorized to make regulations necessary to carry out the provisions of this subsection.
2. There is hereby created in the state treasury the emergency state distributive school fund. Moneys for the emergency state distributive school fund shall be provided by legislative appropriation from the general fund.] 1. As used in this section, average daily attendance means the 6 months of highest average daily attendance for the current school year.
2. Notwithstanding the provisions of any other law, general or special, and except for the provisions contained in subsection 3, no school district may expend moneys for the maintenance and operation of the public schools within the school district for a fiscal year in excess of an amount of money equivalent to the number of pupils in average daily attendance computed pursuant to the provisions of NRS 387.125 multiplied by the total cost per pupil in the fiscal year which commenced on July 1, 1961, and which ended on June 30, 1962, plus 15 percent; or in excess of an amount of money equivalent to the number of pupils in average daily attendance computed pursuant to the provisions of NRS 387.125 multiplied by the total cost per pupil in the fiscal year commencing on July 1, 1962, and ending on June 30, 1963, plus 5 percent; or in excess of an amount equivalent to the number of pupils in average daily attendance computed pursuant to the provisions of NRS 387.125 multiplied by the total cost per pupil in the fiscal year commencing on July 1, 1963, and ending on June 30, 1964, plus 5 percent, whichever amount is larger.
κ1963 Statutes of Nevada, Page 1361 (CHAPTER 484, AB 537)κ
pupils in average daily attendance computed pursuant to the provisions of NRS 387.125 multiplied by the total cost per pupil in the fiscal year commencing on July 1, 1963, and ending on June 30, 1964, plus 5 percent, whichever amount is larger. It shall be assumed for the purpose of carrying out the provisions of this section that in calculating the cost per pupil for the fiscal year commencing on July 1, 1963, and ending on June 30, 1964, the estimated average daily attendance and the estimated total expenditures (but excluding the expenditures of any funds received from the Federal Government for the sale of school district property) contained in the budgets filed with the Nevada tax commission for the fiscal year commencing on July 1, 1963, and ending on June 30, 1964, are actual figures and not estimates.
3. The limitations of expenditures of school districts contained in subsection 2 shall not apply to:
(a) Payments of interest on and redemption of outstanding bonds of the school district.
(b) Payments of interest on and payment of any temporary emergency loans made by a school district pursuant to the provisions of NRS 354.410 to 354.460, inclusive.
(c) Any moneys received by a school district from the Federal Government or private sources for special purposes, which moneys have not heretofore been paid or made available to school districts by the Federal Government or private individuals, agencies or institutions.
(d) Any moneys received from the sale of school district property which is to be used for site acquisition or school building construction.
4. Subject to the provisions of subsection 5, whenever the state board of education finds that any school district has levied the maximum local tax of $1.50 for operating costs as authorized by law (and not including any special tax authorized by the provisions of NRS 387.290) and finds that the school district cannot meet its budget requirements within the limitations of subsection 2, there shall be paid from the emergency state distributive school fund an amount equivalent to the difference between the budget requirements within the limitations of subsection 2 and the funds available from the state distributive school fund plus other state and federal sources plus revenues from the local tax of $1.50, except that in no instance shall there be paid from the emergency state distributive school fund to a school district in any fiscal year an amount in excess of 92 percent of the maximum amount authorized to be paid from the emergency state distributive school fund pursuant to the provisions of this section. The state board of education is authorized to make regulations necessary to carry out the provisions of this subsection.
5. Notwithstanding any of the provisions of subsection 4, no school district shall receive from the emergency state distributive school fund in any fiscal year an amount less than the sum of the average daily attendance of that year as computed pursuant to the provisions of NRS 387.125 multiplied by $18.40 and the average daily attendance of kindergarten pupils of that year as computed pursuant to the provisions of NRS 387.125 multiplied by $9.20.
κ1963 Statutes of Nevada, Page 1362 (CHAPTER 484, AB 537)κ
6. There is hereby created in the state treasury the emergency state distributive school fund to be used for the purpose of assisting school districts in which the sources of operating revenue as authorized by law are not sufficient to meet budget requirements. Moneys for the emergency state distributive school fund shall be provided by legislative appropriation from the general fund.
7. For the fiscal year commencing July 1, 1963, and ending on June 30, 1964, it shall be assumed for the purpose of carrying out the provisions of this section that all school districts have levied the maximum local tax of $1.50 and have submitted budgets which will allow for the maximum aid provided by this section from the emergency state distributive school fund.
8. This section shall expire by limitation on July 1, 1965.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the emergency state distributive school fund for the fiscal year commencing July 1, 1963, and ending on June 30, 1964, the sum of $2,650,000. There is hereby appropriated from the general fund in the state treasury to the emergency state distributive school fund for the fiscal year commencing July 1, 1964, and ending on June 30, 1965, the sum of $3,150,000. The balance of any moneys herein appropriated for the fiscal year commencing July 1, 1963, to the emergency state distributive school fund remaining unexpended on July 1, 1964, may be expended during the fiscal year commencing on July 1, 1964, and shall not revert to the general fund in the state treasury.
Sec. 3. This act shall become effective on July 1, 1963, only if the Sales and Use Tax Act is amended by a majority of the registered voters voting at the special election to be held on June 11, 1963, pursuant to law. If the Sales and Use Tax Act is not so amended then this act shall not become effective.
________
Senate Bill No. 290Committee on Finance
CHAPTER 485
AN ACT appropriating moneys from the general fund and the state highway fund in the state treasury for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the passage and approval of this act there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 2 to 11, inclusive, of this act the sum of $2,978,085.
κ1963 Statutes of Nevada, Page 1363 (CHAPTER 485, SB 290)κ
Sec. 2. The sum of $944,685 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements within the capitol complex, Carson City, Ormsby County, Nevada:
1. Installation of a womens restroom in the capitol building;
2. Installation of a fire evacuation system in state-owned buildings;
3. A printing office and plant; and
4. Acquisition of real property.
Sec. 3. The sum of $385,000 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements at the Nevada girls training center, Lincoln County, Nevada:
1. Site development;
2. Two dormitories; and
3. A swimming pool.
Sec. 4. The sum of $429,900 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements at the Nevada youth training center, Elko County, Nevada:
1. Site development;
2. Two dormitories; and
3. An emergency generator; and
4. Remodeling of the old school building.
Sec. 5. The sum of $210,900 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements at the Nevada state hospital ,Washoe County, Nevada:
1. Housing for three physicians;
2. Rehabilitation of the food service building; and
3. Remodeling of the male ward building.
Sec. 6. The sum of $119,800 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements at the Nevada state prison, Ormsby County, Nevada:
1. A bypass security road, security fencing and miscellaneous paving;
2. A security tower at the northwest entrance; and
3. Design and construction of electrical rehabilitation.
Sec. 7. The sum of $37,900 of the moneys appropriated in section 1 of this act is hereby allocated for the preparation of the contract documents and the planned construction of an inmate dormitory, related structures and site improvements at the minimum security prison in Ormsby and Douglas Counties, Nevada.
Sec. 8. The sum of $350,000 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements at Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada:
1. Preparation of the contract documents and related work necessary to the planned construction of a social science building;
2. Site development, walks and utilities; and
3. Land acquisition within the NW 1/4 SE 1/4; E 1/2 E 1/2 NE 1/4 SW 1/4 of Section 22, T. 21 S., R. 61 E., M.D.B. & M.
Sec. 9. The sum of $448,700 of the moneys appropriated in section 1 of this act is hereby allocated for the following capital improvements at the University of Nevada, Reno, Washoe County, Nevada:
κ1963 Statutes of Nevada, Page 1364 (CHAPTER 485, SB 290)κ
1. Preparation of the contract documents and related work necessary to the planned construction of physical education facilities (Phase I);
2. Acquisition of equipment for the engineering-mines building;
3. Site development, walks and utilities; and
4. Acquisition of property optioned by the Roman Catholic Bishop.
Sec. 10. The sum of $27,000 of the moneys appropriated in section 1 of this act is hereby allocated for the demolition of the Nevada state childrens home old building and annex, Carson City, Ormsby County, Nevada.
Sec. 11. The sum of $24,200 of the moneys appropriated in section 1 of this act is hereby allocated for survey work in the capitol complex, Carson City, Ormsby County, Nevada, and at various state institutions.
Sec. 12. On July 1, 1964, there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements set forth in sections 13 and 14 of this act the sum of $127,000.
Sec. 13. The sum of $82,000 of the moneys appropriated in section 12 of this act is hereby allocated for the remodeling of the existing building of the department of highways in the capitol complex, Carson City, Ormsby County, Nevada.
Sec. 14. The sum of $45,000 of the moneys appropriated in section 12 of this act is hereby allocated for the acquisition of dormitory and dining hall furnishings and equipment for Nevada Southern, the regional branch of the University of Nevada in Clark County, Nevada.
Sec. 15. Upon the passage and approval of this act there is hereby appropriated from the state highway fund in the state treasury the sum of $40,000 for the support of the state planning board in preparing the contract documents and related work necessary to the planned construction of a building for the department of motor vehicles, which building shall be located in the vicinity of the new building for the department of highways in Ormsby County, Nevada.
Sec. 16. 1. If the Sales and Use Tax Act is amended by a majority of the registered voters of the state voting at the special election to be held on June 11, 1963, pursuant to law, on July 1, 1963, there is hereby appropriated from the general fund in the state treasury for the support of the state planning board in carrying out the program of capital improvements hereinafter set forth in subsections 2 to 4, inclusive, of this section, the sum of $2,150,000.
2. The sum of $550,000 of the moneys appropriated in subsection 1 of this section is hereby allocated for the construction of an inmate dormitory, related structures and site improvements at the minimum security prison, Ormsby and Douglas Counties, Nevada.
3. The sum of $950,000 of the moneys appropriated in subsection 1 of this section is hereby allocated for the construction of a social science building at Nevada Southern, the regional branch of the University of Nevada, Clark County, Nevada.
4. The sum of $650,000 of the moneys appropriated in subsection 1 of this section is hereby allocated for the construction of physical education facilities (Phase I) at the University of Nevada, Reno, Washoe County, Nevada.
κ1963 Statutes of Nevada, Page 1365 (CHAPTER 485, SB 290)κ
education facilities (Phase I) at the University of Nevada, Reno, Washoe County, Nevada.
5. If the Sales and Use Tax Act is not amended by a majority of the registered voters of the state voting at the special election to be held on June 11, 1963, pursuant to law, then this section shall not become effective.
Sec. 17. 1. If the Sales and Use Tax Act is amended by a majority of the registered voters of the state voting at the special election to be held on June 11, 1963, pursuant to law, on January 1, 1965, there is hereby appropriated from the general fund in the state treasury for the support of the state planning board the sum of $1,456,000 for the purpose of constructing and furnishing in a minimum manner a social science (history) building at the University of Nevada, Reno, Washoe County, Nevada.
2. If the Sales and Use Tax Act is not amended by a majority of the registered voters of the state voting at the special election to be held on June 11, 1963, pursuant to law, then this section shall not become effective.
Sec. 18. 1. The state planning board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS;
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
3. All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. Except as provided in subsection 5 of this section, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
5. The state planning board shall not be required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
κ1963 Statutes of Nevada, Page 1366 (CHAPTER 485, SB 290)κ
the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 19. Except as otherwise provided in this act, this act shall become effective upon passage and approval.
________
Assembly Bill No. 520Committee on Taxation
CHAPTER 486
AN ACT providing for holding a special election in the State of Nevada on June 11, 1963, and for the submission at such special election to the people of the State of Nevada the question whether the Sales and Use Tax Act of 1955 should be amended to increase the sales and use taxes from 2 percent to 3 percent, effective July 1, 1963; imposing certain duties on the secretary of state, county clerks, boards of county commissioners and other officers; providing the details of such special election; making appropriations for the payment of such special election and other necessary expenses; making certain acts unlawful and providing penalties therefor; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A special election shall be held in the State of Nevada on Tuesday, June 11, 1963, for the purpose of submitting to the registered voters of the state an act proposing to amend the Sales and Use Tax Act which was enacted by the 47th session of the legislature of the State of Nevada and approved by the governor in 1955 and subsequently approved by the people of this state at the general election held on November 6, 1956.
Sec. 2. Not less than 35 days before the date of the election, the secretary of state shall issue or cause to be issued under the great seal of the State of Nevada a proclamation giving notice of the special election, which proclamation shall be in substantially the following form:
Special Election Proclamation
Notice is hereby given that on Tuesday, June 11, 1963, at the voting place of each precinct and voting district in the State of Nevada a special election will be held for the adoption or rejection by the registered voters of the state of the following proposed act:
An Act to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955.
The People of The State of Nevada Do Enact as Follows:
Section 1. Section 19 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 766, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 1367 (CHAPTER 486, AB 520)κ
Section 19. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers at the rate of [2] 3 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in this state on or after July 1, [1955.] 1963.
Sec. 2. Section 34 of the above-entitled act, being chapter 397, Statutes of Nevada 1955, at page 769, is hereby amended to read as follows:
Section 34. An excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer on or after July 1, [1955,] 1963, for storage, use, or other consumption in this state at the rate of [2] 3 percent of the sales price of the property.
Sec. 3. This act shall become effective on July 1, 1963.
Sec. 3. Not less than 35 days before the date of the special election, the secretary of state shall prepare and transmit by mail to the county clerk of each county in this state a sufficient number of certified copies of the special election proclamation for such county clerk to carry out the duties imposed upon him by the provisions of this act.
Sec. 4. 1. Not less than 10 days before the date of the special election, each county clerk shall cause one certified copy of the special election proclamation to be posted in each precinct and voting district within the county outside of incorporated cities.
2. The county clerk shall cause the special election proclamation to be published once a week for 2 consecutive weeks prior to the date of the special election in a newspaper published within the county and having a general circulation therein or if no newspaper is published within the county then in a newspaper published in the State of Nevada and having a general circulation in the county.
Sec. 5. 1. Each county clerk shall cause to be published at least once, the publication to be not more than 32 days nor less than 22 days next preceding the date of the special election, in a newspaper published within the county and having a general circulation therein, or if no newspaper is published within the county then in a newspaper published in the State of Nevada and having a general circulation in the county, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
2. Except as provided in subsection 3, the office of the county clerk shall be open for the registration of qualified electors for the special election from 9 a. m. to 12 m. and from 1 p. m. to 5 p. m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted.
3. During the 5 days preceding the close of registration before the special election, the office of the county clerk shall be open from 9 a. m. to 5 p. m. and from 7 p. m. to 9 p. m. on Monday through Saturday, with Sunday and any legal holidays excepted.
4. The office of the county clerk shall be open for registration of voters for the special election from and including the 30th day next preceding such election up to but excluding the 20th day next preceding such election and during regular office hours.
κ1963 Statutes of Nevada, Page 1368 (CHAPTER 486, AB 520)κ
Sec. 6. 1. Any qualified elector who is properly registered shall be qualified to vote on the question submitted at the special election. Absent voting shall be permitted thereon. Voting machines may be used for the submission of the question. Voting machines used in the previous city general elections held in cities within the county may be used, provided such voting machines are certified as recanvassed by the county clerk.
2. The county clerk may consolidate or otherwise modify precincts or voting districts, shall designate the polling places, shall appoint election board officers for each precinct or voting district in such number as he may determine, and shall fix their duties and compensation, which compensation shall not exceed that specified in NRS 293.460.
Sec. 7. 1. At the time of issuing the special election proclamation, the secretary of state shall designate the color, size and form of all ballots and shall furnish the county clerks with the paper for the ballots. If possible, the paper shall be watermarked with a design furnished by the secretary of state in such manner that the watermark shall be plainly discernible on the outside of the ballot when folded properly.
2. The ballots shall be printed at the expense of the respective counties. No sample ballots shall be printed or distributed.
3. Any variance from the form prescribed by the secretary of state in any ballot cast at the special election shall not be so construed as to invalidate the same, provided it can be ascertained with reasonable certainty therefrom whether the voter intended to vote for or against the question by such ballot.
Sec. 8. 1. The paper ballots to be used at the special election shall contain the question to be voted upon and an explanation of the question as follows:
Shall-An Act to amend an act entitled An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto, approved March 29, 1955.-be approved?
Yes...........................................
No...........................................
(Explanation of Question)
The proposed amendments to the Sales and Use Tax Act of 1955 would increase the sales and use taxes from 2 percent to 3 percent effective July 1, 1963. A yes vote is a vote to increase the sales and use taxes. A no vote is a vote not to increase the sales and use taxes.
2. The ballot labels to be used on voting machines used in voting on the question shall be in substantially the following form:
Shall the Sales and Use Tax Act of 1955 be amended to increase the sales and use taxes from 2 percent to 3 percent effective July 1, 1963?
Yes................ No..................
κ1963 Statutes of Nevada, Page 1369 (CHAPTER 486, AB 520)κ
Sec. 9. 1. Notwithstanding the number of registered voters in any county, the polls shall open at 8 a. m. and close at 6 p. m.
2. As soon as the polls are closed, the election board officers shall proceed to count the vote. The counting procedure shall be public and continue without adjournment until completed and shall be substantially in form and manner as provided by law for general elections in this state. The returns shall be completed by the election board officers and transmitted to the county clerk within 5 days after the closing of the polls at the special election.
Sec. 10. 1. When the returns of the special election have been received by the county clerk, the board of county commissioners in each county shall convene specially not less than 3 days after the county clerk has received the special election returns, and shall forthwith proceed to canvass the returns.
2. The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for and against the question. The board of county commissioners, after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same by mail to the secretary of state in sufficient time to arrive at the office of the secretary of state on or before June 24, 1963.
Sec. 11. 1. On June 26, 1963, the justices of the supreme court, or a majority thereof, shall meet with the secretary of state, and shall open and canvass the vote for and against the question submitted and shall forthwith declare the results.
2. If a majority of the votes cast is for the question submitted the amendments to the Sales and Use Tax Act of 1955 shall become effective on July 1, 1963. If a majority of the votes cast is against the question submitted the question shall have failed and the amendments to the Sales and Use Tax Act of 1955 shall not become effective.
Sec. 12. 1. The general election laws of this state consistent with the provisions of this act are hereby made applicable to the special election, and all election board officers shall perform all duties at the special election which are prescribed by the general election laws so far as the same are applicable to the special election.
2. Any county commissioner, sheriff, deputy sheriff, county clerk, election board officer, deputy registrar, or other officer who shall willfully or intentionally fail, neglect or omit to perform the duties prescribed by law for holding the special election is guilty of a misdemeanor in office, and shall, on conviction thereof, be punished by a fine not exceeding $500 or by imprisonment in the county jail not exceeding 6 months, or by both such fine and imprisonment, and shall forfeit and be removed from any office of profit or trust held by him at the time of such conviction.
Sec. 13. Any informalities, omissions or defects in the publications, proclamations, notices or in making the same, as provided in this act, or in the other proceedings by the officers thereof under which the special election shall be held shall not be so construed as to render invalid the adoption by a majority of the registered voters of the state voting on the question, provided it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether such question was adopted or rejected by a majority of such registered voters voting thereon at the special election.
κ1963 Statutes of Nevada, Page 1370 (CHAPTER 486, AB 520)κ
state voting on the question, provided it can be ascertained with reasonable certainty from the official returns transmitted to the office of the secretary of state whether such question was adopted or rejected by a majority of such registered voters voting thereon at the special election.
Sec. 14. 1. There is hereby appropriated from the general fund in the state treasury for the support of the office of the secretary of state the sum of $1,500 for the payment of the necessary costs incurred by the secretary of state in carrying out the provisions of this act.
2. There is hereby appropriated from the general fund in the state treasury for the support of the Nevada tax commission the sum of $5,000 to be expended by the Nevada tax commission for printing necessary forms, permits and other materials used in connection with the administration of the Sales and Use Tax Act in anticipation of the approval of the question submitted at the special election.
3. There is hereby appropriated from the general fund in the state treasury the sum of $137,721 to be used to pay the counties of this state for the actual costs incurred by them in conducting the special election. The moneys appropriated by this subsection shall be allocated as follows:
County Amount
Churchill.......................................................................................................... $3,960
Clark................................................................................................................. 61,600
Douglas........................................................................................................... 3,355
Elko................................................................................................................... 5,720
Esmeralda........................................................................................................ 908
Eureka.............................................................................................................. 1,485
Humboldt......................................................................................................... 2,998
Lander.............................................................................................................. 2,090
Lincoln............................................................................................................. 1,650
Lyon................................................................................................................. 4,400
Mineral............................................................................................................. 6,270
Nye................................................................................................................... 2,970
Ormsby............................................................................................................ 3,960
Pershing........................................................................................................... 2,475
Storey............................................................................................................... 1,265
Washoe........................................................................................................... 28,050
White Pine....................................................................................................... 4,565
4. Immediately after ascertaining the actual costs of the special election incurred by the county, each board of county commissioners shall certify the same to the state board of examiners by claim, which claim shall be paid as other claims against the state are paid, but the state board of examiners shall approve each such claim only for the actual costs incurred by each county and not to exceed the amount allocated to each county in subsection 3. Any costs incurred by a county in excess of the amount so allocated in subsection 3 shall be paid by the county.
κ1963 Statutes of Nevada, Page 1371 (CHAPTER 486, AB 520)κ
5. Any balances of the moneys appropriated by subsections 1, 2 and 3 remaining unexpended on September 1, 1963, shall revert to the general fund of the state on September 1, 1963.
Sec. 15. This act shall become effective upon passage and approval.
________
Senate Bill No. 287Senator Brown
CHAPTER 487
AN ACT to amend NRS section 244.760, relating to the maximum bonding limit of counties for county recreational purposes, by increasing the maximum bonding limit in counties having a population of 120,000 or more persons from 3 percent to 5 percent of the total last-assessed valuation of the taxable property of the county.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.760 is hereby amended to read as follows:
244.760 1. Except for revenue bonds, the maximum bonding limit of any county 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, for such county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, shall be [3] 5 percent of the total last-assessed valuation of the taxable property of the county, and no such county shall issue bonds for such recreational purposes, excluding revenue bonds, in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of the valuation.
2. Except for revenue bonds, the maximum bonding limit of any county having a population of less than 120,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, for such county recreational purposes under the provisions of NRS 244.640 to 244.780, inclusive, shall be 3 percent of the total last-assessed valuation of the taxable property of the county, and no such county shall issue bonds for such recreational purposes, excluding revenue bonds, in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of the valuation.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 1372κ
Senate Bill No. 280Committee on Judiciary
CHAPTER 488
AN ACT to amend chapters 293 and 295 of NRS, relating to elections and initiative and referendum, by adding new sections limiting candidacies of persons who have changed party affiliations, providing the procedure upon the death of a candidate, prohibiting electioneering at polling places, providing for payment of expenses of certain election board officers, providing a procedure for certain recounts, and conforming the initiative and referendum provisions to the constitutional provisions relating to initiative and referendum; to amend NRS sections 293.073, 293.127, 293.177, 293.217, 293.297, 293.350 to 293.355, inclusive, 293.387 to 293.393, inclusive, 293.460, 293.560, 293.570 to 293.580, inclusive, 306.020 to 306.040, inclusive, 314.110, 314.140, 314.160, 386.250, 387.345, 387.360, 387.370, 387.540, 387.555 and 387.565, relating to elections, by redefining political party; by broadening the provisions relating to construction of the election laws; by changing the form of declarations of candidacy; by prohibiting appointment of candidates to election boards; by clarifying provisions relating to ballots, ballot labels, mailing precincts and canvass of votes by boards of county commissioners; by changing the provisions relating to compensation of election officers in certain counties; by changing the dates of closing of registrations; by clarifying provisions relating to municipal elections, cemetery district elections and school district elections; by clarifying provisions relating to recall of public officers; and by providing for judicial hearings to determine validity of recall petitions; to repeal NRS sections 295.010 to 295.130, inclusive, relating to initiative and referendum; providing penalties; and providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.127 is hereby amended to read as follows:
293.127 This Title shall be liberally construed to the end that all electors shall have an opportunity to participate in elections and that the real will of the electors may not be defeated by any informality or by failure substantially to comply with the provisions of this Title with respect to the giving of any notice or the conducting of [the primary] an election or certifying the results thereof.
Sec. 2. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot or a ballot label to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not later than 5 p. m. of the 3rd Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section shall be in substantially the following form:
DECLARATION OF CANDIDACY OF .............................. FOR THE
OFFICE OF ..............................
|
STATE OF NEVADA
COUNTY OF........................... |
} |
ss. |
κ1963 Statutes of Nevada, Page 1373 (CHAPTER 488, SB 280)κ
For the purpose of having my name placed on the official primary ballot as a candidate for the .............................. Party nomination for the office of .............................., I, the undersigned .............................., do swear (or affirm) that I reside at No. ......., .............................. Street, in the City (or Town) of ............................, County of ........................., State of Nevada; that I am a registered voter of the election precinct in which I reside; that I am registered as a member of the ............................. Party; that I have not [reregistered and] changed the designation of my political party affiliation on an official affidavit of registration in any state since the date of the last [general] primary election; that I believe in and intend to support the principles and policies of such political party in the coming election; that if nominated as a candidate of the .............................. Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto.
.......................................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ................. day of ......................, 19.......
.......................................................................
Notary Public (or other officer
authorized to administer an oath)
Sec. 3. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No person may be a candidate for a party nomination in any primary election if he has changed the designation of his political party affiliation on an official affidavit of registration in the State of Nevada or in any other state since the date of the last primary election in the State of Nevada.
Sec. 4. (There is no section of this number.)
Sec. 5. NRS 293.297 is hereby amended to read as follows:
293.297 1. Any voter who spoils his ballot may return such spoiled ballot to the election board and receive another in its place.
2. The election board officers shall indicate in the pollbook that such ballot is spoiled and shall enter the number of the ballot issued in its place.
3. Each spoiled ballot returned shall be canceled without unfolding it by writing the word canceled across the [face] back of the ballot. A record shall be made of such canceled ballots at the closing of the polls and before counting. Such ballots shall be returned to the county clerk with the election supplies and the ballots not issued to voters.
Sec. 6. NRS 293.350 is hereby amended to read as follows:
293.350 1. The county clerk shall:
(a) Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;
(b) Enroll the name and address of each voter found eligible to vote in such precincts in the [absent ballot] mailing precinct record book;
κ1963 Statutes of Nevada, Page 1374 (CHAPTER 488, SB 280)κ
vote in such precincts in the [absent ballot] mailing precinct record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the [applicant.] registered voter.
2. The ballot shall be accompanied by:
(a) A stamp and stamp pad;
(b) A return envelope; and
(c) Instructions regarding the manner of stamping and returning the ballot.
Sec. 7. NRS 293.353 is hereby amended to read as follows:
293.353 Upon receipt of a mailing ballot from the county clerk, the [applicant] registered voter shall:
1. Immediately after opening the envelope, mark and fold the ballot;
2. Place the ballot in the return envelope;
3. Affix his signature on the back of the envelope; and
4. Mail or deliver the envelope to the county clerk.
Sec. 8. NRS 293.355 is hereby amended to read as follows:
293.355 Upon receipt of the return envelope from the [applicant,] registered voter, the county clerk shall follow the same procedure as in the case of absent ballots.
Sec. 9. NRS 293.387 is hereby amended to read as follows:
293.387 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners such board shall meet and proceed to canvass the returns. The canvass shall be completed on or before the [seventh] 10th day following the election.
2. The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for each candidate. The board of county commissioners, after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same to the secretary of state within [7] 10 days after the day of election.
3. The secretary of state shall, immediately after any primary, compile the returns for all candidates voted for in more than one county. He shall make out and file in his office an abstract thereof, and shall certify to the county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.
Sec. 10. NRS 293.390 is hereby amended to read as follows:
293.390 If two or more counties or parts thereof are united in one district for the election of any district officer, the board of county commissioners of each county shall canvass the votes of its county for such office and transmit to the board of county commissioners of the county having the largest number of registered voters a copy of the abstract of votes for such office, except for the [office of district judge.] offices specified in subsection 1 of NRS 293.185. The board of county commissioners receiving such abstracts shall make a final abstract of the total vote.
κ1963 Statutes of Nevada, Page 1375 (CHAPTER 488, SB 280)κ
Sec. 11. NRS 293.391 is hereby amended to read as follows:
293.391 1. The voted ballots, rejected ballots, spoiled ballots, tally lists, challenge lists and stubs of the ballots used, enclosed and sealed, shall, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk, and preserved until the next [general] election, after which they may be destroyed.
2. The pollbooks and tally lists deposited with the board of county commissioners shall be subject to the inspection of any elector who may wish to examine the same at any time after their deposit with the county clerk.
3. The ballots deposited with the county clerk shall not be subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom such election is being contested.
Sec. 12. NRS 293.393 is hereby amended to read as follows:
293.393 1. On or before the [1st Tuesday] 10th day after any general election, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes [for United States Senator and for Representative in Congress shall be on one sheet, abstracts of votes for district and state officers shall be on one sheet, abstracts of votes for presidential electors shall be on one sheet, abstracts of votes for members of the legislature shall be on one sheet, the abstracts of votes for county and township officers shall be on one sheet, and the abstracts of votes upon any question shall be on one sheet.] shall be prepared in such manner as the secretary of state shall prescribe by regulation.
3. The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for members of the legislature, district, county and township offices.
4. Each such certificate shall be delivered to the person elected upon application at the office of the county clerk.
Sec. 13. NRS 293.460 is hereby amended to read as follows:
293.460 1. In counties having a population of less than 80,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce:
[1.] (a) Each voting board officer serving [in a county] shall receive $10 from the county treasury for the first 8 hours, and $2 per hour thereafter, for all services required to be rendered during the election, including those services rendered prior to the opening of the polls and after the closing thereof.
[2.] (b) Each counting board officer shall receive the sum of $10 for the first 8 hours, and $2 per hour thereafter.
[3.] (c) Where an election board acts as both voting board and counting board, each member shall receive $10 for the time he acts as a voting board member, and $2 per hour for each hour he acts as a counting board member.
[4.] (d) Where voting machines are used, each election board officer shall receive the sum of $20 for his services.
[5.] (e) Specially appointed deputy sheriffs shall receive $10 as compensation for rendering the services required of the deputy sheriff on election day.
κ1963 Statutes of Nevada, Page 1376 (CHAPTER 488, SB 280)κ
2. In counties having a population of 80,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the compensation of voting board officers, counting board officers, specially appointed deputy sheriffs and other election board officers shall be fixed by county ordinance.
Sec. 14. NRS 293.560 is hereby amended to read as follows:
293.560 1. Registration shall close at 9 p. m. of the [31st day preceding any primary or general election.] seventh Saturday preceding any primary election and at 9 p. m. of the sixth Saturday preceding any general election.
2. The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.
3. Such notice shall be published once each week for 4 consecutive weeks next preceding the close of registration for any election.
4. At least 15 days before the time when the county clerks register is closed for any election, the county clerk shall mail to deputy registrars, to be posted in a conspicuous place in each voting precinct outside incorporated cities and in which no newspaper is published, a copy of such notice.
Sec. 15. NRS 293.570 is hereby amended to read as follows:
293.570 1. [In each incorporated city in this state, it shall not be necessary to have a new registration of electors prior to any special or regular municipal election.
2. During the time intervening between the closing of any registration of electors prior to the last preceding general election and the date of the next ensuing regular or special municipal election, the] Unless otherwise provided for by special charter, registration of electors in incorporated cities shall be accomplished in the manner provided in this chapter.
2. The county [registrar] clerk shall prepare for the city clerk of each incorporated city within his county the official register containing the original registration affidavits of all electors eligible to vote at [such] a regular or special [municipal] city election.
3. The official register shall be prepared in suitable books, one for each ward or other voting district within each incorporated city, and the original registration affidavits shall be arranged alphabetically with the surnames first.
4. The county [registrar] clerk shall keep duplicate copies of the registration affidavits contained in the official register in his office.
Sec. 16. NRS 293.573 is hereby amended to read as follows:
293.573 1. Not later than 3 days preceding the day on which a [municipal] city election is to be held, the county [registrar] clerk shall prepare a checklist for each ward or other voting district in the city. Each checklist shall:
(a) Be prepared in an index book and shall contain the names and addresses of all electors eligible to vote at such election for each ward or other voting district arranged alphabetically with surnames first.
κ1963 Statutes of Nevada, Page 1377 (CHAPTER 488, SB 280)κ
addresses of all electors eligible to vote at such election for each ward or other voting district arranged alphabetically with surnames first.
(b) Have a blank column at the right of the column of names formed by two parallel perpendicular lines with a written heading showing the particular election to which the checklist applies.
2. Election board members shall check the names of those persons voting, indicating the same by some particular symbol, such as V for voted.
Sec. 17. NRS 293.575 is hereby amended to read as follows:
293.575 Not later than 3 days before the day on which any regular or special [municipal] city election is held, the county [registrar] clerk shall deliver to the city clerk:
1. The official register for the city.
2. The checklists for each ward or voting district therein.
Sec. 18. NRS 293.577 is hereby amended to read as follows:
293.577 The city council or other governing body of the city shall provide all necessary books, ballots and supplies for the proper conduct of [municipal] city elections.
Sec. 19. NRS 293.580 is hereby amended to read as follows:
293.580 If the city council or other governing body of the city deems it necessary or expedient, it shall cause a list of the electors registered to vote at any [municipal] city election to be published.
Sec. 20. NRS 314.110 is hereby amended to read as follows:
314.110 1. Following the adoption of a resolution, as provided in NRS 314.100, designating that the election shall be consolidated with the next primary or general election, the board of trustees shall:
(a) Immediately transmit certified copies of the resolution to the county clerk and to the board of county commissioners of the county in which the district is located.
(b) Cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county in which the district is located once in each calendar week for two successive calendar weeks immediately preceding the date of the election.
2. Following the adoption of a resolution, as provided in NRS 314.100, designating the election as a special election, the board of trustees shall immediately transmit certified copies of the resolution to the county clerk and to the board of county commissioners of the county in which the district is located. Immediately upon receipt of a certified copy of the resolution calling a special bond election, the [board of county commissioners] county clerk shall take such action as [the board of county commissioners] he may deem necessary in accordance with the provisions of subsection 3 of NRS 314.140, and thereupon shall, in writing, notify the board of trustees of such action. After receipt of the written notice from the [board of county commissioners] county clerk the board of trustees shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county in which the district is located once in each calendar week for two successive calendar weeks immediately preceding the date of the election.
κ1963 Statutes of Nevada, Page 1378 (CHAPTER 488, SB 280)κ
3. If no newspaper is printed in the county in which the district is located, then publication of the notice of election shall be made in some newspaper printed in the State of Nevada and having a general circulation in the county in which the district is located.
Sec. 21. NRS 314.140 is hereby amended to read as follows:
314.140 1. All district bond elections shall be conducted as nearly as practicable in the manner provided in chapter 293 of NRS.
2. Upon receipt of the certified copies of the resolution adopted by the board of trustees as provided in NRS 314.110, the board of county commissioners and the county clerk shall perform the duties required by law for holding elections in the several counties, and the election shall be conducted as nearly as practicable in all respects as if it were a county election.
3. The [board of county commissioners] county clerk charged with conducting a special district bond election may, for the purposes of the election, divide the district into special election or consolidated election precincts by consolidating existing precincts, or otherwise, and may change and alter the precincts for such elections as often as occasion requires.
4. The costs of holding a district bond election consolidated with a primary or general election shall be borne by the county, but the expenses of printing necessary ballots and forms of affidavits shall be paid by the district.
5. The costs of holding a special district bond election shall be borne by the district.
6. Costs incurred by the board of trustees for holding a district bond election shall be a proper charge against the districts funds notwithstanding that such costs have not been budgeted.
Sec. 22. NRS 314.160 is hereby amended to read as follows:
314.160 1. The [board of county commissioners] county clerk shall furnish one ballot box at each voting place within the district.
2. Ballots of both colors voted at a district bond election shall be deposited in the ballot box so provided, and no other ballots shall be deposited therein.
Sec. 23. NRS 386.250 is hereby amended to read as follows:
386.250 1. Candidates for the office of trustee shall be nominated in the manner provided by the primary election laws of this state.
2. The declaration of candidacy [, the designation of nomination, and the acceptance of nominations] and the acceptance of a candidacy by candidates for the office of trustee of county school districts shall be filed with the county clerk of the county whose boundaries are conterminous with the county school district boundaries.
3. The declaration of candidacy [, the designation of nomination and the acceptance of nominations] and the acceptance of a candidacy by candidates for the office of trustee of a joint school district shall be filed with the county clerk of the county whose boundaries are conterminous with the school trustee election district boundaries.
Sec. 24. NRS 387.345 is hereby amended to read as follows:
387.345 1. Following the adoption of a resolution, as provided in NRS 387.340, designating that the election shall be consolidated with the next general election, the clerk of the board of trustees shall:
κ1963 Statutes of Nevada, Page 1379 (CHAPTER 488, SB 280)κ
(a) Immediately transmit certified copies of the resolution to the county clerk and to the board of county commissioners of the county whose boundaries are conterminous with the boundaries of the county school district.
(b) Cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county school district once in each calendar week for two successive calendar weeks immediately preceding the date of the election.
2. Following the adoption of a resolution, as provided in NRS 387.340, designating the election as a special election, the clerk of the board of trustees shall immediately transmit certified copies of the resolution to the county clerk and to the board of county commissioners of the county whose boundaries are conterminous with the boundaries of the county school district. Immediately upon receipt of a certified copy of the resolution calling a special school bond election, the [board of county commissioners] county clerk shall take such action as [the board of county commissioners] he may deem necessary in accordance with the provisions of subsection 3 of NRS 387.360, and thereupon shall, in writing, notify the clerk of the board of trustees of such action. After receipt of the written notice from the [board of county commissioners] county clerk the clerk of the board of trustees shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county school district once in each calendar week for two successive calendar weeks immediately preceding the date of the election.
3. If no newspaper is printed in the county school district, then publication of the notice of election shall be made in some newspaper printed in the State of Nevada and having a general circulation it the county school district.
Sec. 25. NRS 387.360 is hereby amended to read as follows:
387.360 1. All school bond elections shall be conducted as nearly as practicable in the manner provided for the conduct of general elections.
2. Upon receipt of the certified copies of the resolution adopted by the board of trustees as provided in NRS 387.345, the board of county commissioners and the county clerk shall perform the duties required by law for holding elections in the several counties, and the election shall be conducted as nearly as practicable in all respects as if it were a county election.
3. The [board of county commissioners] county clerk charged with conducting a special school bond election may, for the purposes of the election, divide the county into special election or consolidated election precincts by consolidating existing precincts, or otherwise, and may change and alter the precincts for such elections, as often as occasion requires.
4. The costs of holding a school bond election consolidated with a general election shall be borne by the county, but the expenses of printing necessary ballots and forms of affidavits shall be paid by the county school district.
5. The costs of holding a special school bond election shall be borne by the county school district.
κ1963 Statutes of Nevada, Page 1380 (CHAPTER 488, SB 280)κ
6. Costs incurred by a board of trustees of a county school district for holding a school bond election shall be a proper charge against the county school district fund notwithstanding that such costs have not been budgeted in accordance with law.
Sec. 26. NRS 387.370 is hereby amended to read as follows:
387.370 1. The [board of county commissioners] county clerk shall furnish one ballot box at each voting place within the county school district.
2. Ballots of both colors voted at a school bond election shall be deposited in the ballot box so provided, and no other ballots shall be deposited therein.
Sec. 27. NRS 387.540 is hereby amended to read as follows:
387.540 1. Following the adoption of a resolution, as provided in NRS 387.535, designating that the election shall be consolidated with the next general election, the clerk of the board of trustees shall:
(a) Immediately transmit certified copies of the resolution to the county clerks and to the boards of county commissioners of the counties whose areas are within the joint school district.
(b) Cause notices of the election to be published in newspapers printed in and having a general circulation in each of the counties the areas of which comprise the joint school district once in each calendar week for two successive calendar weeks immediately preceding the date of the election.
2. Following the adoption of a resolution, as provided in NRS 387.535, designating the election as a special election, the clerk of the board of trustees shall immediately transmit certified copies of the resolution to the county clerks and the boards of county commissioners of the counties whose areas are within the joint school district. Immediately upon receipt of a certified copy of the resolution calling a special school bond election, the [boards of county commissioners] county clerks shall take such action as [the boards of county commissioners] they may deem necessary in accordance with the provisions of subsection 3 of NRS 387.555, and thereupon shall, in writing, notify the clerk of the board of trustees of such action. After receipt of the written notices from the [boards of county commissioners] county clerks the clerk of the board of trustees shall cause notices of the election to be published in newspapers printed in and having a general circulation in each of the counties the areas of which comprise the joint school district once in each calendar week for two successive calendar weeks immediately preceding the date of the election.
3. If no newspaper is printed in a county the area of which is in a joint school district, then publication of the notice of election shall be made in some newspaper printed in the State of Nevada and having a general circulation in that area.
Sec. 28. NRS 387.555 is hereby amended to read as follows:
387.555 1. All school bond elections in a joint school district shall be:
(a) Held separately and simultaneously in each of the counties the areas of which comprise the joint school district.
κ1963 Statutes of Nevada, Page 1381 (CHAPTER 488, SB 280)κ
(b) Conducted as nearly as practicable in the manner provided by the general election laws of this state.
2. Upon receipt of the certified copies of the resolution adopted by the board of trustees as provided in NRS 387.540, each board of county commissioners and each county clerk shall perform the duties required by law for holding elections in the several counties, and the election shall be conducted as nearly as practicable in all respects as if it were a county election.
3. Each [board of county commissioners] county clerk charged with conducting a special school bond election may, for the purposes of the election, divide the county into special election or consolidated election precincts by consolidating existing precincts, or otherwise, and may change and alter the precincts for such elections, as often as occasion requires.
4. The costs of holding a school bond election consolidated with a general election shall be borne by the counties, but the expenses of printing necessary ballots and forms of affidavits shall be paid by the joint school district.
5. The costs of holding a special school bond election shall be borne by the joint school district.
6. Costs incurred by a board of trustees of a joint school district for holding a school bond election shall be a proper charge against the joint school district fund notwithstanding that such costs have not been budgeted in accordance with law.
Sec. 29. NRS 387.565 is hereby amended to read as follows:
387.565 1. [Boards of county commissioners] County clerks of the counties whose areas are within the joint school district shall furnish one ballot box at each polling place within their respective counties.
2. Ballots of both colors voted at a school bond election shall be deposited in the ballot box so provided, and no other ballots shall be deposited therein.
Sec. 30. NRS 293.217 is hereby amended to read as follows:
293.217 The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the county as provided in NRS 293.220 to 293.245, inclusive, and shall conclude such duties no later than 31 days preceding the election. Not all of the registered voters appointed as election board officers for any precinct or district shall be of the same political party. No candidate for nomination or election shall be appointed as an election board officer. Immediately after election board officers are appointed, if requested by the county clerk, the sheriff shall:
1. Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
2. Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized election board officer shall receive no additional compensation for his services rendered as such deputy sheriff during the election for which he is deputized.
κ1963 Statutes of Nevada, Page 1382 (CHAPTER 488, SB 280)κ
he is deputized. Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
Sec. 31. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 32 to 35, inclusive, of this act.
Sec. 32. 1. Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p. m. of the 1st Wednesday in October and before the time of the closing of the polls on the day of the election, the votes cast for such deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate.
2. If the deceased candidate receives the majority of the votes cast for the office, he shall be considered elected and the office to which he was elected shall be vacant at the beginning of the term for which he was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term.
Sec. 33. It is unlawful within 100 feet of any polling place:
1. For any person to solicit a vote or speak to a voter on the subject of marking his ballot.
2. For any person, including an election board officer, to do any electioneering on election day.
Sec. 34. 1. The election board officer who delivers the package containing the election returns shall be paid the amount expended by him in paying the postage on the package, and 15 cents per mile for going to and 15 cents per mile for returning from the post office or the office of the county clerk, in the same manner and out of the same fund as other election expenses are paid.
2. No mileage shall be paid unless the total distance necessarily traveled in going and returning is greater than 2 miles.
Sec. 35. 1. Where a recount is demanded pursuant to the provisions of NRS 293.403, the county clerk of each county affected by the recount shall employ a recount board to conduct the recount in the county, and shall act as chairman of the recount board unless the recount is for the office of county clerk, in which case the chairman of the board of county commissioners shall act as chairman of the recount board. At least one member of the board of county commissioners shall be present at the recount. Each candidate for the office affected by the recount may be present in person or by an authorized representative, but shall not be a member of the recount board.
2. The recount shall include a count of all ballots, including rejected ballots, and shall determine whether such ballots are marked as required by law. The county clerk shall have authority to unseal and give to the recount board all ballots to be counted.
3. In the case of a demand for a recount affecting more than one county, the demand shall be made to the secretary of state, who shall notify the county clerks to proceed with the recount.
Sec. 36. NRS 293.073 is hereby amended to read as follows:
293.073 Political party means [a legally constituted organization of electors organized for the purpose of nominating member candidates, on a basic platform derived or adapted from fundamental policies and principles, for election to office in the manner provided by the election laws of this state.]
κ1963 Statutes of Nevada, Page 1383 (CHAPTER 488, SB 280)κ
by the election laws of this state.] an organization of voters qualified to participate in a primary election in either of the following ways:
1. Any organization of electors which, under a common name or designation at the last preceding general election, polled for any of its candidates a number of votes equal to or more than 5 percent of the total vote cast for Representative in Congress.
2. Any organization which, under a common name or designation files a petition with the secretary of state not less than 60 days prior to any primary election signed by a number of qualified electors equal to or more than 5 percent of the entire number of votes cast at the last preceding general election for Representative in Congress declaring that they represent a political party or principle, the name of which is stated in the petition, and that they desire to participate and nominate candidates in the primary election. The names of the electors need not all be on one petition, but each petition shall be verified by at least one signer thereof to the effect that the signers are qualified electors of the state according to his best information and belief.
Sec. 37. Chapter 295 of NRS is hereby amended by adding thereto the provisions set forth as sections 38 to 43, inclusive, of this act.
Sec. 38. 1. Whenever a number of registered voters of this state equal to 10 percent or more of the number of voters who voted at the last preceding general election shall express their wish by filing with the secretary of state, not less than 4 months before the date of the next succeeding general election, a petition in the form provided for in section 42 of this act that any statute or resolution or any part thereof enacted by the legislature be submitted to a vote of the people, the secretary of state shall submit the question of approval or disapproval of such statute or resolution or any part thereof to a vote of the voters at the next succeeding election at which such question may be voted upon by the registered voters of the entire state.
2. The secretary of state shall certify the questions to the county clerks, and they shall publish the same in accordance with the provisions of law requiring county clerks to publish questions and proposed constitutional amendments which are to be submitted for popular vote.
3. The title of the statute or resolution shall be set out on the ballot, and the question printed upon the ballot for the information of the voters shall be as follows: Shall the statute (setting out the title thereof) be approved?.
4. Where voting machines are used the title of the statute shall appear on the ballot label and may be condensed to 20 words.
5. The votes cast upon such question shall be counted and canvassed as the votes for state officers are counted and canvassed.
6. If a majority of the voters voting upon the proposal submitted at such election votes approval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall stand as the law of the state and shall not be amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people. If a majority of such voters votes disapproval of such statute or resolution or any part thereof, such statute or resolution or any part thereof shall be void and of no effect.
κ1963 Statutes of Nevada, Page 1384 (CHAPTER 488, SB 280)κ
Sec. 39. 1. The people reserve to themselves the power to propose, by initiative petition, statutes and amendments to statutes and amendments to the constitution, and to enact or reject them at the polls.
2. An initiative petition shall be in the form required by section 42 of this act and shall be proposed by a number of registered voters equal to 10 percent or more of the number of voters who voted at the last preceding general election in not less than 75 percent of the counties in the state, but the total number of registered voters signing the initiative petition shall be equal to 10 percent or more of the voters who voted in the entire state at the last preceding general election.
Sec. 40. 1. If the initiative petition proposes a statute or an amendment to a statute, it shall be filed with the secretary of state not less than 30 days prior to any regular session of the legislature. The secretary of state shall transmit such petition to the legislature as soon as the legislature convenes and organizes. The petition shall take precedence over all other measures except appropriation bills, and the statute or amendment to a statute proposed thereby shall be enacted or rejected by the legislature without change or amendment within 40 days. If the proposed statute or amendment to a statute is enacted by the legislature and approved by the governor in the same manner as other statutes are enacted, such statute or amendment to a statute shall become law, but shall be subject to referendum petition as provided in section 38 of this act.
2. If the statute or amendment to a statute is rejected by the legislature, or if no action is taken thereon within 40 days, the secretary of state shall submit the question of approval or disapproval of such statute or amendment to a statute to a vote of the voters at the next succeeding general election. If a majority of the voters voting on such question at such election votes approval of such statute or amendment to a statute, it shall become law and take effect upon completion of the canvass of votes by the supreme court. An initiative measure so approved by the voters shall not be amended, annulled, repealed, set aside or suspended by the legislature within 3 years from the date it takes effect. If a majority of such voters votes disapproval of such statute or amendment to a statute, no further action shall be taken on such petition.
3. If the legislature rejects such proposed statute or amendment, the governor may recommend to the legislature and the legislature may propose a different measure on the same subject, in which event, after such different measure has been approved by the governor, the question of approval or disapproval of each measure shall be submitted by the secretary of state to a vote of the voters at the next succeeding general election. If the conflicting provisions submitted to the voters are both approved by a majority of the voters voting on such measures, the measure which receives the largest number of affirmative votes shall thereupon become law.
Sec. 41. 1. If the initiative petition proposes an amendment to the constitution, it shall be filed with the secretary of state not less than 60 days before any regular general election at which the question of approval or disapproval of such amendment may be voted upon by the voters of the entire state.
κ1963 Statutes of Nevada, Page 1385 (CHAPTER 488, SB 280)κ
voters of the entire state. The secretary of state shall cause to be published in a newspaper of general circulation, on three separate occasions, in each county in the state, together with any explanatory matter which shall be placed upon the ballot, the entire text of the proposed amendment.
2. If a majority of the voters voting on such question at such election votes disapproval of such amendment, no further action shall be taken on the petition. If a majority of such voters votes approval of such amendment, the secretary of state shall publish and resubmit the question of approval or disapproval to a vote of the voters at the next succeeding general election in the same manner as such question was originally submitted. If a majority of such voters votes disapproval of such amendment, no further action shall be taken on such petition. If a majority of such voters votes approval of such amendment, it shall become a part of this constitution upon completion of the canvass of votes by the supreme court.
Sec. 42. Each referendum petition and initiative petition shall include the full text of the measure proposed. Each signer shall affix thereto his or her signature, residence address and the name of the county in which he or she is a registered voter. The petition may consist of more than one document, but each document shall have affixed thereto an affidavit made by one of the signers of such document to the effect that all of the signatures are genuine and that each individual who signed such document was at the time of signing a registered voter in the county of his or her residence. The affidavit shall be executed before a person authorized by law to administer oaths in the State of Nevada. The enacting clause of all statutes or amendments proposed by initiative petition shall be: The People of the State of Nevada do enact as follows:.
Sec. 43. 1. Initiative petitions for municipal legislation shall be filed with the county clerk not later than the 1st Monday in August preceding the general election.
2. At the next general election after the filing of such initiative petition, the county clerk shall submit the measure so proposed for approval or disapproval.
3. A special election may be called to consider initiative proposals of municipal legislation in the manner and time provided by NRS 295.190.
Sec. 44. NRS 306.020 is hereby amended to read as follows:
306.020 1. For the purpose of recalling any public officer, there may be filed with the [office] officer with whom the petition for nomination to such office is required by law to be filed a petition signed by electors who voted in the state, or in the county, district or municipality electing such officer, equal in number to 25 percent of the votes cast in the state, or in the county, district or municipality, for the [office of] 6-year term as justice of the supreme court at the last preceding election.
2. The petition shall also contain the residence addresses of the signers, [and] shall set forth in not to exceed 200 words the reason why the recall is demanded [.] , and shall contain a statement of the minimum number of signatures necessary to the validity of the petition.
κ1963 Statutes of Nevada, Page 1386 (CHAPTER 488, SB 280)κ
minimum number of signatures necessary to the validity of the petition.
Sec. 45. NRS 306.030 is hereby amended to read as follows:
306.030 The petition shall consist of any number of copies thereof, identical in form with the original, except for the signatures and residence addresses of the signers. Every copy shall be verified by at least one of the signers thereof, who shall swear or affirm, before an officer authorized by law to administer oaths, that the statements and signatures contained in the petition are true. The verification shall also contain a statement of the number of signatures being verified by the signer.
Sec. 46. NRS 306.040 is hereby amended to read as follows:
306.040 1. Upon the filing of the petition, the officer with whom the petition is filed shall [,] cause publication of a notice of a hearing on the petition by the district court in and for the appropriate county at a time and place fixed by the district court, which shall give priority to such petition over all but criminal matters. The notice shall be published once in a newspaper of general circulation in the county. The notice shall contain the names of the signers of the petition and the reasons for the proposed recall. Any person whose name appears on the petition as a signer may appear at the hearing and request that his name be stricken from the petition, and the court shall strike such name if good cause appears therefor.
2. At the conclusion of the hearing, the court shall make a determination of the sufficiency and validity of the petition within 5 days, and shall instruct the officer either to cease any further proceedings in the matter or to issue a call, not sooner than 10 days nor more than 20 days thereafter, [issue a call] for a special election to be held within 20 days after the issuance of the call therefor, in the state, or in the county, district or municipality electing such officer, to determine whether the people shall recall such officer.
Sec. 47. NRS 295.010 to 295.130, inclusive, are hereby repealed.
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Senate Bill No. 278Committee on Judiciary
CHAPTER 489
AN ACT to amend NRS sections 293.063, 293.175, 293.180, 293.200, 293.257, 293.260, 293.265 and 293.267, relating to independent candidates, nominations of candidates, and primary and general election ballots, by changing the procedure for nomination of independent candidates for partisan offices; and by providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.063 is hereby amended to read as follows:
293.063 Independent candidate means [either a registered voter who has not declared a partisan affiliation in registering to vote or an elector who has not registered to vote and] a candidate who has been nominated for a partisan office without political party affiliation pursuant to the provisions of this Title.
κ1963 Statutes of Nevada, Page 1387 (CHAPTER 489, SB 278)κ
who has not declared a partisan affiliation in registering to vote or an elector who has not registered to vote and] a candidate who has been nominated for a partisan office without political party affiliation pursuant to the provisions of this Title.
Sec. 2. NRS 293.175 is hereby amended to read as follows:
293.175 1. Candidates of a political party and candidates for nonpartisan offices shall be nominated at the primary election held in accordance with the provisions of this chapter.
2. [Nonpartisan and independent] Independent candidates for [public] partisan office shall be nominated in the manner provided in [this chapter.] NRS 293.200.
3. This chapter shall not apply to:
(a) Special elections to fill vacancies;
(b) The nomination of the officers of incorporated cities; or
(c) The nomination of district officers whose nomination is otherwise provided for by statute.
Sec. 3. NRS 293.180 is hereby amended to read as follows:
293.180 1. Ten or more registered voters may, not earlier than the 2nd Monday in June nor later than 5 p. m. on the 2nd Friday in July, file a certificate of candidacy designating any elector as a candidate of any political party for nomination for any partisan elective office [.] or as a candidate for nomination for any nonpartisan office. When such certificate has been filed, the officer in whose office it is filed shall notify the elector named in such certificate. If the elector named in the certificate files an acceptance of such candidacy and pays the required fee, as provided by law, he shall be a candidate in the primary election in like manner as if he had filed a declaration of candidacy.
2. If any such certificate of candidacy relates to a partisan office, all of the signers shall be of the same political party as the candidate designated. [, unless such candidate is an independent candidate. Any registered voter may sign candidacy papers for an independent candidate.]
Sec. 4. NRS 293.200 is hereby amended to read as follows:
293.200 1. Independent candidates for partisan office shall qualify by filing with the proper filing officer a certificate of candidacy signed by a number of registered voters equal to at least 5 percent of the total number of voters who voted for Representative in Congress at the last preceding general election in the state, district or political subdivision for which the certificate is made, but no such certificate may contain the signatures of less than five registered voters. The certificate may consist of more than one document.
2. Each signer shall add to his signature his place of residence. One of the signers of each such certificate shall sign an affidavit attesting that the signatures on the certificate are genuine to the best of his knowledge and belief.
3. Such certificate of candidacy may state the principle, if any, which the person qualified represents.
4. Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composed of two or more counties shall be filed with the secretary of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.
κ1963 Statutes of Nevada, Page 1388 (CHAPTER 489, SB 278)κ
of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.
5. Certificates of candidacy provided for in this section shall be filed not earlier than the 2nd Monday in June and not later than 5 p. m. on the 2nd Friday in July.
6. No certificate of candidacy, provided for in this section, may contain the name of more than one candidate for each office to be filled.
7. [Independent candidates in a contest for nomination for any office shall be considered nonpartisan candidates for the purpose of submitting their names to the vote of electors.] Each independent candidate shall be required to state under oath that he has not been registered as a member of any political party since the date of the last primary election immediately preceding the filing of the certificate.
8. The names of independent candidates shall be placed on the general election ballot and shall not appear on the primary election ballot.
Sec. 5. NRS 293.257 is hereby amended to read as follows:
293.257 1. There shall be a separate primary ballot for each political party and a separate nonpartisan primary ballot.
2. The names of candidates for partisan offices who have designated a political party in the declaration of candidacy or acceptance of [nomination] candidacy shall appear on the primary ballot of the political party designated.
3. The names of candidates for nonpartisan offices shall appear on all political party primary ballots and ballot labels and on nonpartisan ballots and ballot labels.
4. [The names of independent candidates for partisan offices shall appear on nonpartisan ballots only.
5.] The names of candidates for township and assembly district offices shall be printed only on the ballots and ballot labels furnished to voters of such township or district.
Sec. 6. NRS 293.260 is hereby amended to read as follows:
293.260 1. Where there is no contest for nomination to a particular office, neither the title of the office nor the name or names of the candidates shall appear on the ballot.
2. If only one political party has candidates for an office or offices, [for which there is no independent candidate,] the candidates of such party who receive the highest number of votes at such primary, not to exceed twice the number to be elected to such office or offices at the general election, shall be declared the nominees for the office or offices.
3. Where no more than the number of candidates to be elected have filed for nomination for any office, the names of such candidates shall be omitted from all primary election ballots and placed on all general election ballots.
Sec. 7. NRS 293.265 is hereby amended to read as follows:
293.265 On nonpartisan primary ballots there shall appear at the top of the ballot the designation Candidates for nonpartisan offices. Following this designation shall appear the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed. [In any primary election in which one or more independent candidates qualify, following the names of candidates for nonpartisan offices shall appear the designation Independent candidates for partisan offices and the names of candidates grouped alphabetically under the title of the partisan office for which such candidates filed.]
κ1963 Statutes of Nevada, Page 1389 (CHAPTER 489, SB 278)κ
more independent candidates qualify, following the names of candidates for nonpartisan offices shall appear the designation Independent candidates for partisan offices and the names of candidates grouped alphabetically under the title of the partisan office for which such candidates filed.]
Sec. 8. NRS 293.267 is hereby amended to read as follows:
293.267 1. General election ballots shall contain the names of candidates who were nominated at the primary election [.] and the names of independent candidates.
2. At the top of the general election ballot shall appear the designation Candidates for partisan office. Under such designation shall appear the names of the nominated candidates grouped alphabetically under the title of the partisan office for which such candidates filed.
3. Following the names of candidates for partisan offices shall appear the designation Candidates for nonpartisan offices and the names of the nominated candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
4. Immediately following the name of each candidate for a partisan office shall appear the name of his political party or the word independent, as the case may be.
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Senate Bill No. 264Committee on Judiciary
CHAPTER 490
AN ACT to amend NRS section 219.020, relating to the commissioners on uniform state laws, by providing that the commissioners shall be the legislative counsel and two attorneys appointed by the legislative commission; by providing for appointment of attorneys who are legislators where possible; and by providing other matters properly relating thereto.
[Approved April 26, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 219.020 is hereby amended to read as follows:
219.020 1. [The members of the legislative commission are designated as the commissioners on uniform state laws.] The commissioners shall be the legislative counsel and two attorneys licensed to practice law in the State of Nevada appointed by the legislative commission. The legislative commission shall appoint attorneys who are members of the legislature to fill the two appointive positions if attorneys are available in the legislature to fill such positions.
2. The National Conference of Commissioners on Uniform State Laws is hereby declared to be a joint governmental agency of this state.
3. It shall be a function of the [legislative commission] commissioners on uniform state laws to carry forward the participation of the State of Nevada in the National Conference of Commissioners on Uniform State Laws. Annual dues shall be paid to that organization out of the fund of the legislative counsel bureau.
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κ1963 Statutes of Nevada, Page 1390κ
Assembly Bill No. 525Messrs. Knisley, Pozzi, Jacobsen, Swobe, Glaser and Gibson
CHAPTER 491
AN ACT to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto.
[Approved April 26, 1963]
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 a new section which shall read as follows:
1. There is hereby created in the state treasury the state parks land acquisition fund.
2. The director of the state department of conservation and natural resources, with the approval of the governor, may expend moneys in the state parks land acquisition fund appropriated thereto by the legislature for the purposes of:
(a) Negotiating for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes;
(b) Acquiring options to purchase such real property; and
(c) Procuring appraisals of the value of such real property.
3. Gifts and grants of money and conditional gifts and grants of money from any individual, corporation, association or trust for the purpose of acquiring real property on or near Lake Tahoe in the State of Nevada for state park purposes shall be deposited in the state parks land acquisition fund and shall be expended only pursuant to any conditions of such gift or grant. Unless otherwise expressly authorized by the donor, no such gift or grant shall be expended by the director of the state department of conservation and natural resources for any of the purposes specified in subsection 2.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the state parks land acquisition fund the sum of $500,000.
Sec. 3. This act shall become effective upon passage and approval.
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κ1963 Statutes of Nevada, Page 1391κ
Senate Bill No. 289Committee on Finance
CHAPTER 492
AN ACT to amend chapter 341 of NRS, relating to the state planning board, by adding a new section providing for inspection of state buildings by the state planning board; providing for reports of the results of such inspections; and providing other matters properly relating thereto.
[Approved April 27, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board is authorized and directed to inspect periodically all state buildings, including all buildings at the University of Nevada and Nevada Southern, and all physical plant facilities at all state institutions. Reports of all such inspections, including findings and recommendations, shall be submitted to the appropriate state agencies, the legislative commission, and each session of the legislature.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 298Committee on Judiciary
CHAPTER 493
AN ACT to amend NRS section 78.580, defining the procedure for dissolution of domestic corporations, by revising the procedure to provide for action by holders of stock entitled to exercise a majority of the voting power and by deleting the special provision regarding consent of stockholders in lieu of meeting.
[Approved April 27, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.580 is hereby amended to read as follows:
78.580 1. If it should be deemed desirable, in the judgment of the board of directors, and most for the benefit of any corporation organized under this chapter, that it should be dissolved, the board may adopt a resolution to that effect and call a meeting of the stockholders having voting power to take action upon the resolution so adopted.
2. The meeting of the stockholders shall be held upon due notice and if at the meeting or any adjournment thereof the holders of stock entitled to exercise [two-thirds] a majority of all the voting power shall by resolution consent that the dissolution shall take place, a copy of the resolution, together with a list of the names and residences of the directors and officers, certified by the president, or a vice president, and the secretary, or an assistant secretary, and the treasurer, or an assistant treasurer, shall be filed in the office of the secretary of state.
κ1963 Statutes of Nevada, Page 1392 (CHAPTER 493, SB 298)κ
and the secretary, or an assistant secretary, and the treasurer, or an assistant treasurer, shall be filed in the office of the secretary of state. The secretary of state, upon being satisfied that the requirements aforesaid have been complied with, shall issue a certificate that the corporation is dissolved.
[3. Whenever the stockholders having nine-tenths of the voting power shall consent in writing to a dissolution, no meeting of stockholders shall be necessary, but on filing such consent in the office of the secretary of state, he shall, as provided in subsection 2, issue a certificate of dissolution.]
Sec. 2. This act shall become effective upon passage and approval.
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