1965 Statutes of Nevada, Pages 1-200

[Rev. 2/28/2019 2:40:39 PM]

LAWS OF THE STATE OF NEVADA

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ê1965 Statutes of Nevada, Page 1ê

LAWS OF THE STATE OF NEVADA

Passed at the

FIFTY-THIRD SESSION OF THE LEGISLATURE

1965

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CHAPTER 1, SB 1

Senate Bill No. 1–Senator Lamb

CHAPTER 1

AN ACT appropriating $300,000 from the general fund in the state treasury to the legislative fund.

[Approved January 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $300,000.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 2, SB 2

Senate Bill No. 2–Senator Fransway

CHAPTER 2

AN ACT authorizing the City of Winnemucca to improve the municipal sewer system; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $300,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

[Approved February 1, 1965]

Whereas, The City Council of the City of Winnemucca in the County of Humboldt, in the State of Nevada (herein sometimes designated as the “Council,” the “City,” the “County,” and the “State,” respectively), ordered the submission of, and there was submitted, at the general election held in the City on Tuesday, the 3rd day of November, 1964 (herein sometimes designated as the “election”), to the duly qualified electors of the City, a proposal authorizing the City to incur an indebtedness by the issuance of the City’s negotiable, coupon, general obligation sewer improvement bonds, at one time, or from time to time, in the aggregate principal amount of $300,000.00, or so much thereof as may be necessary, for the purpose of defraying, in part, the cost of improving the municipal sewer system of the City of Winnemucca (herein sometimes designated as the “Project”), said bonds to bear interest at a rate or rates not exceeding 5 percent per annum, and to mature serially, commencing not later than 3 years and ending not later than 20 years from their date, payable from annual general tax levies, and containing, at the City’s option, such terms, covenants and other provisions, including but not limited to provisions for the redemption of bonds prior to their maturity without or with a premium not exceeding three percent (3%) of the principal amount thereof, and provisions for securing the payment of the bonds by pledging all or a part of the revenues derived from the operation of the municipal sewer system; and

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ê1965 Statutes of Nevada, Page 2 (CHAPTER 2, SB 2)ê

bear interest at a rate or rates not exceeding 5 percent per annum, and to mature serially, commencing not later than 3 years and ending not later than 20 years from their date, payable from annual general tax levies, and containing, at the City’s option, such terms, covenants and other provisions, including but not limited to provisions for the redemption of bonds prior to their maturity without or with a premium not exceeding three percent (3%) of the principal amount thereof, and provisions for securing the payment of the bonds by pledging all or a part of the revenues derived from the operation of the municipal sewer system; and

Whereas, Said proposal was approved by a majority voting thereon of those qualified electors of the City who were owners of, or spouses of owners of, real property in the City assessed on the assessment roll and also by a majority voting thereon of all other qualified electors of the City; and

Whereas, It is hereby declared, as a matter of legislative determination, that existing grants of power are insufficient and existing legal limitations are unduly restrictive, and by their modification a more economical and otherwise superior plan of financing the Project can be achieved; now, therefore,

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The City, acting by and through the Council, in addition to the powers elsewhere conferred upon the City, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the City’s negotiable, coupon, general obligation sewer improvement bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $300,000.00, or such lesser amount as may be necessary, for the purpose of defraying, in part, the cost of improving the municipal sewer system.

Sec. 2. 1. The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Council, below par at a discount of not exceeding 6 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 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such cost the amount of discount permitted by the Council on the sale of the bonds.

2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

3. The Council may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

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interest and principal, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Council, may include all or any part of the incidental costs appertaining 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, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council.

5. Any unexpended balance of bond proceeds remaining after the completion of the Project shall be paid immediately into a fund created for the payment of the principal of and interest on 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 in the proceedings authorizing their issuance.

6. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

7. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the City, the Council, or any of the officers, agents and employees of the City.

8. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

Sec. 3. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the City.

Sec. 4. Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. 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.

Sec. 5. 1. The bonds of any series hereunder shall:

(a) Be of convenient denominations;

(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

(c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 30 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the Council may determine;

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amounts of principal, upon an amortization plan, or in any other manner the Council may determine;

(d) Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semi-annually, except that the first coupon or coupons appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of one year;

(e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment or the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

(f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Council; and

(g) Be printed at such place within or without the State, as the Council may determine.

2. Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Council may determine and state in the ordinance.

3. Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bond-holder’s option, or for registration for payment only in either manner designated; 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 or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

4. The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the Council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

5. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Council may determine may be issued.

6. Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.

7. Notwithstanding any other provision of law, the Council in any proceedings authorizing bonds hereunder:

(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

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(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments or principal on such bond;

(c) May provide for the making of any such bond payable to bearer or otherwise, registerable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

(d) May 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 registered for payment, or coupon bonds with provisions for registration for payment.

8. In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the City may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any, or

(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

(1) Upon filing with the City evidence satisfactory to the Council that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof, and

(2) Upon furnishing the City with indemnity satisfactory to the Council,

upon complying with such reasonable regulations as the Council may prescribe, and upon the payment of such expenses as the City may incur in connection therewith.

9. The City may also reissue any outstanding bond (upon such terms and conditions as the Council and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

10. Any bond shall be executed in the name of and on behalf of the City, signed by the Mayor, countersigned by the treasurer, with the seal of the City affixed thereto, and attested by the clerk.

11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the treasurer.

12. Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

13. The bonds and coupons, bearing the signature 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.

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ê1965 Statutes of Nevada, Page 6 (CHAPTER 2, SB 2)ê

signatures appear thereon shall have ceased to fill their respective offices.

14. Any officer authorized or permitted to sign any bond or coupons, 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 appertaining thereto, or upon both the bond and such coupons.

Sec. 6. Bonds issued hereunder shall be a debt of the City, and the City shall thereby pledge its full faith and credit for their payment.

Sec. 7. 1. The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the City, including the net proceeds of mines.

2. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the City, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.

3. It shall be the duty of the Council and of any other body as may be charged with the duty of levying taxes in the City, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

4. In case the moneys produced from such levies, together with any other revenues of the City available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the Council shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the City) are fully paid.

5. 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.

6. The City may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

Sec. 8. 1. Before the Council shall cause to be delivered bonds hereunder, all such bonds shall be registered by the treasurer of the City in a book kept in his office for that purpose.

2. The register shall show:

(a) The amount of the bonds;

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(b) The time of payment; and

3. After registration by the treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the City, upon payment being made therefor on the terms of the sale or sales.

Sec. 9. Whenever the treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the auditor, taking his receipt therefor, which receipt shall subsequently be filed with the clerk’s records. The auditor shall credit the treasurer on his books for the amount so paid.

Sec. 10. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

Sec. 11. 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.

Sec. 12. It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

Sec. 13. The exercise of any power herein authorized by the Council upon behalf of the City has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

Sec. 14. This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.

Sec. 15. 1. This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or 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, except as herein otherwise provided.

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shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.

3. The provisions of no other law, either general, special, or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the City acting by and through the Council, shall have authority or jurisdiction over the doing of any or the acts herein authorized to be done.

4. 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.

5. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the City, acting by and through the Council, or any officer, agent, or employee thereof, by any other law.

6. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method or accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

Sec. 16. 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. 17. This act shall become effective upon passage and approval.

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CHAPTER 3, SB 17

Senate Bill No. 17–Senator Dodge

CHAPTER 3

AN ACT to amend an act entitled “An Act relating to Churchill County, Nevada; authorizing and providing for financial improvements, extensions and betterments to the county’s telephone and telegraph system, including but not limited to aircraft radar equipment and other military electronic equipment, by the issuance of bonds, and for refinancing, refunding and redeeming outstanding bonds; determining the conditions under which such bonds may be issued; providing for the payment thereof and interest thereon by the levy and collection of general taxes or by rates and charges in connection with the system, or by both; authorizing the acquisition of such improvements, extensions and betterments; specifying powers, duties, rights, privileges, liabilities and limitations in connection with such securities and the system; and prescribing other details in connection therewith,” approved March 30, 1959, as amended.

[Approved February 1, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Section 2 of the above-entitled act, being chapter 353, Statutes of Nevada 1959, as amended by chapter 76, Statutes of Nevada 1961, at page 84, is hereby amended to read as follows:

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ê1965 Statutes of Nevada, Page 9 (CHAPTER 3, SB 17)ê

Section 2. Each series of bonds shall be authorized by ordinance The bonds shall be of convenient denominations, shall be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the board, without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the board; and the ordinance authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such order, and upon the payment of such premium, if any, as the board may determine and state therein. The bonds, unless they be registered for payment as to principal and interest, shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board, and countersigned by the county treasurer; and the bonds shall also be signed and attested by the county clerk with the official seal of the county affixed thereto. Facsimile signatures of the chairman and county treasurer may be used on the coupons. Any official of the county whose signature to any bond herein authorized is required or permitted, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, and his facsimile signature has the same legal effect as his manual signature; provided that at least one signature required or permitted to be placed thereon shall be manually subscribed. The clerk of the county may cause its seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal. The bonds shall otherwise be in such form and shall be printed at such place or places, within or without the State of Nevada, as may be determined by the ordinance, subject, however, to the following limitations and restrictions:

(a) General obligation bonds, regardless of whether they be additionally secured by any pledge of revenues, shall mature in not to exceed 30 years from the date thereof;

(b) Revenue bonds shall mature in not to exceed 40 years from the date thereof;

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(c) The total amount of bonds of all types issued pursuant to the provisions of this act shall not exceed $1,500,000, but nothing in this act contained shall be construed as prohibiting the issuance of bonds in a lesser amount or amounts for the purposes herein authorized; and

(d) The bonds proposed to be issued pursuant to the provisions of this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of [5] 7 years from the effective date of this act.

Sec. 2. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 4, AB 24

Assembly Bill No. 24–Messrs. Howard, Knisley and Delaney

CHAPTER 4

AN ACT to amend NRS sections 244.640 and 244.645, relating to county fair and recreation boards, by extending the provisions of NRS 244.640 to 244.780, inclusive, to counties with a population of less than 9,000.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 244.640 is hereby amended to read as follows:

244.640 1. In addition to powers elsewhere conferred upon counties, any county [having a population of 9,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] is authorized and empowered:

(a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, fieldhouses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, other recreational facilities and buildings therefor, and improvements incidental thereto;

(b) To equip and furnish the same;

(d) To issue bonds therefor, at one time, or from time to time; and

(e) To advertise, publicize and promote the recreational facilities of the county.

2. Recreational facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.

Sec. 2. NRS 244.645 is hereby amended to read as follows:

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ê1965 Statutes of Nevada, Page 11 (CHAPTER 4, AB 24)ê

244.645 1. Whenever the board of county commissioners of any county desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county clerk shall:

(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county; and

(b) Cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.

2. In counties having a population of 120,000 or more, each incorporated city within the county shall be represented on the county fair and recreation board by one member for each 25,000 population or fraction thereof within the city, but no city shall have more than three members on a board. In counties having a population of 30,000 or more and less than 120,000, the most populous incorporated city in the county shall be represented on the county fair and recreation board by two members, and the next most populous incorporated city by one member. In counties having a population of 11,000 or more and less than 30,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member and any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk. In counties having a population of [9,000 or more and] less than 11,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall appoint three representatives as follows:

(a) One member to represent the motel operators in the county.

(b) One member to represent the hotel operators in the county.

3. In counties having a population of 120,000 or more, three members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of 30,000 or more and less than 120,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of [9,000 or more and] less than 30,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.

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counties having a population of [9,000 or more and] less than 30,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.

4. Population shall be determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 5, AB 30

Assembly Bill No. 30–Mr. Knisley

CHAPTER 5

AN ACT authorizing the City of Lovelock to improve the municipal water system including, without limiting the generality of the foregoing, the acquisition of new storage and distribution facilities; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $350,000.00, the levy and collection of general taxes and, in the discretion of the City Council of rates and charges in connection therewith; specifying powers, duties, rights, privileges, liabilities and limitations in connection with such bonds and the system; providing other details concerning the bonds, system, general taxes, rates and charges; and providing other matters properly relating thereto.

[Approved February 5, 1965]

Whereas, The City Council of the City of Lovelock in the County of Pershing, in the State of Nevada (herein sometimes designated as the “Council,” the “City,” the “County,” and the “State,” respectively), ordered the submission of, and there was submitted, at the general election held in the City on Tuesday, the 3rd day of November, 1964, (herein sometimes designated as the “election”), to the duly qualified electors of the City, a proposal authorizing the City to incur an indebtedness by the issuance of the City’s negotiable, coupon, general obligation water improvement bonds, at one time, or from time to time, in the aggregate principal amount of $350,000.00, or so much thereof as may be necessary, for the purpose of defraying, in part, the cost of improving the municipal water system of the City of Lovelock including, without limiting the generality of the foregoing, the acquisition of new storage and distribution facilities (herein sometimes designated as the “Project”), said bonds to bear interest at a rate or rates not exceeding 5 percent per annum, and to mature serially, as provided by law, payable from annual general tax levies, and containing, at the City’s option, such terms, covenants and other provisions, including but not limited to provisions for the redemption of bonds prior to their maturity without or with a premium not exceeding 3 percent of the principal amount thereof, and provisions for securing the payment of the bonds by pledging all or a part of the revenues derived from the operation of the municipal water system (sometimes referred to herein as the “System”); and

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of those qualified electors of the City who were owners of, or spouses of owners of, real property in the City assessed on the assessment roll and also by a majority voting thereon of all other qualified electors of the City; and

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The City, acting by and through the Council, in addition to the powers elsewhere conferred upon the City, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the City’s negotiable, coupon, general obligation water improvement bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $350,000.00, or such lesser amount as may be necessary, for the purpose or defraying, in part, the cost of improving the municipal water system, including, without limiting the generality of the foregoing, the acquisition of new storage and distribution facilities.

Sec. 2. 1. The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Council, below par at a discount of not exceeding 5 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 5 percent per annum computed to maturity according to standard tables of bond values including as a part of such cost the amount of discount permitted by the Council on the sale of the bonds.

2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

3. The Council may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

4. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Council, may include all or any part of the incidental costs appertaining 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, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council.

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ê1965 Statutes of Nevada, Page 14 (CHAPTER 5, AB 30)ê

architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council.

6. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

8. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

Sec. 3. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the City.

Sec. 5. 1. The bonds of any series hereunder shall:

(a) Be of convenient denominations;

(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

(d) 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 semi-annually, except that the first coupon or coupons appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of 1 year;

(e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

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ê1965 Statutes of Nevada, Page 15 (CHAPTER 5, AB 30)ê

coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

(f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Council; and

(g) Be printed at such place within or without the State, as the Council may determine.

2. Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 3 percent of the principal amount of each bond so redeemed, as the Council may determine and state in the ordinance.

5. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Council may determine may be issued.

7. Notwithstanding any other provision of law, the Council in any proceedings authorizing bonds hereunder:

(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

(c) May provide for the making of any such bond payable to bearer or otherwise, registrable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and

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ê1965 Statutes of Nevada, Page 16 (CHAPTER 5, AB 30)ê

(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any; or

(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

(1) Upon filing with the City evidence satisfactory to the Council that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof; and

(2) Upon furnishing the City with indemnity satisfactory to the Council,

upon complying with such reasonable regulations as the Council may prescribe, and upon the payment of such expenses as the City may incur in connection therewith.

10. Any bond shall be executed in the name of and on behalf of the City, signed by the Mayor, countersigned by the city treasurer, with the seal of the City affixed thereto, and attested by the city clerk.

11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the treasurer.

Sec. 6. Bonds issued hereunder shall be a debt of the City, and the City shall thereby pledge its full faith and credit for their payment.

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ê1965 Statutes of Nevada, Page 17 (CHAPTER 5, AB 30)ê

Sec. 8. The general obligation bonds authorized to be issued hereunder may be additionally secured by a pledge of all or a part of the revenues derived from the operation of the municipal water system, and, upon a determination by the Council that further security is required in order to render the bonds marketable, the bonds may be further secured by a pledge of such other funds or revenues of the City as may legally be made available for the payment of such general obligation bonds.

Sec. 9. Any ordinance authorizing the issuance of bonds pursuant to this act and any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred thereby), in order to secure the payment of such bonds, in agreement with the holders and owners of such bonds, as to any one or more of the following:

1. Any rents, rates, fees, tolls, other service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of the System, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the City, derived or to be derived, from any source.

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ê1965 Statutes of Nevada, Page 18 (CHAPTER 5, AB 30)ê

use of the System, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the City, derived or to be derived, from any source.

2. The improvement, extension, betterment, and equipment of all or any part of the System.

3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any bonds or of operation and maintenance expenses of the System, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.

4. A fair and reasonable payment by the City from its general fund or other available moneys to the account of the System for any facilities or commodities furnished or services rendered thereby to the City or any of its departments, boards, or agencies.

5. The purpose or purposes to which the proceeds of the sale of bonds may be applied, and the custody, security, use, expenditure, application and disposition thereof.

6. The payment of the principal of and interest on any bonds, and the sources and methods thereof, the rank or priority of any bonds as to any lien or security for payment, or the acceleration of any maturity of any bonds, or the issuance of other or additional bonds payable from or constituting a charge against or lien upon any revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst, and limitations thereon.

7. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the City.

8. The determination or definition of revenues from the System or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.

9. The insurance to be carried by the City and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to the System or funds, or both, and the use and disposition of any proceeds of such securities.

10. Books of account, the inspection and audit thereof, and other records appertaining to the System herein authorized.

11. The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of the System or any bonds having or which may have a lien on any part of any revenues of the City.

12. Limitations on the powers of the City to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with the System.

13. The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust, as the City may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of bonds, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.

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ê1965 Statutes of Nevada, Page 19 (CHAPTER 5, AB 30)ê

the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.

14. The payment of costs or expenses incident to the enforcement of the bonds or of the provisions of the ordinance or of any covenant or contract with the holders of the bonds.

15. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the City of any covenants, conditions, or obligations.

16. The terms and conditions upon which the holders of the bonds or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.

17. The terms and conditions upon which the holders of the bonds or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the System, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the City itself might do.

18. A procedure by which the terms of any ordinance authorizing bonds, or any other contract with any holders of bonds, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.

19. The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

20. All such acts and things as may be necessary or convenient or desirable in order to secure the City’s bonds, or in the discretion of the Council tend to make the bonds more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the City power to do all things in the issuance of bonds and for their security except as herein specifically limited.

Sec. 10. 1. Before the Council shall cause to be delivered bonds hereunder, all such bonds shall be registered by the treasurer of the City 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; and

Sec. 11. Whenever the treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the auditor, taking his receipt therefor, which receipt shall subsequently be filed with the clerk’s records.

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ê1965 Statutes of Nevada, Page 20 (CHAPTER 5, AB 30)ê

receipt shall subsequently be filed with the clerk’s records. The auditor shall credit the treasurer on his books for the amount so paid.

Sec. 12. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

Sec. 13. 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.

Sec. 14. It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

Sec. 15. In connection with the System, the Council, on behalf of and in the name of the City, in addition to, and not in limitation of, powers elsewhere conferred thereon, is hereby authorized, without the necessity of an election, hearing, referendum or other further preliminaries not provided herein:

1. To acquire by purchase, installment purchase, construction, reconstruction, lease, option to purchase, lease with option to purchase, grant, endowment, bequest, devise, installation, condemnation, contract, or in any other manner (or any combination thereof) any property, real, personal, mixed, or otherwise, to be used in connection with the System, or part thereof, or in any way appertaining thereto, and to hold the same in joint, several, or sole ownership.

2. To enter into joint acquisition, improvement, operation or service contracts, agreements, or other arrangements, for any term mutually agreed upon, or to jointly exercise any other power granted herein with the United States of America, with the State, or any agency, instrumentality, or corporation of the United States of America, or of the State, or of both, or any county, or city, town, unincorporated town, other municipality, other quasi-municipal district, or any other political subdivision of the State.

3. To fix and collect rents, rates, fees, tolls and other charges (in this act sometimes referred to as “service charges”) for direct or indirect connection with, or the use of, facilities or services of, the System, including, without limiting the generality of the foregoing, minimum charges and charges for the availability of service. Such service charges may be charged to and collected in advance or otherwise by the City from any person, association, corporation or other entity contracting for such connection or use or services or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been or will be connected with the System or to which such connection, use, or services appertains, and the owner (or occupant) of any such real property shall be liable for and shall pay such service charges to the City at the time when and place where such service charges are due and payable.

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ê1965 Statutes of Nevada, Page 21 (CHAPTER 5, AB 30)ê

from any person, association, corporation or other entity contracting for such connection or use or services or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been or will be connected with the System or to which such connection, use, or services appertains, and the owner (or occupant) of any such real property shall be liable for and shall pay such service charges to the City at the time when and place where such service charges are due and payable. Such rents, rates, fees, tolls and other charges, being in the nature of use or service charges, shall, as nearly as the Council shall deem practicable and equitable, be reasonable, and shall be uniform throughout the City for the same type, class and amount of use or service of the System, and may be based or computed either on measurements by devices duly provided and maintained by the City or any user as approved by the City and analyses of usage, procured and made by or in a manner approved by the City; or on the number and kind of outlets on or in connection with the property, or on the number and kind of fixtures or facilities in or on or in connection with the property, or on the number of persons residing or working in or on or otherwise connected or identified with the property, or upon the availability of service or readiness to serve by the System, or on any other factors determining the type, class and amount of use or service of the System, or on any combination of any such factors, and may give weight to the characteristics of any special matter affecting the cost thereof. Reasonable penalties may be fixed for any delinquencies, including, without limiting the generality of the foregoing, interest on delinquent service charges from any date due at a rate of not exceeding one per centum per month (or fraction thereof), reasonable attorneys’ fees and other costs of collection.

4. To apply the proceeds of such rents, rates, fees, tolls, and other charges or any other funds that may be in the treasury of the City and available for that purpose to the payment of the general obligation bonds herein authorized in such a manner that the general (ad valorem) tax levy or levies made to discharge said bonds may thereupon to that extent be diminished or to the payment of the revenue bonds herein authorized, as the City may determine, subject to any contractual limitations or other provisions appertaining to the bonds.

5. To purchase, construct or otherwise acquire meters or other instruments for recording the usage of facilities and services from the System, to enter upon any land, with or without the permission of the owners or occupants thereof, for the purpose of installing the same, and to enter into contracts or agreements with any person, association, corporation or other entity appertaining thereto.

6. To develop, enlarge, improve, extend, better and equip the System, as herein provided, and to improve, equip, use, supervise, maintain, control, operate, sell, lease and otherwise dispose of the facilities comprising the System, any part thereof, or interest therein, and to acquire, improve, maintain, operate, and dispose of a site or sites, other real property, lines, equipment, fixtures, other improvements, and appurtenances therefor.

7. To insure or provide for the insurance of the System or part thereof against such risks and hazards as the City may deem advisable.

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ê1965 Statutes of Nevada, Page 22 (CHAPTER 5, AB 30)ê

thereof against such risks and hazards as the City may deem advisable.

8. To exercise the power of eminent domain in the manner provided by any applicable statutory provisions and laws of the State and acts amendatory thereof and supplemental thereto, heretofore or hereafter adopted.

9. To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to the System or any part thereof.

10. To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, any such project.

11. To hire and retain independent contractors, agents and employees, including but not limited to engineers, architects, fiscal agents, attorneys at law, and any other persons necessary or desirable to effect the purposes of this act; and to prescribe their compensation, duties and other terms of employment.

12. To make and keep records in connection with the System or any part thereof.

13. To arbitrate any differences arising in connection with the System.

14. To commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, either at law or in equity, by suit, action, mandamus or other proceedings, concerning the System, or any part thereof, or in any manner appertaining thereto.

15. To use for or in connection with the System moneys, land and other real and personal property legally available therefor of the City not originally acquired therefor.

16. To make contracts and execute all instruments necessary or convenient; including but not limited to contracts with the United States of America, or any agency, instrumentality, or corporation thereof (herein sometimes designated as the “Federal Government”) and the State.

17. To acquire any construction work, improvement or improvements of any nature in connection with the System in accordance with the provisions of NRS 268.015.

18. To borrow money or accept contributions, grants, other financial assistance, materials, supplies or services from the Federal Government for or in aid of the Project herein authorized, or any project appertaining to the System and hereafter authorized, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.

19. To do any and all things necessary, convenient or desirable to secure the financial assistance or cooperation, or both financial assistance and cooperation, of the Federal Government in the undertaking, acquisition, construction, maintenance or operation of the Project herein authorized or any project hereafter authorized.

20. To exercise all or any part or combination of the powers herein granted.

21. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act.

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ê1965 Statutes of Nevada, Page 23 (CHAPTER 5, AB 30)ê

this act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers shall not be considered as a limitation upon any power necessary, convenient, desirable or appropriate to carry out the purposes and intent of this act.

Sec. 16. The exercise of any power herein authorized by the Council upon behalf of the City has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

Sec. 17. All acts and all proceedings heretofore had or taken, or purportedly had or taken, by and on behalf of the City directed toward:

1. Improving the municipal water system, including without limiting the generality of the foregoing, the acquisition of new storage and distribution facilities; and

2. The issuance of the City’s bonds for that purpose, be and the same hereby is, ratified, approved and confirmed insofar as the same may be consistent herewith.

Sec. 18. This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.

Sec. 19. 1. This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

6. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.

Sec. 20. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.

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ê1965 Statutes of Nevada, Page 24 (CHAPTER 5, AB 30)ê

shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.

Sec. 21. This act shall become effective upon passage and approval.

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CHAPTER 6, AB 5

Assembly Bill No. 5–Committee on State, County and City Affairs

CHAPTER 6

AN ACT to amend NRS sections 353.130 and 353.140, relating to state warrants, by providing a lost warrant fund through which the state controller can replace lost or destroyed warrants; and providing other matters properly relating thereto.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 353.130 is hereby amended to read as follows:

353.130 [1.] All state controller’s warrants issued in payment of claims against the state shall become void if not presented for payment to the state treasurer within 90 days from the date of issuance. All such warrants remaining unpaid after the expiration of such 90 days, whether outstanding or uncalled for in the office of the state controller, shall be canceled by the state controller, and the state treasurer shall be notified immediately of such cancellation. The state treasurer shall pay no warrant or warrants presented for payment more than 90 days from the date of issuance.

[2. Whenever the state controller shall notify the state treasurer of the cancellation of any warrant or warrants as directed in subsection 1, he shall at the same time direct the state treasurer to transfer from the fund or funds upon which such warrant or warrants were drawn to the general fund an amount equivalent to such warrant or warrants, as the case may be.]

Sec. 2. NRS 353.140 is hereby amended to read as follows:

353.140 1. The state controller shall establish a lost warrant account and credit to it the amount of each warrant canceled.

2. If a state controller’s warrant has been lost or destroyed, the person in whose favor such warrant [may have been] was drawn may, within 1 year from the date of the original warrant, file with the state controller an affidavit setting forth the reasons for the failure to present such warrant for payment and that such warrant is not to the knowledge of affiant held by any other person or persons. If the state controller is satisfied that the original warrant is lost or destroyed, and the claim has not been paid by the state, he may issue another warrant in lieu of the original warrant [.] and charge the amount thereof to the lost warrant account.

3. In June of each year, as to each warrant whose original date is at least 1 year old and whose amount credited to the lost warrant account has not been charged out as provided in subsection 2, the state controller shall direct the state treasurer to transfer from the fund upon which the original warrant was drawn to the general fund an amount equivalent to the original warrant, and shall charge the lost warrant account and make the proper credit in his own accounts.

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ê1965 Statutes of Nevada, Page 25 (CHAPTER 6, AB 5)ê

account has not been charged out as provided in subsection 2, the state controller shall direct the state treasurer to transfer from the fund upon which the original warrant was drawn to the general fund an amount equivalent to the original warrant, and shall charge the lost warrant account and make the proper credit in his own accounts.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 7, AB 6

Assembly Bill No. 6–Committee on State, County and City Affairs

CHAPTER 7

AN ACT to amend NRS sections 474.450 and 474.520, relating to the disposition of property of a dissolved county fire protection district, by deleting provision for sale of such property; and providing other matters properly relating thereto.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 474.450 is hereby amended to read as follows:

474.450 Whenever any county fire protection district shall be dissolved, all property thereof shall be [disposed of to the highest bidder, and the proceeds thereof, together with all money in the county treasury to the credit of any fund of such district, shall be applied to the maintenance and repair of the highways of the district.] subject to the provisions of NRS 474.520.

Sec. 2. NRS 474.520 is hereby amended to read as follows:

474.520 Upon dissolution of any fire protection district organized under NRS 474.010 to 474.450, inclusive, as provided by NRS 474.410 to 474.450, inclusive, the territory formerly included in such district shall be subject to the provisions of NRS 474.460 to 474.540, inclusive. [Notwithstanding the provisions of NRS 474.450, the] The property of such dissolved fire protection district shall be retained by the board of county commissioners for use for fire protection purposes in the territory of the dissolved district.

Sec. 3. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 26ê

CHAPTER 8, AB 16

Assembly Bill No. 16–Committee on State, County and City Affairs

CHAPTER 8

AN ACT to amend NRS section 227.090, relating to the state controller’s mechanical signature device, by providing that the key to the device, not the device itself, be kept in a locked vault when not in use.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 227.090 is hereby amended to read as follows:

227.090 1. The state controller is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise; provided:

(a) That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place; and

(b) That the use of the facsimile signature shall be made only under the direction and supervision of the state controller; and

(c) That [all of] the registered key to the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.

2. Subject to the conditions of subsection 1 and the consent of each, the state controller and the state treasurer may combine their facsimile signatures for use in one mechanical device. The facsimile of such combined signatures shall be kept in a separate secure place in the state treasurer’s office.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 9, AB 18

Assembly Bill No. 18–Committee on State, County and City Affairs

CHAPTER 9

AN ACT to repeal NRS section 356.060, relating to publication of statements showing the amount of state funds on deposit.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 356.060 is hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 27ê

CHAPTER 10, AB 21

Assembly Bill No. 21–Committee on Judiciary

CHAPTER 10

AN ACT to amend NRS section 6.090, relating to drawing and summoning of panel of trial jurors, by providing that a mailed summons be sent by certified mail.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 6.090 is hereby amended to read as follows:

6.090 1. To constitute a regular panel of trial jurors for the district court such number of names as the district judge may direct shall be drawn from the jury box. The district judge must make and file with the county clerk an order that a regular panel of trial jurors be drawn, and the number of jurors to be drawn must be named in the order. The drawing shall take place in the office of the county clerk, during regular office hours, in the presence of all persons who may choose to witness it. The panel shall be drawn by the district judge and clerk, or, if the district judge so directs, by any one of the county commissioners of the county and the clerk. If the district judge directs that the panel be drawn by one of the county commissioners of the county and the clerk, the district judge must make and file with the clerk an order designating the name of the county commissioner and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are so drawn shall be required to attend in court.

2. The drawing shall be conducted as follows:

(a) The number to be drawn having been previously determined by the district judge, the box containing the names of the jurors shall first be thoroughly shaken. It shall then be opened and the district judge and clerk, or one of the county commissioners of the county and the clerk, if the district judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained.

(b) If the officers drawing the jury deem that the attendance of any juror whose name is so drawn cannot be obtained conveniently and inexpensively to the county, by reason of the distance of his residence from the court or other cause, his name may, in the discretion of the officers, be returned to the box and in its place the name of another juror drawn whose attendance the officers may deem can be obtained conveniently and inexpensively to the county.

(c) A list of the names so obtained shall be made out and certified by the officers drawing the jury, which list shall remain in the clerk’s office subject to inspection by any officer or attorney of the court, and the clerk shall immediately issue a venire.

3. Every person named in the venire shall be served by the sheriff either personally or by mailing a summons to such person, commanding him to attend as a juror at a time and place designated therein. If the summons is mailed, it shall be [registered] certified and deposited in the post office, addressed to such person at his usual post office address.

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ê1965 Statutes of Nevada, Page 28 (CHAPTER 10, AB 21)ê

office address. The receipt of the person so addressed for the [registered] certified summons shall be regarded as personal service of the summons upon such person. Mileage shall be allowed only for personal service. The postage and [registry] certification fee shall be paid by the sheriff and allowed him as other claims against the county. The sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire shall be subject to inspection by any officer or attorney of the court.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 11, AB 23

Assembly Bill No. 23–Mr. Fike

CHAPTER 11

AN ACT to amend NRS section 115.010, relating to homestead exemption from execution, by including deeds of trust within the exceptions.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 115.010 is hereby amended to read as follows:

115.010 The homestead, consisting of a quantity of land, together with the dwelling house thereon and its appurtenances, not exceeding $10,000, to be selected by the husband and wife, or either of them, or other head of a family, shall not be subject to forced sale on execution, or any final process from any court, for any debt or liability contracted or incurred after November 13, 1861, except process to enforce the payment of the purchase money for such premises, or for improvements made thereon, or for legal taxes imposed thereon, or for the payment of any mortgage or deed of trust thereon executed and given by both husband and wife, when that relation exists.

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ê1965 Statutes of Nevada, Page 29ê

CHAPTER 12, AB 42

Assembly Bill No. 42–Committee on Agriculture and Irrigation

CHAPTER 12

AN ACT to amend NRS sections 552.200, 552.210 and 552.213, relating to bees and apiaries, by requiring a permit for all movements; allowing notice after movement by the holder of a seasonal permit; allowing movement of quarantined apiaries; changing requirements for special pollination permits by broadening drug provisions and lengthening the interval for which inspection is valid; providing for a single payment of the registration fee; and providing other matters properly relating thereto.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 552.200 is hereby amended to read as follows:

552.200 1. It shall be unlawful for any person to transport or move in any manner whatever from any point within the State of Nevada or otherwise any established apiary, bees, hives, combs, or any other used apiary supplies, and set up, establish or deposit the same at any point in the State of Nevada [within a 5-mile radius of any already existing apiary in the State of Nevada] without first obtaining a temporary or seasonal written permit from the department so to do.

2. The department shall issue a temporary or seasonal permit only after the apiary, bees, hives, combs, or other used apiary supplies to be moved are free from any disease liable to injure any already established apiary.

3. It shall be unlawful for any person having a seasonal permit to transport or move bees anywhere within the State of Nevada unless he files with the department, within 5 days [prior to] after the date of moving, a statement of the number of colonies of bees [to be] which have been moved and the number of colonies of bees [to be] which have been left at the point of origin, stating the definite point both of origin and destination to which such bees [will be moved; but if any established apiary, bees, hives, combs, or other used apiary supplies are to be moved or transported as set out in subsection 1, a permit shall first be obtained from the department as provided in subsections 2 and 3.] have been moved.

4. If any emergency requires the immediate removal of bees, the owner shall notify the department of such emergency and secure permission for moving, but if verbal permission is requested and obtained the applicant shall further file a written request within 5 days after the date of such moving as provided in subsection 3.

5. Whenever the department finds that American foul brood disease exists in more than 1 percent of the colonies in any apiary of 100 or more colonies, or in more than one colony in any apiary of less than 100 colonies, it shall quarantine such apiary, giving notice thereof to the owner or bailee and posting a copy of such notice in a conspicuous place in such apiary.

6. When any such notice has been given as provided in subsection 5, it shall be unlawful, except as provided in NRS 552.280, to move such apiary, or any part thereof, or any other bee equipment from the location until such disease has been eradicated.

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ê1965 Statutes of Nevada, Page 30 (CHAPTER 12, AB 42)ê

such apiary, or any part thereof, or any other bee equipment from the location until such disease has been eradicated.

7. When in the opinion of the department the disease has been eradicated, it shall issue a permit releasing such apiary.

Sec. 2. NRS 552.210 is hereby amended to read as follows:

552.210 1. No person may ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a special pollination permit issued by the department.

2. The department may issue a special pollination permit for the importation of bees on comb and boxes containing comb into a designated district of this state from another state for a period not to exceed 6 months if the applicant:

(a) Submits an application on forms supplied by the department stating:

(1) The number of hives or the number of boxes containing comb, or both, to be moved.

(2) The locality, city or cities (if any), the county, or counties, and the state of origin of the hives or boxes of comb.

(3) The property, locality and county in which the hives or boxes of comb will be placed.

(4) The proposed date of entry into the State of Nevada.

(5) Facts pertaining to the purpose for which the bees and boxes of comb, or both, are to be moved, including evidence establishing the existence of a contract or agreement for pollination service.

(6) In affidavit form, that no drugs of any kind have been or will be fed to the bees [for the treatment of American foul brood disease during 6 months prior to application for the permit.] for a period of 60 days prior to moving such bees into the State of Nevada.

(b) Files with the department, not less than 72 hours in advance of entry, a certificate of a duly authorized officer of the state of origin certifying:

(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within [30] 60 days of the date of the issuance of the certificate at a time when the bees are actively rearing their brood; and

(2) That 1 percent or less American foul brood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during such time has been destroyed; and

(3) The numbers of hives of bees, nuclei of bees, supers of drawn comb, city and county of origin and date of inspection.

(c) Notifies the department immediately upon arrival in this state, registers apiary locations, and pays the registration fee of 25 cents per hive.

3. Each shipment shall be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.

4. The department may issue a permit for the importation into the State of Nevada of used extractors, honey tanks, honey cans, uncapping equipment, tops, bottoms, empty supers and empty hive bodies, if the applicant submits a certificate from a duly authorized apiary inspector certifying that such equipment has been sterilized by boiling in lye water for not less than 30 minutes, or by any other method officially approved by the department.

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ê1965 Statutes of Nevada, Page 31 (CHAPTER 12, AB 42)ê

applicant submits a certificate from a duly authorized apiary inspector certifying that such equipment has been sterilized by boiling in lye water for not less than 30 minutes, or by any other method officially approved by the department.

5. If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment shall be quarantined in the same manner as provided in NRS 552.200, and shall be either destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.

6. All honeycombs transported from a point outside the State of Nevada through this state in interstate commerce shall be covered by the person in possession in a manner which will prevent access of bees.

7. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter shall be either destroyed or shipped out of this state at the option and expense of the owner or person in possession, or sold by the department, after notice to such owner or person by the department. If the owner does not comply with the requirements of the notice or cannot be located, the department may either destroy such bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale shall include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of any such sale shall be deposited in the apiary inspection fund.

Sec. 3. NRS 552.213 is hereby amended to read as follows:

552.213 Each person who has transported bees into the state under the provisions of NRS 552.210 shall pay [an annual renewal] a registration fee of 25 cents per hive. [on both the hives originally imported and any increase.]

Sec. 4. This act shall become effective upon passage and approval.

________

CHAPTER 13, AB 44

Assembly Bill No. 44–Committee on Agriculture and Irrigation

CHAPTER 13

AN ACT to amend chapter 561 of NRS, relating to the state department of agriculture, by adding a new section authorizing the executive director to regulate movement into any area of articles found to be infested with or carriers of propagating parts of any noxious or injurious weed or injurious insect pest or plant disease; and providing other matters properly relating thereto.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:

If any feed, grain, hay, machinery or other article is found to be infested with, or the possible carrier of, the propagating parts of any noxious or injurious weed, injurious insect pest or plant disease, and the executive director determines that movement of such article into any area of the state will be damaging or will jeopardize the agricultural industry of the area, the executive director may prohibit or restrict movement of the infested article or he may prescribe treatment to devitalize or sterilize such infested article.

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ê1965 Statutes of Nevada, Page 32 (CHAPTER 13, AB 44)ê

noxious or injurious weed, injurious insect pest or plant disease, and the executive director determines that movement of such article into any area of the state will be damaging or will jeopardize the agricultural industry of the area, the executive director may prohibit or restrict movement of the infested article or he may prescribe treatment to devitalize or sterilize such infested article.

________

CHAPTER 14, AB 45

Assembly Bill No. 45–Committee on Agriculture and Irrigation

CHAPTER 14

AN ACT to amend NRS section 586.290, relating to economic poisons, by deleting provisions relating to registration under protest and cancellation of registration; and providing other matters properly relating thereto.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 586.290 is hereby amended to read as follows:

586.290 1. If it does not appear to the executive director that the article is such as to warrant the proposed claims for it, or if the article and its labeling and other material required to be submitted do not comply with the provisions of NRS 586.010 to 586.450, inclusive, he shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fails to comply with NRS 586.010 to 586.450, inclusive, so as to afford him an opportunity to make the necessary corrections.

2. [If, upon receipt of such notice, the registrant insists that such corrections are not necessary and requests in writing that the article be registered, the executive director shall register the article, under protest, and such registration shall be accompanied by a warning in writing to the registrant of the apparent failure of the article to comply with the provisions of NRS 586.010 to 586.450, inclusive.

3. In order to protect the public, the executive director, on his own motion, may at any time cancel the registration of an economic poison and in lieu thereof issue a registration under protest in accordance with the procedure provided for in subsection 2.

4.] In no event shall registration of an article [, whether or not protested,] be construed as a defense for the commission of any offense prohibited under NRS 586.350 to 586.410, inclusive.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 33ê

CHAPTER 15, AB 55

Assembly Bill No. 55–Committee on Ways and Means

CHAPTER 15

AN ACT to repeal NRS section 396.410, relating to the State Controller’s report to the Board of Regents of the University of Nevada of income received for university purposes.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 396.410 is hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 16, AB 56

Assembly Bill No. 56–Committee on Ways and Means

CHAPTER 16

AN ACT to amend NRS section 282.080, relating to approval, filing and recording of official bonds, by providing that the official bond of the secretary of state be recorded in his office and deposited with the state controller.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 282.080 is hereby amended to read as follows:

282.080 The official bonds of officers shall be approved and filed as follows:

1. The official bond of the secretary of state shall be approved by the governor, [and filed and recorded in the office of the county clerk of Ormsby County.] recorded in the office of the secretary of state, and then deposited with the state controller.

2. The official bonds of all other state officers, required by law to give bond, shall be approved by the governor, and filed and recorded in the office of the secretary of state.

3. The official bonds of all county and township officers shall be approved by the board of county commissioners, and filed and recorded in the office of the county clerk of their respective counties; provided:

(a) That the bond of the county clerk shall be filed and recorded in the office of the county recorder of the proper county; and

(b) That where the county clerk is ex officio county recorder his bond shall be filed, recorded and deposited for safekeeping in the manner provided in NRS 246.020.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 34ê

CHAPTER 17, AB 57

Assembly Bill No. 57–Committee on Ways and Means

CHAPTER 17

AN ACT to amend NRS section 226.080, relating to the use by the state treasurer of a mechanical facsimile signature device, by providing that the key and facsimile signature rather than entire mechanical device shall be locked in a vault when not in use; to amend NRS sections 226.120 and 226.130, relating to reports of the state treasurer to the governor, legislature and state controller, by extending time in which reports to the governor and legislature shall be made and by changing the contents and reducing the number of reports required to be made to state controller.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 226.080 is hereby amended to read as follows:

226.080 1. The state treasurer is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise; provided:

(a) That the mechanical device shall be of such nature that the facsimile may be removed from the mechanical device and kept in a separate secure place; and

(b) That the facsimile signature of the state treasurer shall be made and used only under his personal direction and supervision; and

(c) That all of the mechanical device shall at all times be kept [in a vault,] securely locked [,] when not so in use [,] with the facsimile signature and the registered key to the mechanical device removed and locked in a vault, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.

2. Subject to the conditions of subsection 1 and the consent of each, the state treasurer and the state controller may combine their facsimile signatures for use in one mechanical device. The facsimile of such combined signatures shall be kept [in a separate secure place] in the state treasurer’s office [.] as provided in paragraph (a) of subsection 1.

Sec. 2. NRS 226.120 is hereby amended to read as follows:

226.120 The state treasurer shall:

1. Annually, on July 1 or within 60 days thereafter, or within 60 days after the latest date in the succeeding fiscal year fixed by the legislature for the closing of accounts and final disposition of unexpended funds, deliver to the governor a full exhibit of all moneys received by him into and paid out of the treasury, showing, under separate and appropriate heads, from what sources received and for what particular object or service the same has been paid out by him.

2. Give information, in writing, to either house of the legislature, whenever required, upon any subject connected with the treasury or any duty of his office.

Sec. 3. NRS 226.130 is hereby amended to read as follows:

226.130 1. The books, papers and transactions of the office of the state treasurer shall be open at all times for the inspection of the governor, the state controller, the state board of examiners, either house of the legislature, or of any committee thereof, or person authorized by law.

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ê1965 Statutes of Nevada, Page 35 (CHAPTER 17, AB 57)ê

of the legislature, or of any committee thereof, or person authorized by law.

2. The state treasurer shall report to the state controller, on or before the 10th day of each month, the complete operations of the treasury for the preceding month, specifying [:

(a) The amounts received and from what sources.

(b) The amounts expended in the redemption of bonds, warrants, coupons for interest, and other expenditures authorized by law.

(c) The balance of cash on hand in the treasury to the credit of the various funds.] the amount of funds on deposit with commercial depositories.

3. For any failure (except it be unavoidable) to comply with the provisions of this section, the state treasurer shall forfeit his office, and the governor shall declare the same vacant, and shall appoint a successor.

Sec. 4. This act shall become effective upon passage and approval.

________

CHAPTER 18, AB 58

Assembly Bill No. 58–Committee on Ways and Means

CHAPTER 18

AN ACT to amend NRS section 356.015, relating to inactive deposits of state funds, by allowing the state treasurer to make inactive deposits through warrants of the state controller and requiring the state controller to maintain records of inactive deposits.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 356.015 is hereby amended to read as follows:

356.015 1. With the written consent and approval of the state board of finance, the state treasurer shall:

[1.] (a) Establish a definition of inactive deposits; and

[2.] (b) Determine what amounts of money shall be deposited as inactive deposits and the rates of interest to be received thereon.

2. The state controller shall maintain accurate records of inactive deposits.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 36ê

CHAPTER 19, AB 59

Assembly Bill No. 59–Committee on Ways and Means

CHAPTER 19

AN ACT to amend NRS section 282.310, relating to the bond trust fund, by abolishing the state treasurer’s biennial report to the state board of finance.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 282.310 is hereby amended to read as follows:

282.310 1. The state treasurer shall keep a special fund of moneys and bonds received through the provisions of NRS 282.230 to 282.350, inclusive, to be known as the bond trust fund.

2. All funds accumulated under the provisions of chapter 124, Statutes of Nevada 1933, and chapters 52 and 131, Statutes of Nevada 1935, are transferred to the bond trust fund.

3. [The state treasurer shall report in writing at least twice a year to the state board of finance the condition of the bond trust fund.

4.] The bond trust fund shall be segregated from any and all other state funds, and shall be administered and used only as provided in NRS 282.230 to 282.350, inclusive, and the state shall in no way be held responsible or liable for any illegal or wrongful act of any official except as provided in NRS 282.230 to 282.350, inclusive.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 20, AB 61

Assembly Bill No. 61–Committee on Judiciary

CHAPTER 20

AN ACT to amend NRS section 127.130, relating to reports in adoption proceedings, by including the report and recommendations of licensed child-placing agency if the court has appointed such an agency to investigate.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 127.130 is hereby amended to read as follows:

127.130 The report of either the welfare division of the department of health and welfare or the licensed child-placing agency designated by the court shall not be made a matter of public record, but shall be given in writing and in confidence to the district judge before whom the matter is pending. If the recommendation of the welfare division or the designated agency is adverse, the district judge, before denying the petition, shall give the petitioner an opportunity to rebut the findings and recommendation of the report of the welfare division [.] or the designated agency.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 37ê

CHAPTER 21, AB 66

Assembly Bill No. 66–Committee on Judiciary

CHAPTER 21

AN ACT to repeal NRS sections 361.313 and 361.314, relating to contracts for assessment of and payment of taxes on land used exclusively for agricultural purposes.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 361.313 and 361.314 are hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 22, SB 14

Senate Bill No. 14–Senator Monroe

CHAPTER 22

AN ACT authorizing Elko County to improve, reconstruct, extend and better the Elko County fairgrounds, to equip and furnish the same, including, without limiting the generality of the foregoing, to construct and otherwise acquire a grandstand; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $150,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

[Approved February 5, 1965]

Whereas, The Board of County Commissioners of the County of Elko, in the State of Nevada (herein sometimes designated as the “Board,” the “County,” and the “State,” respectively), ordered the submission of, and there was submitted, at the general election held in the County on Tuesday, the 3rd day of November, 1964 (herein sometimes designated as the “election”), to the duly qualified electors of the County, a proposal authorizing the County to incur an indebtedness by the issuance of the County’s negotiable, coupon, general obligation bonds, in one series or more, in the aggregate principal amount of $150,000.00, or so much thereof as may be necessary, for the purpose of improving, reconstructing, extending and bettering the Elko County fairgrounds, equipping and furnishing the same, including, without limiting the generality of the foregoing, constructing and otherwise acquiring a grandstand (herein sometimes designated as the “Project”), said bonds to bear interest at a rate or rates not exceeding 5 percent per annum, and to mature serially according to law, commencing not later than 3 years and ending not later than 20 years from the date of the bonds, payable from general (ad valorem) taxes (except to the extent other moneys are available therefor), and to be issued and sold in such manner, upon such terms and conditions, with such covenants and agreements, and with such other detail as the Board may determine, including at its option, but not necessarily limited to, provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and

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ê1965 Statutes of Nevada, Page 38 (CHAPTER 22, SB 14)ê

provisions for the redemption of bonds prior to maturity without or with the payment of a premium; and

Whereas, Said proposal was approved by a majority voting thereon of those qualified electors of the County who were owners of, or spouses of owners of, real property assessed on the County assessment roll and also by a majority voting thereon of all other qualified electors of the County; and

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The County, acting by and through the Board, in addition to the powers elsewhere conferred upon the County, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the County’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $150,000.00, or such lesser amount as may be necessary, for the purpose of improving, reconstructing, extending and bettering the Elko County fairgrounds, equipping and furnishing the same, including without limiting the generality of the foregoing, constructing and otherwise acquiring a grandstand.

Sec. 2. 1. The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Board, below par at a discount of not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the County of more than 5 percent per annum computed to maturity according to standard tables of bond values including as a part of such cost the amount of discount permitted by the Board on the sale of the bonds.

2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

3. The Board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

4. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the County from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Board.

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ê1965 Statutes of Nevada, Page 39 (CHAPTER 22, SB 14)ê

by the County from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Board.

6. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

7. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the County, the Board, or any of the officers, agents and employees of the County.

8. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

Sec. 3. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the County.

Sec. 5. 1. The bonds of any series hereunder shall:

(a) Be of convenient denominations;

(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

(c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 20 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the Board may determine;

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ê1965 Statutes of Nevada, Page 40 (CHAPTER 22, SB 14)ê

appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

(f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Board; and

(g) Be printed at such place within or without the State, as the Board may determine.

2. Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 5 percent of the principal amount of each bond so redeemed, as the Board may determine and state in the ordinance.

4. The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the Board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.

5. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Board may determine may be issued.

7. Notwithstanding any other provision of law, the Board in any proceedings authorizing bonds hereunder:

(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

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ê1965 Statutes of Nevada, Page 41 (CHAPTER 22, SB 14)ê

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 registered for payment, or coupon bonds with provisions for registration for payment.

8. In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the County may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any, or

(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

(1) Upon filing with the County evidence satisfactory to the Board that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof, and

(2) Upon furnishing the County with indemnity satisfactory to the Board,

upon complying with such reasonable regulations as the Board may prescribe, and upon the payment of such expenses as the County may incur in connection therewith.

9. The County may also reissue any outstanding bond (upon such terms and conditions as the board and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

10. Any bond shall be executed in the name of and on behalf of the County, signed by the chairman of the Board, countersigned by the county treasurer, with the seal of the County affixed thereto, and attested by the county clerk.

11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the county treasurer.

13. 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 County, 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.

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ê1965 Statutes of Nevada, Page 42 (CHAPTER 22, SB 14)ê

Sec. 6. Bonds issued hereunder shall be a debt of the County, and the County shall thereby pledge its full faith and credit for their payment.

Sec. 7. 1. The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the County, including the net proceeds of mines.

2. Insofar as legally possible, within the limitation of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the County, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.

3. It shall be the duty of the Board and of any other body as may be charged with the duty of levying taxes in the County, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

4. In case the moneys produced from such levies, together with any other revenues of the County available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the Board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the County) are fully paid.

6. The County may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

Sec. 8. 1. Before the Board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county 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; and

3. After registration by the county treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the County, upon payment being made therefor on the terms of the sale or sales.

Sec. 9. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerk’s records.

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ê1965 Statutes of Nevada, Page 43 (CHAPTER 22, SB 14)ê

of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerk’s records. The county auditor shall credit the county treasurer on his books for the amount so paid.

Sec. 11. 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.

Sec. 13. The exercise of any power herein authorized by the Board upon behalf of the County has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

Sec. 14. This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.

3. The provisions of no other law, either general, special, or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the County acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

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ê1965 Statutes of Nevada, Page 44 (CHAPTER 22, SB 14)ê

acting by and through the Board, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.

5. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the County, acting by and through the Board, or any officer, agent, or employee thereof, by any other law.

Sec. 17. This act shall become effective upon passage and approval.

________

CHAPTER 23, SB 47

Senate Bill No. 47–Senator Dodge

CHAPTER 23

AN ACT authorizing the city of Fallon to improve, extend, develop, and better the city’s system of streets, alleys and sidewalks; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $900,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

[Approved February 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The city council of the city of Fallon, in the County of Churchill and State of Nevada (herein sometimes designated as the “Council,” the “City,” and the “State,” respectively), upon behalf and in the name of the City, and in addition to the powers elsewhere conferred upon the City, is hereby authorized and empowered, subject to the provisions of section 2 of this act:

1. To improve, extend, develop, and better the City’s system of streets, alleys and sidewalks, including without limitation, the opening, laying out of, excavating, grading, regrading, gravelling, surfacing, draining, macadamizing, oiling, paving, curbing, guttering, storm sewering, lighting, acquiring of sidewalks, crosswalks, driveway approaches, curb cuts, driveways, overpasses, tunnels, underpasses, approaches, ramps, bridges, retaining walls, catch-basins, manholes, inlets, outlets, culverts, drains, outfall sewers, sprinkling facilities, parkways, grade separators, artificial lights, lighting equipment, traffic control equipment for, and otherwise improving any public right-of-way as a street, alley or sidewalk (or any combination thereof), and appurtenances (herein sometimes designated as the “Project”); and

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ê1965 Statutes of Nevada, Page 45 (CHAPTER 23, SB 47)ê

control equipment for, and otherwise improving any public right-of-way as a street, alley or sidewalk (or any combination thereof), and appurtenances (herein sometimes designated as the “Project”); and

2. To defray wholly or in part the cost of the Project by the issuance of the City’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $900,000.00, or such lesser amount as the Council shall determine to be necessary or desirable therefor.

Sec. 2. The Council may submit at one time or from time to time a question of issuing any such bonds to the electors qualified to vote thereon, at a special, regular municipal, primary, or general election, held in accordance with NRS 350.010 to 350.070, inclusive, all laws amendatory thereof, and the laws of the State relating to elections insofar as the same can be made applicable. If a majority of each of the white ballots and the colored ballots cast on the question so submitted is in favor of the issuance of the bonds, the proposal to issue them shall have carried, and the Council may thereafter proceed to issue the bonds designated in the proposal in accordance with the provisions of this act. If a majority of either color of ballots or of both the white ballots and the colored ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and the Council shall be without power to issue any of the bonds designated in the proposal. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election called for that purpose pursuant to the provisions of this act or as otherwise authorized by law.

Sec. 3. 1. The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, as the Council may determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Council, below par at a discount of not exceeding 6 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 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such cost the amount of discount permitted by the Council on the sale of the bonds.

2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

3. The Council may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

4. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Council, may include all or any part of the incidental costs appertaining 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, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with any bond election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council.

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ê1965 Statutes of Nevada, Page 46 (CHAPTER 23, SB 47)ê

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, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with any bond election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council.

6. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

8. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

Sec. 4. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the City.

Sec. 5. Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusvely 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.

Sec. 6. 1. The bonds of any series hereunder shall:

(a) Be of convenient denominations;

(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

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ê1965 Statutes of Nevada, Page 47 (CHAPTER 23, SB 47)ê

(f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Council; and

(g) Be printed at such place within or without the State, as the Council may determine.

3. Bonds may be issued with privileges for registration for payment at to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated; 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 or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

5. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Council may determine may be issued.

7. Notwithstanding any other provision of law, the Council in any proceedings authorizing bonds hereunder:

(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

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ê1965 Statutes of Nevada, Page 48 (CHAPTER 23, SB 47)ê

(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any; or

(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

(1) Upon filing with the City evidence satisfactory to the Council that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof; and

(2) Upon furnishing the City with indemnity satisfactory to the Council,

upon complying with such reasonable regulations as the Council may prescribe, and upon the payment of such expenses as the City may incur in connection therewith.

10. Any bond shall be executed in the name of and on behalf of the City, signed by the mayor of the City, countersigned by the city treasurer, with the seal of the City affixed thereto, and attested by the city clerk.

11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city treasurer.

13. 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.

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ê1965 Statutes of Nevada, Page 49 (CHAPTER 23, SB 47)ê

Sec. 7. Bonds issued hereunder shall be a debt of the City, and the City shall thereby pledge its full faith and credit for their payment.

Sec. 8. 1. The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property of the City, including the net proceeds of mines.

3. It shall be the duty of the Council, of the board of county commissioners of Churchill County, and of any other body as may be charged with the duty of levying taxes in the City, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

Sec. 9. 1. Before the Council shall cause to be delivered bonds hereunder, all such bonds shall be registered by the city 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; and

3. After registration by the city treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the City, upon payment being made therefor on the terms of the sale or sales.

Sec. 10. Whenever the city treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the city clerk, taking his receipt therefor, which receipt shall subsequently be filed with his records.

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ê1965 Statutes of Nevada, Page 50 (CHAPTER 23, SB 47)ê

the same by writing across the face thereof or by stamping thereon the word “Paid,” together with the date of its payment, sign his name thereto, and transmit the same to the city clerk, taking his receipt therefor, which receipt shall subsequently be filed with his records. The city clerk shall credit the city treasurer on his books for the amount so paid.

Sec. 11. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

Sec. 12. 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.

Sec. 13. It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

Sec. 14. The exercise of any power herein authorized by the Council upon behalf of the City has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.

Sec. 15. This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.

Sec. 16. 1. This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.

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ê1965 Statutes of Nevada, Page 51 (CHAPTER 23, SB 47)ê

Sec. 17. 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. 18. This act shall become effective upon passage and approval.

________

CHAPTER 24, AB 64

Assembly Bill No. 64–Committee on Judiciary

CHAPTER 24

AN ACT to repeal chapter 599 of NRS, being the Fair Trade Act.

[Approved February 8, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 599 of NRS, comprised of NRS 599.010 to 599.070, inclusive, is hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 25, AB 10

Assembly Bill No. 10–Committee on State Institutions and Libraries

CHAPTER 25

AN ACT to repeal NRS section 407.190, relating to the election by the ichthyosaur park board of a chairman from among the members of the board.

[Approved February 9, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 407.190 is hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

________

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ê1965 Statutes of Nevada, Page 52ê

CHAPTER 26, AB 14

Assembly Bill No. 14–Committee on State Institutions and Libraries

CHAPTER 26

AN ACT to amend NRS section 381.120, relating to Nevada state museum employees, by deleting obsolete language.

[Approved February 9, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 381.120 is hereby amended to read as follows:

381.120 1. [Except as provided in subsection 2, the] 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 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. 2. This act shall become effective upon passage and approval.

________

CHAPTER 27, AB 98

Assembly Bill No. 98–Committee on Ways and Means

CHAPTER 27

AN ACT to amend chapter 2 of NRS, relating to the supreme court of Nevada, by adding a new section providing that the clerk of the supreme court shall act as administrative officer in processing all claims of justices of the supreme court, their widows, and of district judges; to amend NRS 281.165, relating to district judges’ travel and subsistence claims, by requiring conformity to such new section; and providing other matters properly relating thereto.

[Approved February 9, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 2 of NRS is hereby amended by adding thereto a new section which shall read as follows:

All claims of justices of the supreme court under NRS 2.050 and 2.060, of district judges under NRS 3.030 and 3.090, and of widows of justices of the supreme court under NRS 2.070 shall be submitted to the clerk of the supreme court, who shall act as administrative officer in processing such claims pursuant to the regulations of the state board of examiners.

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ê1965 Statutes of Nevada, Page 53 (CHAPTER 27, AB 98)ê

Sec. 2. NRS 281.165 is hereby amended to read as follows:

281.165 All claims of district judges for travel expenses and subsistence allowances shall be submitted to the clerk of the supreme court, [who shall act as administrative officer in processing such claims pursuant to the regulations of the state board of examiners.] in accordance with section 1 of this act.

________

CHAPTER 28, AB 99

Assembly Bill No. 99–Committee on Ways and Means

CHAPTER 28

AN ACT to amend NRS section 227.200, relating to the state controller’s drawing and delivery of warrants, by requiring that he deliver the warrants to the responsible state agency for transmittal to the payee entitled thereto.

[Approved February 9, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 227.200 is hereby amended to read as follows:

227.200 The state controller shall:

1. Draw a warrant in favor of any [person entitled to draw or to receive any money from the treasury, and deliver or mail the same to the person entitled thereto.] person, business firm or payee certified by an agency of state government to receive money from the treasury and deliver or mail such warrant to the responsible state agency for delivery to the payee entitled thereto.

2. Keep a warrant register, in which book he shall enter all warrants drawn by him. The arrangement of this book shall be such as to show the bill and warrant number, the amount, out of which fund the same are payable, and a distribution of the same under the various appropriations.

3. Credit the state treasurer with all warrants paid.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 29, AB 100

Assembly Bill No. 100–Committee on Ways and Means

CHAPTER 29

AN ACT to amend NRS section 281.120, relating to paydays of state officers and employees, by providing when payrolls shall be submitted and salary checks issued.

[Approved February 9, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 281.120 is hereby amended to read as follows:

281.120 Except as otherwise provided in this section, all state officers and regular and temporary employees of this state shall be paid their salaries as fixed by law in two equal semimonthly payments.

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ê1965 Statutes of Nevada, Page 54 (CHAPTER 29, AB 100)ê

their salaries as fixed by law in two equal semimonthly payments. The first semimonthly payment for each month shall be for the first half of that particular month, and the second semimonthly payment shall be for the last half of the month; provided:

1. [That the first half of the monthly salary shall not be paid before the 15th day of that month and the second half thereof before the last day of that month.] That payrolls shall be submitted by individual agencies immediately after the 15th and last day of each month for approval by the personnel division of the department of administration, and salary cheeks as approved by the state controller shall be issued not later than 10 calendar days following the end of each semimonthly pay period.

2. That state agencies or departments may be permitted to pay salaries, within the limits fixed by law, at regular 2-week intervals, when it shall be established to the satisfaction of the governor that such a method of payment will expedite and assist the work of the agency or department without inconvenience to other agencies or departments.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 30, AB 101

Assembly Bill No. 101–Committee on Ways and Means

CHAPTER 30

AN ACT making an appropriation for the relief of certain payees of stale state warrants.

[Approved February 9, 1965]

Whereas, By the provisions of NRS 353.130 state warrants are void if not presented for payment within 90 days of issuance; and

Whereas, Warrants bearing the following numbers and dates and made payable to the order of the following-named individuals and organizations for the state itemized amounts were heretofore issued by the state controller and the state treasurer and were not presented for payment within the time allowed by law:

Warrant No. Payee Date Amount

07466................... Max Jones August 31, 1960 $8.14

48373................... Flying U Rodeo Co., Inc. April 5, 1963 12.68

5676................... Norman C. Roberts August 20, 1963 33.54

25532................... Black Hills Teachers

College November 29, 1963 1.10

— — —

$55.46

and

Whereas, Such amounts represented by such stale warrants constitute debts of the State of Nevada; now, therefore,

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

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ê1965 Statutes of Nevada, Page 55 (CHAPTER 30, AB 101)ê

Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $55.46, to be paid as follows:

Max Jones...................................................................................... $8.14

Flying U Rodeo Co., Inc............................................................... 12.68

Norman C. Roberts........................................................................ 33.54

Black Hills Teachers College......................................................... 1.10

The state controller is directed to draw his warrants for the sums specified above, and the state treasurer is directed to pay such warrants.

Sec. 2. This act shall become effective upon passage and approval

________

CHAPTER 31, AB 137

Assembly Bill No. 137–Committee on Ways and Means

CHAPTER 31

AN ACT to amend NRS section 349.110, relating to the payment of bonds of the state on maturity and interest payments from the consolidated bond interest and redemption fund, by requiring the state treasurer to make such payments.

[Approved February 9, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 349.110 is hereby amended to read as follows:

349.110 After March 28, 1939, so long as there shall be any outstanding bonds in the name of the State of Nevada, the state treasurer shall make payment for redemption of such bonds and the interest thereon [shall be made out of] from the consolidated bond interest and redemption fund.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 32, AB 139

Assembly Bill No. 139–Committee on Ways and Means

CHAPTER 32

AN ACT to repeal NRS section 353.020, relating to meetings of the state board of examiners.

[Approved February 9, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 353.020 is hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

________

…………………………………………………………………………………………………………………

ê1965 Statutes of Nevada, Page 56ê

CHAPTER 33, AB 164

Assembly Bill No. 164–Committee on Ways and Means

CHAPTER 33

AN ACT to amend NRS section 321.335, relating to procedure for sale of state lands, by providing that persons requesting sale of state lands shall deposit money to pay the cost of processing such request and providing for refund if the depositor is not the successful bidder.

[Approved February 9, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 321.335 is hereby amended to read as follows:

321.335 1. Notwithstanding any other provision of law, except NRS 321.450, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, except the department of highways, including lands theretofore subject to contracts of sale which have been forfeited, shall be governed by the provisions of this section.

2. Whenever the state land register deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may cause the same to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, as hereinafter provided, at a price not less than the appraised value thereof and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.

3. Before offering any such land for sale, the state land register shall cause the same to be appraised by a competent appraiser.

4. After receipt of the report of the appraiser, the state land register shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he may deem appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice shall be so published in some newspaper published in this state having a general circulation in the county where the land is situated.

5. Such notice shall contain:

(a) A description of the land to be sold;

(b) A statement of the terms of sale;

(d) If the sale is to be at public auction, the time and place of sale; or

(e) If the sale is to be upon sealed bids, the place where such bids will be accepted, the first and last days on which the same will be accepted, and the time and place such bids will be opened.

6. The state land register may reject any bid or offer to purchase if he deems such bid or offer to be:

(a) Contrary to the public interest.

(b) For a lesser amount than is reasonable for the land involved.

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ê1965 Statutes of Nevada, Page 57 (CHAPTER 33, AB 164)ê

(d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

7. Upon acceptance of any bid or offer and payment to the state land register in accordance with the terms of sale specified in the notice of sale, the state land register shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but every such contract shall require that the remainder of the purchase price be paid within 25 years from the date of the contract and that such contract shall immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the same was due and payable pursuant to the contract.

8. Nothing in this section shall apply to or affect any pending contract or application for the purchase of land from the State of Nevada, whether title thereto is in the state or the state is in the process of acquiring title thereto under any method of exchange or selection between the state and the United States or any department or agency thereof.

9. A revolving fund in the sum of $1,000, to be known as the state land register appraisal and publication revolving fund, is hereby created to be used by the state land register in paying, in the manner provided by law, the necessary expenses incurred in carrying out the provisions of subsection 2. Any person requesting that state land be sold under provisions of this section shall deposit an amount of money sufficient to pay the costs of the state land register in processing the application, including publication costs and appraisal expenses. This deposit shall be refunded whenever the person making the deposit is not the successful bidder and the costs of processing the application, including publication and appraisal expenses, shall be borne by the successful bidder.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 34, AB 17

Assembly Bill No. 17–Committee on State, County and City Affairs

CHAPTER 34

AN ACT to amend NRS section 227.110, relating to the annual report of state controller, by extending the time in which the report must be made to 60 days beyond the latest date set by the legislature for closing of accounts.

[Approved February 16, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 227.110 is hereby amended to read as follows:

227.110 1. The state controller shall digest, prepare and report to the governor, not later than 60 days after the close of each fiscal year [,] or 60 days after the latest date in the succeeding fiscal year fixed by the legislature for the closing of accounts and final disposition of unexpended funds, to be laid before the legislature at each regular session:

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ê1965 Statutes of Nevada, Page 58 (CHAPTER 34, AB 17)ê

by the legislature for the closing of accounts and final disposition of unexpended funds, to be laid before the legislature at each regular session:

(a) A complete statement of the condition of the revenues, taxable funds, resources, incomes and property of the state, and the amount of the expenditures for the preceding fiscal year.

(b) A full and detailed statement of the public debt.

(c) A tabular statement showing separately the whole amount of each appropriation of money made by law, the amount paid under the same, and the balance unexpended.

(d) A tabular statement showing the amount of revenue collected from each county for the preceding year.

2. In his report the state controller shall recommend such plans as he may deem expedient for the support of the public credit, for promoting frugality and economy in the public offices, for lessening the public expenses, and, generally, for the better management and more perfect understanding of the fiscal affairs of the state.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 35, AB 20

Assembly Bill No. 20–Committee on Judiciary

CHAPTER 35

AN ACT to amend NRS section 159.120, relating to appointment of guardians of incompetent persons or their estates, by deleting provision for appointment of the superintendent of the Nevada state hospital; by providing that a bank or trust company may be appointed as guardian of the estate of an inmate of the Nevada state hospital; and by prohibiting an employee of the Nevada state hospital from acting as guardian of an inmate unless the inmate is a member of the employee’s immediate family.

[Approved February 16, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 159.120 is hereby amended to read as follows:

159.120 1. Except as provided in [subsection 2,] subsections 2 to 4, inclusive, letters of guardianship of an incompetent person or his estate shall be granted to one or more of the persons hereinafter mentioned and they shall be, respectively, entitled in the following order:

(a) The husband or wife of the incompetent person, or such person as the husband or wife may request to have appointed.

(b) The children.

(d) The brother.

(e) The sister.

(f) The grandchildren.

(g) Any other of the kindred of the incompetent person.

(h) Any competent friend.

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ê1965 Statutes of Nevada, Page 59 (CHAPTER 35, AB 20)ê

(i) The public administrator.

[(j) The superintendent of the Nevada state hospital.]

2. The court may grant letters of guardianship of the estate of an incompetent veteran, who is entitled to benefits from the Veterans’ Administration, to the Nevada commissioner for veteran affairs.

3. The court may grant letters of guardianship of the estate of an inmate of the Nevada state hospital to any bank or trust company organized under the laws of this state or any national bank which has its principal place of business in this state.

4. No employee of the Nevada state hospital may serve as the guardian of an inmate of such hospital unless the inmate is the husband, wife, child, father, mother, sister, brother, half sister or half brother of the employee.

________

CHAPTER 36, AB 68

Assembly Bill No. 68–Committee on Judiciary

CHAPTER 36

AN ACT to amend NRS section 310.010, defining certain words and phrases used in chapter 310 of NRS, relating to sewage, water and garbage disposal districts, by deleting definitions of “sewage” and “water.”

[Approved February 16, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 310.010 is hereby amended to read as follows:

310.010 As used in this chapter:

1. “Ex officio clerk or the sanitary board” shall refer to the clerk of the board of county commissioners of any county.

2. “Garbage disposal” shall refer to any and all methods of disposing of garbage and refuse, including the collection and burning or otherwise disposing of all types of garbage and refuse.

3. “Sanitary assessor” shall refer to the county assessor of any county.

4. “Sanitary board” shall refer to the board of county commissioners of any county.

[5. “Sewage” shall refer to and include sewers, sewage disposal plants, sewage treatment plants and septic tanks, and any and all other materials or construction connected with the handling or disposal of sewage.

6. “Water” shall refer to and include all types of material and construction necessary for the creation and maintenance of a water supply for domestic use, fire fighting and any and all other related purposes.]

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 60ê

CHAPTER 37, AB 69

Assembly Bill No. 69–Committee on Judiciary

CHAPTER 37

AN ACT to amend NRS section 115.060, relating to the disposition of a homestead in case of death, by removing provisions which deny the surviving spouse exemption for a homestead selected from separate property of either spouse; and to amend NRS section 146.050, relating to vesting of homesteads and exemption for the surviving spouse, by removing inoperative provisions and replacing them with a provision describing the vesting of property that has been set aside by a court for a limited period to the family of the decedent.

[Approved February 16, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 115.060 is hereby amended to read as follows:

115.060 1. The homestead and all other property exempt by law from sale under execution, shall, upon the death of either spouse, be set apart by the court as the sole property of the surviving spouse, for his or her benefit and that of his or her legitimate child or children. In the event there be no surviving spouse or legitimate child or children of either, then the property shall be subject to administration and to the payment of his or her debts and liabilities.

2. The exemption made by this chapter shall not extend to unmarried persons, except when they have the care and maintenance of minor brothers or sisters, or both, or of a brother’s or sister’s minor children, or of a father or mother, or of grandparents, or unmarried sisters living in the house with them; and in all such cases the exemption shall cease upon the cessation of the terms upon which it was granted. Upon the death of such unmarried person, the property shall descend to his or her heirs, as in other cases, unless disposed of by will, subject to administration and the payment of debts and liabilities.

[3. No exemption to the surviving spouse shall be allowed in cases where the homestead declaration has been filed upon the separate property of either husband or wife, as provided in NRS 115.020.]

Sec. 2. NRS 146.050 is hereby amended to read as follows:

146.050 1. If the homestead was selected by the husband and wife, or either of them, during their coverture, and recorded while both were living, [was selected from the community property or from the separate property of the person selecting or joining in the selection of the same,] as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor.

2. [If the homestead was selected from the separate property of the decedent without his or her consent, it vests, on death, in his or her heirs or devisees, subject to the power of the court to set it apart for a limited period to the family of the decedent, as provided in this chapter.] If no homestead was selected, but a homestead is set apart by the court for a limited period to the family of the decedent, as provided in this chapter, it vests, subject to this setting apart:

(a) If set apart from his separate property, in his heirs or devisees.

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ê1965 Statutes of Nevada, Page 61 (CHAPTER 37, AB 69)ê

(b) If set apart from community property, one-half in the surviving spouse, and one-half in his devisees, or if no testamentary disposition is made then in the surviving spouse.

3. In either case it is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, except it be secured by lawful liens thereon.

Sec. 3. This act shall become effective upon passage and approval.

________

CHAPTER 38, AB 71

Assembly Bill No. 71–Committee on Judiciary

CHAPTER 38

AN ACT to amend NRS sections 625.150, 625.160, 634.050, 639.060, 642.070, 643.060 and 644.160, relating to duties of boards and commissions which regulate certain professions, occupations and businesses, by deleting provisions for annual financial reports; to repeal NRS sections 624.130, 628.150, 631.200, 632.110 and 636.115, relating to requirement of annual financial reports of boards and commissions which regulate certain professions, occupations and businesses; and providing other matters properly relating thereto.

[Approved February 16, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 625.150 is hereby amended to read as follows:

625.150 1. The board shall deposit in banks and savings and loan associations in the State of Nevada all fees collected by it.

2. All fees collected by the board shall be used to meet the expenses of examinations, the expenses of issuance of certificates and the expenses of conducting the office of the board.

3. Such expenses, including traveling and hotel expenses of the members while attending the sessions of the board or conducting examinations, must be paid from the current receipts. No portion thereof shall be paid from the state treasury.

4. Any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof.

Sec. 2. NRS 625.160 is hereby amended to read as follows:

625.160 [1.] Annually, on or before January 1, the board shall report to the secretary of state [:

(a) All] all certificates issued or renewed. [; and

(b) A detailed statement of receipts and disbursements.

2. Any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof.]

Sec. 3. NRS 634.050 is hereby amended to read as follows:

634.050 [1.] All moneys collected by the board shall be deposited in banks or savings and loan associations in the State of Nevada, and shall be used by the board to defray its legitimate expenses.

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ê1965 Statutes of Nevada, Page 62 (CHAPTER 38, AB 71)ê

[2. The board shall file an annual report with the governor on or before August 1 of each year. The report shall show in detail:

(a) All moneys received from every source whatsoever.

(b) All moneys disbursed.

3. A certified copy of the annual report shall be filed by the board in the office of the secretary of state, and when so filed shall be a public record available for inspection or copying by any person.]

Sec. 4. NRS 639.060 is hereby amended to read as follows:

639.060 Annually, the board shall report to the governor upon the condition of pharmacy in the State of Nevada. The report shall contain:

1. A full and complete record of the proceedings of the board for the year.

2. [A complete statement of all fees received.

3.] The names of all pharmacists registered under this chapter.

Sec. 5. NRS 642.070 is hereby amended to read as follows:

642.070 [1.] All fees collected under the provisions of this chapter shall be paid to the treasurer of the board to be used for the purpose of defraying the necessary expenses of the board. The treasurer shall deposit the fees in banks or savings and loan associations in the State of Nevada.

[2. On or before the 1st Monday of December in each year, the board shall make a written report to the governor containing a detailed statement of the nature of receipts and manner of expenditures.]

Sec. 6. NRS 643.060 is hereby amended to read as follows:

643.060 1. All moneys received by the board under this chapter shall be paid to the secretary-treasurer of the board, who shall deposit the moneys in banks or savings and loan associations in the State of Nevada [. He shall] and give a receipt for the same. [and shall report semiannually to the governor the total amount of money received by him on behalf of the board from all sources.]

2. Such funds shall be expended in accordance with the provisions of this chapter for all necessary and proper expenses in carrying out the provisions of this chapter and upon proper claims approved by the board.

Sec. 7. NRS 644.160 is hereby amended to read as follows:

644.160 The board shall make a written annual report to the governor concerning the condition, in this state, of cosmetology and the branches thereof. The report shall contain a brief reference to the proceedings had by or before the board in carrying out the provisions of this chapter for the year last past. [and a statement of all moneys received and expended by the board during that year.]

Sec. 8. NRS 624.130, 628.150, 631.200, 632.110 and 636.115 are hereby repealed.

Sec. 9. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 63ê

CHAPTER 39, SB 13

Senate Bill No. 13–Senator Monroe

CHAPTER 39

AN ACT to amend NRS section 205.470, relating to unlawful use of or injury to television or radio signals and equipment, by restricting application of the words “willfully and maliciously” to destruction of or interference with radio or television signals or equipment; and providing other matters properly relating thereto.

[Approved February 16, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 205.470 is hereby amended to read as follows:

205.470 Any person who: [willfully and maliciously:

1. Breaks,] 1. Willfully and maliciously breaks, injures or otherwise destroys, damages or interferes with any of the posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system; or

2. [Leads] Without authority leads or attempts to lead from its uses or make use of the electrical signal or any portion thereof from any posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system, is guilty of a misdemeanor.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 40, SB 30

Senate Bill No. 30–Senator Parks (by request)

CHAPTER 40

AN ACT to amend NRS section 643.140, relating to certificates of registration of barbers and apprentices, by increasing the maximum amount chargeable on annual certificate renewal fees, decreasing the period in which an expired certificate may be restored, and decreasing the maximum amount chargeable on restoration fees.

[Approved February 16, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 643.140 is hereby amended to read as follows:

643.140 1. Every registered barber and every registered apprentice who continues in active practice or service shall annually, on or before April 1 of each year, renew his certificate of registration and pay the required fee, and shall file a certificate in the manner provided in subsection 5 of NRS 643.090, certifying that he is free from tuberculosis and other communicable diseases. The board shall fix the annual renewal license fee, which shall not be more than [$5.] $10. Every certificate of registration which has not been renewed during the month of April in any year shall expire on May 1 in that year.

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ê1965 Statutes of Nevada, Page 64 (CHAPTER 40, SB 30)ê

certificate of registration which has not been renewed during the month of April in any year shall expire on May 1 in that year.

2. A registered barber or a registered apprentice whose certificate of registration has expired may have his certificate restored immediately upon payment of the required restoration fee at any time within [5] 2 years after the expiration of his certificate of registration. The board shall fix the restoration fee, which shall not be more than [$25.] $20.

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CHAPTER 41, AB 46

Assembly Bill No. 46–Committee on Agriculture and Irrigation

CHAPTER 41

AN ACT to amend NRS sections 555.260, 555.280, 555.310, 555.330 and 555.350, relating to insect and pest control, by defining “agent,” requiring such agent to be licensed and setting a license fee; directing the executive director of the state department of agriculture to investigate damages resulting from application of pesticides and to suspend licenses upon cancellation of insurance or proof of loss of financial responsibility; and providing other matters properly relating thereto.

[Approved February 17, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 555.260 is hereby amended to read as follows:

555.260 As used in NRS 555.260 to 555.460, inclusive:

1. “Agent” means any person who serves as a resident agent or solicits business in behalf of a custom pest control operator. “Agent” does not include a chemical supplier who solicits on behalf of an applicator when no contract or agreement exists between the chemical supplier and the applicator and where no consideration for the solicitation passes between the chemical supplier and the applicator.

2. “Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.

[2.] 3. “Custom application of insecticides, fungicides, herbicides or rodenticides” means any application of insecticides, fungicides, herbicides or rodenticides by aircraft or ground equipment for hire, including application made on new construction of residence buildings or building slabs by contractors or builders.

[3.] 4. “Executive director” means the executive director of the state department of agriculture.

[4.] 5. “Fungi” means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals.

[5.] 6. “Fungicide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any fungi.

[6.] 7. “Ground equipment” means any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to, use in applying insecticides, fungicides, herbicides or rodenticides as sprays, dusts, aerosols or fogs, or in other forms.

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ê1965 Statutes of Nevada, Page 65 (CHAPTER 41, AB 46)ê

than aircraft) for use on land or water, designed for, or adaptable to, use in applying insecticides, fungicides, herbicides or rodenticides as sprays, dusts, aerosols or fogs, or in other forms.

[7.] 8. “Herbicide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any weed.

[8.] 9. “Insect” means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs as, for example, spiders, mites, ticks, centipedes and wood lice.

[9.] 10. “Insecticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatever.

[10.] 11. “Person” means any individual, firm, partnership, association, corporation, company, joint-stock association or body politic, or any organized group of persons whether incorporated or not, and includes any trustee, receiver, assignee or other similar representative thereof.

[11.] 12. “Rodent” means all members of the order Rodentia and all rabbits and hares.

[12.] 13. “Rodenticide” means any substance or mixture of substances intended to prevent, destroy, repel or mitigate rodents.

[13.] 14. “Weed” means any plant which grows where not wanted.

Sec. 2. NRS 555.280 is hereby amended to read as follows:

555.280 No person shall engage in custom application of insecticides, fungicides, herbicides or rodenticides or serve as an agent, operator or pilot within this state at any time without a license issued by the executive director.

Sec. 3. NRS 555.310 is hereby amended to read as follows:

555.310 The executive director shall collect from each person applying for a license the sum of $25 before the license is issued. Any company or person employing [more than one operator of ground sprayers or pilot] operators, pilots or agents shall pay to the executive director $10 for each such operator, [or] pilot [.] or agent.

Sec. 4. NRS 555.330 is hereby amended to read as follows:

555.330 1. The executive director shall require from each applicant for an operator’s license proof of financial responsibility, including public liability and property damage insurance in an amount not less than $10,000, nor more than $200,000.

2. The executive director may require drift insurance for operators employing economic poisons or other materials declared hazardous or dangerous to humans, livestock or wildlife.

3. Any person injured by the breach of any such obligation shall be entitled to sue in his own name in any court of competent jurisdiction to recover the damages he may have sustained by such breach, providing each claim is made within 6 months after the alleged injury.

4. The executive director on his own motion may, or upon receipt of a verified complaint of an interested person shall, investigate, as he deems necessary, any loss or damage resulting from the application of any pesticide by a licensed custom pest control operator.

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ê1965 Statutes of Nevada, Page 66 (CHAPTER 41, AB 46)ê

deems necessary, any loss or damage resulting from the application of any pesticide by a licensed custom pest control operator. Verified complaint of loss or damage must be filed within 60 days from the time that the occurrence of such loss or damage becomes known; or if a growing crop is alleged to have been damaged, such verified complaint shall be filed prior to the time 50 percent of the crop has been harvested. A report of investigations resulting from a verified complaint shall be furnished to the complainant.

Sec. 5. NRS 555.350 is hereby amended to read as follows:

555.350 1. The executive director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke or modify any license issued under NRS 555.260 to 555.460, inclusive, if he finds that:

[1.] (a) The licensee is no longer qualified; or

[2.] (b) The licensee has engaged in fraudulent business practices in the custom application of insecticides, fungicides, herbicides or rodenticides; or

[3.] (c) The licensee has made any custom application in a faulty, careless or negligent manner; or

[4.] (d) The licensee has violated any of the provisions of NRS 555.260 to 555.460, inclusive, or regulations made thereunder.

2. A license shall be suspended automatically, without action of the executive director, if the proof of financial responsibility, including public liability and property damage or drift insurance filed pursuant to NRS 555.330 is canceled, and the license shall remain suspended until such insurance or proof of financial responsibility is reestablished.

Sec. 6. This act shall become effective upon passage and approval.

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CHAPTER 42, AB 293

Assembly Bill No. 293–Clark County Delegation

CHAPTER 42

AN ACT prohibiting the annexation of land to incorporated cities or towns or to unincorporated towns in Clark County; to amend the charters of the cities of Las Vegas and North Las Vegas, being respectively chapter 132, Statutes of Nevada 1911, as amended, and chapter 283, Statutes of Nevada 1953, as amended; and providing other matters properly relating thereto.

[Approved February 17, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The legislature finds that:

1. Annexation of land to incorporated cities and unincorporated towns in Clark County has in recent years proceeded and is still proceeding at an extraordinarily rapid rate.

2. Such annexation often includes land not developed or ready for urban development, for the sole apparent purpose of forestalling its acquisition by another governmental body.

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ê1965 Statutes of Nevada, Page 67 (CHAPTER 42, AB 293)ê

3. Such annexation introduces confusion and oppression into the vital questions of taxation, special assessment, provision of municipal services, utilization of the limited supply of underground water, and many more.

Sec. 2. The legislature therefore finds and declares:

1. That the public health, safety and welfare of the inhabitants of Clark County and of the State of Nevada require that annexation be halted.

2. That a unique situation exists in Clark County requiring special legislation, to which a general law cannot be made applicable.

Sec. 3. Section 2 of chapter I of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 320, Statutes of Nevada 1953, at page 544, is hereby repealed.

Sec. 4. Section 2 of chapter I of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as last amended by chapter 447, Statutes of Nevada 1963, at page 1204, is hereby repealed.

Sec. 5. Notwithstanding the provisions of NRS 266.090, or of any other general or special law, or of its charter adopted pursuant to chapter 267 of NRS, Boulder City shall not annex any land.

Sec. 6. Notwithstanding the provisions of NRS 266.090, or of any other general or special law, or of any ordinance enacted by the board of county commissioners pursuant to NRS 269.020, no incorporated city or town in Clark County, Nevada, organized under any general or special law or special charter, may annex any land.

Sec. 7. Notwithstanding the provisions of NRS 269.015, the board of county commissioners of Clark County, Nevada, shall not enlarge the boundaries or area of any unincorporated town.

Sec. 8. This act shall become effective upon passage and approval.

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CHAPTER 43, AB 2

Assembly Bill No. 2–Committee on Labor

CHAPTER 43

AN ACT to amend NRS section 611.070, relating to the bonding of applicants for private employment agency licenses, by providing such bond be deposited with the labor commissioner; to amend NRS section 611.100, relating to license fees of private employment agencies, by providing that such fees shall accrue to the general fund in the state treasury; and providing other matters properly relating thereto.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 611.070 is hereby amended to read as follows:

611.070 Before a license is issued, the applicant shall deposit with the [city clerk, if there is one, or with the county clerk] labor commissioner a bond in the penal sum of $1,000 with two or more sureties or a duly authorized surety company as surety, which bond shall be first approved by the labor commissioner.

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ê1965 Statutes of Nevada, Page 68 (CHAPTER 43, AB 2)ê

a duly authorized surety company as surety, which bond shall be first approved by the labor commissioner. A notice of 30 days shall be given to the labor commissioner before cancellation of such bond.

Sec. 2. NRS 611.100 is hereby amended to read as follows:

611.100 [1.] At the end of each month the labor commissioner shall make an itemized account of all moneys received by him as license fees under the provisions of NRS 611.020 to 611.320, inclusive, and shall pay the moneys to the state treasurer. Such moneys shall [be held in a separate fund to be known as the employment agency fund.

2. Subject to the provisions of NRS 353.210 to 353.220, inclusive, the labor commission may use the moneys in such fund:

(a) To print blanks, books and receipts to be furnished to licensed employment agencies by the labor commissioner.

(b) To cover the costs of investigating applicants for licenses required under NRS 611.030.

(c) To defray the costs of the administration of the office of labor commissioner, to the extent that any excess remains in such fund after payment of the expenses enumerated in paragraphs (a) and (b).] accrue to the general fund in the state treasury.

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CHAPTER 44, AB 3

Assembly Bill No. 3–Committee on Labor

CHAPTER 44

AN ACT to amend NRS section 610.100, relating to reports from the state apprenticeship council, by providing that such reports be biennial.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 610.100 is hereby amended to read as follows:

610.100 [Not less than once a year, the] The state apprenticeship council shall make a report of its activities and findings, through the labor commissioner, as provided in NRS 607.080, to the legislature and to the public.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 69ê

CHAPTER 45, AB 7

Assembly Bill No. 7–Committee on State, County and City Affairs

CHAPTER 45

AN ACT to amend NRS section 407.073, relating to exhibit and display of state park property, by providing that the state park system shall have sole jurisdiction of any museum or exhibit located on state park property.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 407.073 is hereby amended to read as follows:

407.073 1. The system is hereby authorized to exhibit and display property, objects, articles, things and commodities at exhibits, fairs, expositions and places of public or private exhibition.

2. The system may negotiate, consult with and agree with institutions, departments, officers, persons and corporations of and in the State of Nevada and elsewhere concerning quarters for and the preservation, care, transportation, storing, custody, display and exhibition of property, objects, articles, things and commodities, and concerning the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof.

3. The system shall have sole responsibility for and jurisdiction of any museum or exhibit maintained on state park property.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 46, AB 19

Assembly Bill No. 19–Committee on Judiciary

CHAPTER 46

AN ACT to amend NRS section 239.010, relating to the public inspection of state, county and city records, by describing such records as public records; extending the right of public inspection to public books and records of districts, governmental subdivisions and quasi-municipal corporations; clarifying language relating to penalties; and providing other matters properly relating thereto.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 239.010 is hereby amended to read as follows:

239.010 1. [All books and records of state, county and city officers of this state shall be open at all times during office hours to inspection] All public books and public records of state, county, city, district, governmental subdivision and quasi-municipal corporation officers and offices of this state (and all departments thereof), the contents of which are not otherwise declared by law to be confidential, shall be open at all times during office hours to inspection by any person, and the same may be fully copied or an abstract or memorandum prepared therefrom, and any copies, abstracts or memoranda taken therefrom may be utilized to supply the general public with copies, abstracts or memoranda of the records or in any other way in which the same may be used to the advantage of the owner thereof or of the general public.

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ê1965 Statutes of Nevada, Page 70 (CHAPTER 46, AB 19)ê

therefrom, and any copies, abstracts or memoranda taken therefrom may be utilized to supply the general public with copies, abstracts or memoranda of the records or in any other way in which the same may be used to the advantage of the owner thereof or of the general public.

2. [Any person who violates any of the provisions of subsection 1 is guilty of a misdemeanor.] Any officer having the custody of any of the public books and public records described in subsection 1 who refuses any person the right to inspect such books and records as provided in subsection 1 is guilty of a misdemeanor.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 47, AB 93

Assembly Bill No. 93–Mr. Bailey

CHAPTER 47

AN ACT to amend an act with the amended title “An Act authorizing the issuance and sale of revenue certificates by the University of Nevada for certain specified projects and the use and repayment of the receipts thereof; prohibiting the acquisition of movable furniture and furnishings with the proceeds derived from the issuance and sale of such revenue certificates; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for securing such revenue certificates and providing remedies for the holders of such revenue certificates; containing prohibitions against obligating the State of Nevada; and providing other matters properly relating thereto,” approved April 5, 1961, as amended, and ratifying, approving, confirming and validating all acts and proceedings heretofore had or taken preliminary to and in the acquisition of the projects and the issuance of the revenue certificates.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The above-entitled act, being chapter 282, Statutes of Nevada 1961, as amended by chapter 6, Statutes of Nevada 1964, is hereby further amended by the addition of a new section to be designated as section 6.1, to follow immediately after section 6 of said act, and to read as follows:

Section 6.1. The board of regents also has the power by resolution:

1. To provide that payment of any revenue certificates issued hereunder and the interest thereon may also be made from, and as security for such payment there may also be pledged, the income and revenue derived from the operation of an existing men’s dormitory for housing approximately 160 men students and one monitor, an existing women’s dormitory for housing approximately 200 women students, one resident director and two monitors, four existing apartment buildings for housing approximately 32 married students and approximately eight faculty members, an existing dining hall for serving approximately 450 students, and appurtenant facilities (herein sometimes designated as the “1959 project”), and acquired with the proceeds of the revenue certificates issued pursuant to chapter 360, Statutes of Nevada 1957, in the original principal amount of $2,012,000, dated as of the 1st day of April 1959, and designated as the University of Nevada Housing Revenue Certificates of 1959 (herein sometimes designated as the 1959 certificates), subject to the existing pledge of income and revenue and other contractual limitations created to secure their payment.

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ê1965 Statutes of Nevada, Page 71 (CHAPTER 47, AB 93)ê

designated as the “1959 project”), and acquired with the proceeds of the revenue certificates issued pursuant to chapter 360, Statutes of Nevada 1957, in the original principal amount of $2,012,000, dated as of the 1st day of April 1959, and designated as the University of Nevada Housing Revenue Certificates of 1959 (herein sometimes designated as the 1959 certificates), subject to the existing pledge of income and revenue and other contractual limitations created to secure their payment.

2. To pledge and assign to, or in trust for the benefit of, the holder or holders of any revenue certificates issued hereunder, an amount of the income and revenue derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, the 1959 project, subject to such existing pledge and other contractual limitations.

3. To provide that any revenue certificates issued hereunder be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of the University of Nevada) derived from the operation of the 1959 project, after provision is made for the payment of the outstanding 1959 certificates and of the current expenses of operating and maintaining the 1959 project, and made for the accumulation and maintenance of reserves and accounts appertaining thereto, to the extent necessary to pay the principal of and the interest on certificates issued hereunder as the same become due and to establish reasonable reserves therefor.

Sec. 2. All acts and all proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the University of Nevada preliminary to and in:

1. The acquisition of and otherwise affecting any project or projects authorized by chapter 282, Statutes of Nevada 1961, as amended, and

2. The issuance of any revenue certificates authorized by said act, as amended,

be, and the same hereby are ratified, approved, confirmed and validated.

Sec. 3. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

Sec. 4. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 72ê

CHAPTER 48, AB 127

Assembly Bill No. 127–Committee on State, County and City Affairs

CHAPTER 48

AN ACT to amend the charters of the cities of Caliente, Carson City, Elko, Gabbs, Las Vegas, North Las Vegas, Reno, Sparks, Wells and Yerington, being respectively chapter 289, Statutes of Nevada 1957, as amended, chapter 43, Statutes of Nevada 1875, as amended, chapter 84, Statutes of Nevada 1917, as amended, chapter 381, Statutes of Nevada 1955, as amended, chapter 132, Statutes of Nevada 1911, as amended, chapter 283, Statutes of Nevada 1953, as amended, chapter 71, Statutes of Nevada 1905, as amended, chapter 180, Statutes of Nevada 1949, as amended, chapter 104, Statutes of Nevada 1927, as amended, and chapter 72, Statutes of Nevada 1907, as amended, by providing for uniform presentation of claims against cities, limitation of actions thereon and service of process in such actions; to repeal NRS section 269.090, relating to limitation of actions against towns; and providing other matters properly relating thereto.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, at page 399, as amended, is hereby amended by adding thereto a new section to be designated as section 14.5, which shall immediately follow section 14 and shall read as follows:

Section 14.5. Claims, Accounts and Demands. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.

Sec. 2. Section 20 of the charter of Carson City, being chapter 43, Statutes of Nevada 1875, as amended by chapter 141, Statutes of Nevada 1960, at p. 214, is hereby amended to read as follows:

Section 20. [The holder of any claim or demand mentioned as above, which has been rejected in whole or in part, may, within six months after such rejection, commence an action in any Court of competent jurisdiction of the County of Ormsby for the amount of the claim or the portion rejected, as the case may be. The action shall be against the city, and the service of summons shall be made upon the President of the city council. In case of a final recovery of judgment by the plaintiff, the city council shall allow the amount thereof, which shall be paid in the order of such allowance.] All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.

Sec. 3. Section 17 of Chapter II of the charter of the City of Elko, being chapter 84, Statutes of Nevada 1917, at page 138, is hereby amended to read as follows:

Section 17. Claims and Accounts-Warrants, How Issued-Financial Statements, Publication Of. The supervisor 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 supervisor to act in his stead during his absence, or to audit such claims or accounts as said supervisor shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of supervisors 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 board.

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ê1965 Statutes of Nevada, Page 73 (CHAPTER 48, AB 127)ê

he is absent or fails or refuses to do so, in which event the mayor shall appoint another supervisor to act in his stead during his absence, or to audit such claims or accounts as said supervisor shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of supervisors 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 board. The city clerk shall certify the claim when so allowed by the board, 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 board shall have the right to pass a claim over such veto by a vote of four members of such board. [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 or amount so rejected, together with the right of action thereon, shall be forever barred, and the board of supervisors 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 board. In case of final recovery of judgment by the plaintiff in any action against the city, no execution shall issue therefor, but the board must allow the amount of the same with costs as taxed by the court.] All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limted in paragraph (b) of subsection 5 of NRS 11.190. The supervisors 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 board of supervisors 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.

Sec. 4. Section 21 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 671, is hereby amended to read as follows:

Section 21. 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 the councilman shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of councilmen 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 board.

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ê1965 Statutes of Nevada, Page 74 (CHAPTER 48, AB 127)ê

board of councilmen 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 board. The city clerk shall 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 holder of any claim which 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 be not commenced within such period, such claim or amount so rejected, together with the action thereon, shall be forever barred, and the board of councilmen 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 board. In case of final recovery of judgment by the plaintiff in any action against the city, no execution shall issue therefor, but the board must allow the amount of same with costs as taxed by the court.] All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190. The councilmen 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; the board of councilmen 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.

Sec. 5. Section 18 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 33, Statutes of Nevada 1957, at page 42, is hereby amended to read as follows:

Section 18. Claims, Accounts and Demands-Filing Notice of-Warrants, How Issued-Final Statements-Publication of. The city manager shall audit all accounts or claims against the city, but before payment all accounts shall be approved by the board of commissioners, and no money shall be paid for any purpose except upon order executed by the mayor and attested by the city clerk upon order of the board, except as otherwise hereinafter provided, and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the director of finance in books secured for that purpose, and the board of commissioners shall cause to be posted in three public places in the city of Las Vegas once each month, the amount of bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made. Said board of commissioners shall require a statement to be published, or cause to be 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.

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ê1965 Statutes of Nevada, Page 75 (CHAPTER 48, AB 127)ê

published, or cause to be 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.

[No demand or account, arising out of contract, express or implied, shall be heard, considered, audited, approved, allowed or paid unless a written notice thereof, duly authenticated, and in such form and containing such information relative to such demand or account as the board of commissioners shall prescribe, shall have been first presented to and filed with the director of finance within six months from the time the last item of such demand or account shall have become due and payable; nor shall any claim, arising in tort, be heard, considered, audited, approved, allowed or paid unless a written notice thereof, duly authenticated, and in such form and containing such information relative to such claim as the board of commissioners shall prescribe, shall have been first presented to and filed with the city clerk within six months from the time the acts from which said claim arose shall have occurred. No notice of demand, account or claim heretofore or hereafter presented and filed shall be deemed valid so as to authorize the consideration, auditing, approval, allowance or payment of such demand, account or claim unless the provisions of any ordinance relative to and in effect at the time of the presentation and filing of such notice shall have been strictly complied with; provided, such ordinance otherwise conforms with the requirements of this section. Provided, that the board of commissioners shall have the authority to approve in advance the payment of salaries and wages to employees of the city for the next succeeding pay period in an amount certified by the director of finance to be the estimated sums required for such payments based on the current payroll status of persons employed by the city. Warrants for such payroll disbursements shall be drawn by the director of finance, and certified by the city treasurer.] All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.

Sec. 6. Section 20 of chapter II of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1219, is hereby amended to read as follows:

Section 20. 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.

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ê1965 Statutes of Nevada, Page 76 (CHAPTER 48, AB 127)ê

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. 7. Section 20.5 of chapter II of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1220, is hereby amended to 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. 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.]

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ê1965 Statutes of Nevada, Page 77 (CHAPTER 48, AB 127)ê

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.] Claims, Accounts and Demands. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.

Sec. 8. Section 1 of article XVI of the charter of the City of Reno, being chapter 71, Statutes of Nevada 1905, as last amended by chapter 242, Statutes of Nevada 1963, at page 417, is hereby amended to read as follows:

Section 1. The fees, salaries or other compensation of officers or other persons shall be regulated by regularly enacted ordinances as to salaries and by resolution as to compensation for persons not regularly employed by the city. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and duties of the city government and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk. The city council shall act upon all claims filed with the city clerk within 30 days after the date or their filing with the city clerk. The city council shall consider and allow or reject the same, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by a majority of all the members elected to the city council, the city clerk shall certify all such claims or portions allowed as the case may be after the same is signed by the city manager to the city comptroller, 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. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.

Sec. 9. Section 14 of Article 14 of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 347, Statutes of Nevada 1963, at page 707, is hereby amended to read as follows:

Section 14. The fees, salaries, or other compensations of officers or other persons employed by the city shall be regulated in the case of all elective officers of the city by duly enacted ordinances and as to all appointive officers, such as the police chief, chief of the fire department, and director of the department of public works, and any other head of a department, by resolutions duly adopted by the city council. The compensation of all other city employees shall be fixed by motion of the council. All claims for fees, salaries, and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, whenever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal.

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ê1965 Statutes of Nevada, Page 78 (CHAPTER 48, AB 127)ê

with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the council, the city clerk shall certify all such claims or portions allowed, as the case may be. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.

Sec. 10. Section 17 of chapter II of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as amended by chapter 158, Statutes of Nevada 1961, at page 217, is hereby amended to read as follows:

Section 17. Claims and Accounts-Checks, How Issued-Financial Statements, Publication of. The councilman 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 board of councilmen and no money shall be paid for any purpose except upon check executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall draw a check upon the bank for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the bank, the same shall be paid by said bank. [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 or amount so rejected, together with the action thereon, shall be forever barred, and the board of councilmen 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 board. In case of final recovery of judgment by the plaintiff in any action against the city, no execution shall issue therefor, but the board must allow the amount of the same with costs as taxed by the court.] All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190. The councilmen 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 board of councilmen 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.

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ê1965 Statutes of Nevada, Page 79 (CHAPTER 48, AB 127)ê

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.

Sec. 11. Section 42 of the charter of the City of Yerington, being chapter 72, Statutes of Nevada 1907, at page 170, is hereby amended to read as follows:

Section 42. [The holder of any demand or claim mentioned in this charter which has been rejected in whole or in part, may, within six months after date of such rejection, commence an action in any court of competent jurisdiction for the recovery of the claim or amount so rejected, as the case may be, and if not so commenced, such claim or amount so rejected, together with the right of action thereon, shall be forever barred, and the Council shall not have power to allow or pay the same in whole or in part at any time subsequently. The action shall be against the city and the service of summons shall be upon the Mayor, or, in his absence or inability to act as Mayor, upon the Mayor pro tem. In case of a final recovery of judgment by the plaintiff, no execution shall issue therefor, but the Council must allow the amount thereof with costs as taxed, which judgment with such costs, shall be paid in the order of claims against the city as presented; provided, that nothing herein shall be so construed as to make the city liable for any damages suffered or incurred by any person for or by reason of any neglect of the city or any of its officers.] All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.

Sec. 12. NRS 269.090 is hereby repealed.

Sec. 13. No claim against any incorporated city or town which has been filed or upon which action has been brought under any statute in effect prior to the effective date of this act shall abate by reason of this act. Any such claim may be allowed, or any action may be brought upon it, or any action brought may be prosecuted to judgment, in the same manner and within the same limitations of time as heretofore permitted by law.

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ê1965 Statutes of Nevada, Page 80ê

CHAPTER 49, AB 128

Assembly Bill No. 128–Committee on State, County and City Affairs

CHAPTER 49

AN ACT to amend chapter 284 of NRS, relating to the state personnel system, by adding a new section providing for the compulsory retirement of state employees in the classified service at 65 years of age; by permitting the retention of retired employees and initial hiring of persons between 65 and 69 years of age, inclusive, on a year-to-year basis; by allowing persons employed by the state on or before January 1, 1965, to complete the time necessary for retirement; and by making any persons who attain the age of 70 years ineligible for state employment; and providing other matters properly relating thereto.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:

1. On July 1, 1966, any employee in the classified service who has attained the age of 65 years shall be retired from service. Any employee who attains the age of 65 years after July 1, 1966, shall be retired from service on the last day of the calendar month in which he has attained the age of 65 years or the last day of compensation, whichever is later. The appointing authority may rehire employees so retired on a year-to-year basis, subject to the provisions of subsection 4.

2. Any person 65 to 69 years of age, inclusive, may be hired in the classified service on a year-to-year basis.

3. Any person employed by the state on or before January 1, 1965, who would otherwise be retired by the provisions of this section, may remain employed until he has completed the 10-year period necessary to qualify him for retirement benefits under chapter 286 of NRS.

4. Any employee who has attained the age of 70 years on July 1, 1966, and any employee who attains the age of 70 years after July 1, 1966, is not eligible for state employment in the classified service.

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CHAPTER 50, AB 190

Assembly Bill No. 190–Committee on State, County and City Affairs

CHAPTER 50

AN ACT to amend NRS section 361.365, relating to transcripts of proceedings before county boards of equalization, by providing for minutes in ordinary cases and requiring the complainant if a transcript is requested to furnish the reporter, pay for the transcript and send a copy to the county and state boards of equalization.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 361.365 is hereby amended to read as follows:

361.365 1. [Each county board of equalization shall, at the expense of the county, cause to be taken and transcribed a full and complete stenographic report of all its proceedings.

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ê1965 Statutes of Nevada, Page 81 (CHAPTER 50, AB 190)ê

stenographic report of all its proceedings. The original or a full, true and correct copy of such report, duly verified by the person making such stenographic report, together with all exhibits, papers, reports and other documentary evidence submitted to the county board of equalization in all matters of equalization before it, shall be by the clerk of the county board of equalization forwarded to and be filed with the secretary of the state board of equalization on or before the opening day of the February session of the state board of equalization.

2. In the event of an extensive hearing on any particular matter the county board of equalization may prorate the cost of the stenographic transcript of that particular matter between the county and the complainant and make such arrangements as to the furnishing of a copy thereof to the complainant as shall be equitable.] Each county board of equalization shall, at the expense of the county, cause complete minutes to be taken at each hearing. These minutes shall include the title of all exhibits, papers, reports and other documentary evidence submitted to the county board of equalization by the complainant. The clerk of the county board of equalization shall forward such minutes to the secretary of the state board of equalization.

2. If a transcript of any hearing held before the county board of equalization is requested by the complainant, he shall furnish the reporter, pay for the transcript and deliver a copy of the transcript to the clerk of the county board of equalization and the secretary of the state board of equalization at least 2 days before his hearing with the state board of equalization.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 51, SB 56

Senate Bill No. 56–Committee on Finance

CHAPTER 51

AN ACT to amend NRS sections 321.450 and 321.460, relating to the powers of the Colorado River commission and the Eldorado Valley development fund, by allowing the Colorado River commission to pay premiums for industrial insurance for the Eldorado Valley advisory group and authorizing payment of unpaid premiums.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 321.450 is hereby amended to read as follows:

321.450 1. The commission, with the advice of the advisory group, is authorized to undertake such engineering and planning studies and surveys and to take such other action as may be necessary for the development of Eldorado Valley.

2. The commission shall sell and dispose of lands in the Eldorado Valley in accordance with plans and procedures of the commission.

3. The commission, acting for and on behalf of the State of Nevada, may relinquish all rights, powers and privileges it may have to purchase any portion, part or parcel of the lands described in NRS 321.410.

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ê1965 Statutes of Nevada, Page 82 (CHAPTER 51, SB 56)ê

may relinquish all rights, powers and privileges it may have to purchase any portion, part or parcel of the lands described in NRS 321.410. Any such relinquishment shall be made by formal resolution, shall be approved by the attorney general, shall provide that no claims or rights to such lands may be asserted at any time, and shall be forwarded to the Secretary of the Interior.

4. The commission shall provide the members of the Eldorado Valley advisory group with industrial insurance through the Nevada industrial commission.

Sec. 2. NRS 321.460 is hereby amended to read as follows:

321.460 1. There is hereby created in the state treasury, for use of the Colorado River commission of Nevada in carrying out the provisions of NRS 321.390 to 321.470, inclusive, a trust fund to be known as the Eldorado Valley development fund.

2. None of the moneys in such fund shall be used for any purpose other than to acquire the land described in NRS 321.410 and to carry out the provisions of NRS 321.450.

3. Moneys in the Eldorado Valley development fund shall be paid out on claims against such fund as other claims against the state are paid, after such claims have been approved by the commission.

4. The commission shall budget and pay claims for premiums for industrial insurance provided for members of the Eldorado Valley advisory group, including claims for unpaid premiums due and owing to the Nevada industrial commission.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 52, SB 58

Senate Bill No. 58–Senator Whitacre

CHAPTER 52

AN ACT to amend an act entitled “An Act to incorporate the Town of Yerington, in Lyon County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 14, 1907, as amended.

[Approved February 19, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Section 9 of the above-entitled act, being chapter 72, Statutes of Nevada 1907, as last amended by chapter 268, Statutes of Nevada 1955, at page 433, is hereby amended to read as follows:

Section 9. The mayor shall receive such salary as the council shall prescribe by ordinance, not exceeding the sum of [nine hundred dollars] $2,400 per annum; provided, that when such salary is fixed, the same shall not be changed so as to increase the same oftener than once every two years.

Sec. 2. Section 13 of the above-entitled act, being chapter 72, Statutes of Nevada 1907, as last amended by chapter 268, Statutes of Nevada 1955, at page 433, is hereby amended to read as follows:

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ê1965 Statutes of Nevada, Page 83 (CHAPTER 52, SB 58)ê

Section 13. A majority of all the members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and, with the approval of the mayor, compel the attendance of the absent members. The council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions and all proceedings must be public. The councilmen shall receive only such salary as may be prescribed by ordinance, not exceeding [four hundred eighty dollars] $1,500 per annum; provided, that such salary when fixed shall not be changed so as to increase the same oftener than once every two years.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 53, AB 67

Assembly Bill No. 67–Committee on Judiciary

CHAPTER 53

AN ACT to amend NRS section 325.070, relating to municipalities located on public lands, by limiting the charges for purchase of land and counsel fees; and providing other matters properly relating thereto.

[Approved February 22, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 325.070 is hereby amended to read as follows:

325.070 1. After the issuance of the patent for such lands, the corporate authorities or the judge of the district court to whom the patent has been issued shall make out, execute and deliver to each person, company, corporation or association who may be legally entitled to the same a deed in fee simple for such part or parts, or lot or lots, of land on payment of:

(a) His or its proper and due proportion of the purchase money for such land [; and

(b) His] , together with his or its proportion of such sums as may be necessary to pay for streets, alleys, squares and public grounds, [not to] which shall not exceed 50 cents for each lot; and

[(c)] (b) Such further sums as shall be a reasonable compensation for:

(1) Executing and acknowledging such deed, not exceeding the sum of $3 for the first lot and $1 for each additional lot claimed by the same owner.

(2) [Moneys] Counsel fees and moneys expended in the acquisition of the title and the administration of the trust, including reasonable charges for time and services while employed in such trust, not exceeding the sum of $1 for each lot.

[(3) Counsel fees, but no]

No estimate shall be made for counsel fees unless the same shall have been actually and necessarily expended.

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ê1965 Statutes of Nevada, Page 84 (CHAPTER 53, AB 67)ê

2. The charges specified in subsection 1 shall be full payment for all expenses attending the execution except for revenue stamps.

3. Deeds made under the provisions of this chapter for the benefit of minors and insane persons shall be to the guardian or trustee of such minor or insane person, as the case may be, in trust for such minor or insane person.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 54, AB 97

Assembly Bill No. 97–Mr. Bailey, Mrs. Frazzini, Messrs. Harris, Kean, Swobe and Wood

CHAPTER 54

AN ACT to authorize the city council of the City of Reno, Nevada, to order the transfer of certain bond redemption funds to the Reno general fund, and require the city treasurer to make the transfers when ordered to do so by the city council.

[Approved February 22, 1965]

Whereas, The City of Reno, a municipal corporation located in Washoe County, Nevada, has improved and constructed certain streets, alleys, sanitary and storm drains, sewers and similar public improvements and has paid for the construction and improvements by issuing improvement bonds; and

Whereas, For the purpose of paying the principal and interest on the bonds there were created the 1948 Street and Alley Bond Redemption Fund, the 1949 Sanitary and Storm Drain Bond Redemption Fund, the 1950 Street and Alley Bond Redemption Fund, the 1950 Sanitary Sewer Improvement Bond Redemption Fund, the 1951-B Street and Alley Improvement Bond Redemption Fund, the 1951 Sanitary Sewer Improvement District No. 1 Bond Redemption Fund, the 1951 Special Improvement District Bond Redemption Fund, the 1952 Improvement District No. 1 Bond Redemption Fund and the 1953 Street and Alley Improvement District Bond Redemption Fund; and

Whereas, The principal and interest have been paid on all the bonds for which the redemption funds were created, and there remains a total of $3,477.55 in the funds; now, therefore,

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The city council of the City of Reno is hereby authorized to order the transfer of the $3,477.55 in the redemption funds mentioned in the preamble hereto, to the City of Reno general fund, and the treasurer of Washoe County, ex officio city treasurer of the City of Reno, shall make the transfers when ordered to do so by the city council.

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ê1965 Statutes of Nevada, Page 85 (CHAPTER 54, AB 97)ê

and the treasurer of Washoe County, ex officio city treasurer of the City of Reno, shall make the transfers when ordered to do so by the city council.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 55, AB 154

Assembly Bill No. 154–Committee on State Institutions and Libraries

CHAPTER 55

AN ACT authorizing and directing the state land register to convey to the buildings and grounds division of the department of administration certain real property owned by the State of Nevada.

[Approved February 22, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The state land register is hereby authorized and directed to convey to the buildings and grounds division of the department of administration, State of Nevada, in fee simple, without consideration therefor, for a state building complex, that property owned by the State of Nevada and situated in the county of Clark, State of Nevada, further described as:

The W 1/2 of the SE 1/4 of the SE 1/4 of the SW 1/4, the NE 1/4 of the SE 1/4 of the SW 1/4, and the N 1/2 of the NW 1/4 of the SE 1/4 of the SW 1/4, of Section 1, T. 21 S., R. 61 E., M.D.B. & M. Such parcel contains an area of 20 acres more or less.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 56, AB 216

Assembly Bill No. 216–Committee on State, County and City Affairs

CHAPTER 56

AN ACT to amend NRS section 433.210, relating to expenses of commitment proceedings to the Nevada state hospital, by providing that commitment proceedings of resident indigents shall be paid by the county of residence; to amend NRS sections 433.550 and 433.560, relating to the discharge of patients, by providing that resident indigent patients shall be discharged to the county of residence; and providing other matters properly relating thereto.

[Approved February 22, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 433.210 is hereby amended to read as follows:

433.210 1. The expenses of the entire proceedings as determined by the district judge shall be paid out of county funds, or shall be paid by financially able relatives [.]

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ê1965 Statutes of Nevada, Page 86 (CHAPTER 56, AB 216)ê

by the district judge shall be paid out of county funds, or shall be paid by financially able relatives [.] , or as provided in subsection 4.

2. Examining physicians shall be paid a reasonable sum for their services, the amount to be determined by the district judge and to be paid as he shall order, but not to exceed $15 for a half day or $25 for a whole day.

3. The official reporter shall be compensated as ordered by the district judge, the fees to be paid as prescribed by law.

4. Where the person to be committed last resided in another county of the state, the entire expenses of the proceedings shall be charged to and payable by such county of residence.

Sec. 2. NRS 433.550 is hereby amended to read as follows:

433.550 1. At any time the superintendent may discharge any patient who in his opinion has recovered from his mental illness, or is a dotard and not mentally ill, or who is a person who in the judgment of the superintendent will not be detrimental to the public welfare or injurious to himself.

2. No committed indigent patient shall be discharged except upon 10 days’ written notice being first given to the county clerk of the county : [from which such patient was committed.]

(a) In which such patient last resided prior to commitment, if he was a resident of this state; or

(b) From which such patient was committed, if he was a nonresident.

3. An indigent [person] resident of this state discharged as having recovered from his mental illness, but having a residual medical or surgical disability which prevents him from obtaining or holding remunerative employment, shall be returned to the county [from which he was committed.] of his last residence. A nonresident indigent with such disabilities shall be returned to the county from which he was committed. The superintendent shall first give notice in writing, not less than 10 days prior to discharge, to the board of county commissioners of the county [.] to which such person will be returned.

4. Delivery of the discharged person shall be made to an individual or agency designated by the board of county commissioners or county welfare department [.

4.] of such county.

5. Nothing contained in this section shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.

[5.] 6. The superintendent shall not discharge a patient known to have exhibited physical violence toward persons or property immediately prior to commitment and who was committed subject to further order of the court, without first giving notice in writing, not less than 10 days prior to discharge, to the court or judge who ordered such patient committed.

Sec. 3. NRS 433.560 is hereby amended to read as follows:

433.560 An indigent patient discharged by the superintendent because he is a dotard, and not mentally ill, shall be received by the authorities of the county having charge of the poor in the county where such patient last resided, or, in the case of nonresidents of the state, in the county from which he was committed, and the cost of returning him to the county shall be a charge upon that county.

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ê1965 Statutes of Nevada, Page 87 (CHAPTER 56, AB 216)ê

such patient last resided, or, in the case of nonresidents of the state, in the county from which he was committed, and the cost of returning him to the county shall be a charge upon that county.

Sec. 4. This act shall become effective upon passage and approval.

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CHAPTER 57, SB 24

Senate Bill No. 24–Senator Whitacre

CHAPTER 57

AN ACT to amend NRS section 539.636, relating to the levy and collection of ad valorem taxes to secure bonds of irrigation districts, by deleting certain limiting language.

[Approved February 22, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 539.636 is hereby amended to read as follows:

539.636 In addition to the other means of providing revenue for districts as provided in this chapter, the board of directors shall have power and authority [with respect to bonds issued after April 26, 1963, and prior to March 1, 1965, and] under certain circumstances as set forth in NRS 539.636 to 539.6366, inclusive, or as may be otherwise provided by law, to levy and collect general (ad valorem) taxes on and against all taxable property within the district for the purpose of additionally securing the payment of any bonds issued under the provisions of this chapter. [after April 26, 1963, and prior to March 1, 1965.]

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 88ê

CHAPTER 58, SB 25

Senate Bill No. 25–Senator Whitacre

CHAPTER 58

AN ACT to amend an act entitled “An Act authorizing the Walker River Irrigation District, with the consent of the California-Nevada interstate compact commission of the State of Nevada, to issue its bonds in an aggregate principal amount not exceeding $957,000, to improve the District’s irrigation works by the construction and other acquisition of a dam and reservoir at Hoye Canyon on the West Walker River, and of other works appurtenant or incidental thereto; otherwise relating to such bonds and to the levy and collection of annual assessments and general taxes for their payment; specifying powers, duties, rights, privileges, liabilities and limitations, and prescribing other details in connection therewith; making provisions pertaining thereto and relating to finances, loans, bonds and other obligations, special assessments, and general taxes; ratifying proceedings and actions previously taken; and providing other matters properly relating thereto,” approved April 26, 1963.

[Approved February 22, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Section 3 of the above-entitled act, being chapter 400, Statutes of Nevada 1963, at page 998, is hereby amended to read as follows:

Section 3. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the board 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 board, below par at a discount not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest cost to the District of more than 6 percent per annum computed to maturity according to standard tables of bond values to the extent the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the Project.

3. 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.

4. The board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

5. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the District from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, apportioning benefits, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the Project, the taking of options, the issuance of bonds and other securities, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any construction or other reasonable period, and of a reserve fund to secure additionally the payment of the interest on and principal of the bonds, the filing or recordation of instruments, the levy and collection of assessments and any installments thereof, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the board.

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ê1965 Statutes of Nevada, Page 89 (CHAPTER 58, SB 25)ê

preliminaries, the costs of appraising, apportioning benefits, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the Project, the taking of options, the issuance of bonds and other securities, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any construction or other reasonable period, and of a reserve fund to secure additionally the payment of the interest on and principal of the bonds, the filing or recordation of instruments, the levy and collection of assessments and any installments thereof, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the board.

6. Any unexpended balance of such bond proceeds remaining after the completion of the Project 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.

7. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the acquisition of the Project.

8. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the District or any of its officers, agents and employees.

9. No bonds hereby authorized shall be delivered after [the expiration of 5 years from the effective date of this act.] May 1, 1969.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 59, SB 71

Senate Bill No. 71–Senators Brown, Dodge, Lamb and McGowan

CHAPTER 59

AN ACT to amend NRS section 286.220, relating to the public employees’ retirement fund, by declaring the policy of the legislature that such fund is a trust fund.

[Approved February 22, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 286.220 is hereby amended to read as follows:

286.220 1. The board shall establish a fund which shall be known as the public employees’ retirement fund and in which all funds received as employer and employee retirement contributions shall be deposited.

2. It is hereby declared to be the policy of the legislature that the public employees’ retirement fund is a trust fund established to afford a degree of security to long-time public employees of the state and its political subdivisions. The moneys in the fund shall not be used or appropriated for any purpose incompatible with securing to such public employees a secure and just retirement and the fund shall be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.

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ê1965 Statutes of Nevada, Page 90 (CHAPTER 59, SB 71)ê

appropriated for any purpose incompatible with securing to such public employees a secure and just retirement and the fund shall be invested and administered to assure the highest return consistent with safety in accordance with accepted investment practices.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 60, SB 36

Senate Bill No. 36–Committee on Aviation, Transportation and Highways

CHAPTER 60

AN ACT to amend NRS sections 481.067 and 481.071, relating to divisions of the department of motor vehicles and their responsibilities, by removing reference to auditing from the fiscal and accounting division.

[Approved February 23, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 481.067 is hereby amended to read as follows:

481.067 The department shall consist of:

1. The motor vehicle registration division.

2. The motor carrier division.

3. The drivers’ license division.

4. The Nevada highway patrol division.

5. The fiscal [,] and accounting [and auditing] division.

6. The automation division.

7. Such other divisions as the director may in his discretion from time to time establish.

Sec. 2. NRS 481.071 is hereby amended to read as follows:

481.071 The primary functions and responsibilities of the various divisions of the department shall be as follows:

1. The motor vehicle registration division shall execute, administer and enforce the provisions of chapter 482 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 482 of NRS and the provisions of any other laws.

2. The motor carrier division shall execute, administer and enforce the laws relative to the licensing of motor vehicle carriers and the use of public highways by such carriers as contained in chapter 706 of NRS, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 706 of NRS and the provisions of any other laws and shall, on and after July 1, 1959, execute, administer and enforce the provisions of chapter 366 of NRS, relating to imposition and collection of taxes on special fuels used for motor vehicles, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 366 of NRS and the provisions of any other laws.

3. The drivers’ license division shall execute, administer and enforce the provisions of chapter 483 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

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ê1965 Statutes of Nevada, Page 91 (CHAPTER 60, SB 36)ê

duties and exercise such powers as may be conferred upon it pursuant to chapter 483 of NRS and the provisions of any other laws.

4. The Nevada highway patrol division shall execute, administer and enforce the provisions of chapter 484 of NRS and shall perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 481.180 and the provisions of any other laws.

5. The fiscal [,] and accounting [and auditing] division shall furnish fiscal [,] and accounting [and auditing] services to the director and the various divisions and shall advise and assist the director and the various divisions in carrying out their functions and responsibilities.

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CHAPTER 61, SB 50

Senate Bill No. 50–Committee on Judiciary

CHAPTER 61

AN ACT to repeal NRS section 1.160, relating to the use of the district court clerk’s private seal for district court business.

[Approved February 23, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 1.160 is hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 62, SB 59

Senate Bill No. 59–Senator Dial

CHAPTER 62

AN ACT to amend chapter 616 of NRS, relating to industrial insurance, by adding new sections allowing coverage of rehabilitation trainees receiving evaluation or training in a rehabilitation facility operated by the division of vocational rehabilitation of the state department of education in the State of Nevada, based on a wage of $200 per month; and providing other matters properly relating thereto.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 1. In case of injury, coverage by industrial insurance shall be provided for rehabilitation trainees while enrolled in a rehabilitation facility operated by the division of vocational rehabilitation of the state department of education, related to evaluation, treatment, training, surgical apparatuses or medications.

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ê1965 Statutes of Nevada, Page 92 (CHAPTER 62, SB 59)ê

2. The executive officer of the state board for vocational education shall make payments to the Nevada industrial commission on all trainees enrolled in a rehabilitation facility operated by the division of vocational rehabilitation of the state department of education in the State of Nevada at the rate set by the Nevada industrial commission based on a wage of $200 per month per trainee.

3. Payments shall be made from the special maintenance fund for the vocational rehabilitation of disabled persons.

Sec. 3. Trainees in a rehabilitation facility operated by the division of vocational rehabilitation of the state department of education, while engaged in an evaluation or training program and while acting under the direction or authorization of the state board for vocational education in any county, city or town, shall be deemed, for the purpose of this chapter, employees of the state board for vocational education receiving a wage of $200 per month, and shall be entitled to the benefits of this chapter upon compliance by the state board for vocational education with the provisions of this chapter.

Sec. 4. This act shall become effective upon passage and approval.

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CHAPTER 63, AB 15

Assembly Bill No. 15–Committee on Education

CHAPTER 63

AN ACT to amend NRS section 387.200, relating to computation of taxes for state aid to public schools, by deleting special provisions governing the period from July 1, 1959, to June 30, 1960.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 387.200 is hereby amended to read as follows:

387.200 1. Not later than July 1, 1959, and not later than July 1 of each year thereafter, the Nevada tax commission shall:

(a) Determine for each county each year the average ratio, expressed as a percentage, of assessed valuation of property to a true valuation of property by means of a sampling of the assessment practices or other proper method.

(b) Publish and certify to the superintendent of public instruction the average ratio of assessed valuation to true valuation of property in each county and the state.

2. In computing the proceeds of a 70-cent mandatory uniform county school district tax after July 1, 1960, and after July 1 of each year thereafter, the superintendent of public instruction shall, by using the average ratio of assessed valuation to true valuation of property in each county and the state as published and certified to him by the Nevada tax commission on or before July 1, 1959, and as published and certified to him each year thereafter:

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ê1965 Statutes of Nevada, Page 93 (CHAPTER 63, AB 15)ê

(a) Divide the total assessed valuation of property of each county by the assessment ratio for that county.

(b) Multiply the quotient obtained in paragraph (a) by the state average ratio of assessed valuation to true valuation of property to obtain an adjusted assessed valuation for each county.

(c) Multiply the adjusted assessed valuation of property of each county by the 70-cent per $100 assessed valuation mandatory county school levy.

The product thus obtained is the adjusted yield of the 70-cent tax levy in each county and shall be used when computing state aid as provided in NRS 387.125.

[3. Notwithstanding the provisions of subsections 1 and 2 or any other law, the average ratio of assessed valuation to true valuation of property in each county and the state, as published and certified to the superintendent of public instruction by the Nevada tax commission on or before July 1, 1959, shall not be used by the superintendent of public instruction in computing state aid as provided in NRS 387.125 for the period commencing July 1, 1959, and ending June 30, 1960, but for that period apportionment of the state distributive school fund shall be made as provided in NRS 387.125 except that the availability of local funds shall be determined to be the sum of the proceeds of the 70-cent local tax (levied in accordance with the provisions of NRS 387.195 or 387.250 without computation as provided in subsections 1 and 2 of this section) and that proportion of all moneys received by the school district as provided in subparagraph (2) of paragraph (b) of subsection 2 of NRS 387.125.]

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 64, AB 54

Assembly Bill No. 54–Committee on Ways and Means

CHAPTER 64

AN ACT to amend NRS section 396.7952, relating to powers of the board of regents of the University of Nevada, by substituting the term “fiscal analyst” for the term “legislative auditor.”

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 396.7952 is hereby amended to read as follows:

396.7952 To further the development of the research activities of the university the board of regents of the University of Nevada, on behalf of the desert research institute, is empowered:

1. To enter into contracts with governmental or private agencies or individuals who wish to use the services or facilities of the desert research institute.

2. To receive and hold, by gift, bequest, devise, grant, purchase or otherwise, any real or personal property, including patents, copyrights, royalties and contracts from individuals or corporations.

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ê1965 Statutes of Nevada, Page 94 (CHAPTER 64, AB 54)ê

3. To manage, invest, use and dispose of any property so received, either as specified by the donor or for the furtherance of the objectives of the desert research institute.

4. To receive, invest, disburse and account for all funds acquired pursuant to subsection 2 or through contractual or sponsored arrangements with governmental or private agencies or individuals, subject only to annual audit by the [legislative auditor.] fiscal analyst.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 65, AB 78

Assembly Bill No. 78–Committee on Education

CHAPTER 65

AN ACT to amend NRS section 396.385, relating to the University of Nevada’s mechanical facsimile signature device, by providing that the key to the device and not the device itself, be kept in a vault; and to amend NRS section 396.230, relating to the duties of the president, by abolishing his duty to instruct.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 396.385 is hereby amended to read as follows:

396.385 The board of regents of the University of Nevada may authorize the chief business officer of the university to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise, subject to the following conditions:

1. That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.

2. That use of the facsimile signature shall be made only under the direction and supervision of the chief business officer.

3. [That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.] That the registered key to the mechanical device shall at all times be kept in a vault.

Sec. 2. NRS 396.230 is hereby amended to read as follows:

396.230 1. The board of regents shall have the power to prescribe the duties of the president of the university.

2. [The president shall instruct in the university.

3.] The president shall, under the direction of the board of regents:

(a) Manage all matters connected with the university.

(b) Employ the academic staff.

(c) Purchase supplies and make monthly statements, supported by vouchers, to the board of regents of all receipts and expenditures.

Sec. 3. This act shall become effective upon passage and approval.

________

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ê1965 Statutes of Nevada, Page 95ê

CHAPTER 66, AB 79

Assembly Bill No. 79–Committee on Education

CHAPTER 66

AN ACT to repeal NRS section 387.025, which requires the state controller to report quarterly to the state board of education concerning securities belonging to the state permanent school fund.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 387.025 is hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 67, AB 161

Assembly Bill No. 161–Washoe County Delegation

CHAPTER 67

AN ACT to amend the title of and to amend an act entitled “An Act relating to the City of Reno, Nevada, authorizing and empowering the city to improve, extend and better the municipal sewer system by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances; providing for the payment of the cost thereof by the issuance of bonds; specifying powers, privileges, rights, liabilities and duties of the city and its inhabitants and of other public and private bodies in connection therewith; validating, ratifying, approving and confirming all acts and proceedings heretofore had and taken insofar as the same may be consistent herewith; and providing other matters properly relating thereto,” approved April 4, 1963.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Section 2 of the above-entitled act, being chapter 227, Statutes of Nevada 1963, at page 374, is hereby amended to read as follows:

Section 2. The city council of the City of Reno, in the county of Washoe and State of Nevada (herein sometimes designated as the “council”), in addition to, and not in limitation of, powers elsewhere conferred upon the council, is hereby authorized and empowered, without the necessity of an election, hearing, referendum or other or further preliminaries not expressly prescribed herein:

1. To improve, extend and better the municipal storm and sanitary sewer system (hereafter sometimes merely referred to as the “system”) by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances, and other necessary storm and sanitary sewage facilities, located wholly within or wholly without, or partially within and partially without, the corporate limits of the City of Reno or of any other city, town, unincorporated town, municipality, other quasi-municipal district, any other political subdivision of the State of Nevada or unincorporated area which is located within the county of Washoe.

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ê1965 Statutes of Nevada, Page 96 (CHAPTER 67, AB 161)ê

political subdivision of the State of Nevada or unincorporated area which is located within the county of Washoe. The term “other necessary storm and sanitary sewage facilities” means any one or more of the various devices used in the collection, treatment or disposition of sewage or industrial wastes of a liquid nature, or storm, flood, or surface drainage waters, including all inlets, collection, drainage or disposal lines, intercepting sewers, joint storm and sanitary sewers, outfall sewers, pumping, power and other equipment and appurtenances, and any real property necessary for such purposes, and any and all rights or interests in such necessary storm and sanitary sewage facilities.

2. To defray, wholly or in part, the cost thereof by the issuance of the city’s negotiable coupon bonds in the aggregate principal amount of not exceeding [$7,500,000,] $7,500,000.00, or no much thereof as may be necessary for such purpose, which bonds may consist of one or more, or any combination, of the following types of municipal obligations:

(a) General obligation bonds;

(b) General obligation bonds the payment of which is additionally secured by a pledge of all or any part of the revenues derived from the operation of the system; and

provided, however, that the council may, at its option, determine, as hereafter provided, that any or all of the foregoing bonds shall be further secured by a specific pledge of all or any part of any other revenues of the city available therefor.

3. To acquire by purchase, installment purchase, construction, reconstruction, lease, option to purchase, lease with option to purchase, grant, endowment, bequest, devise, installation, condemnation, contract, or in any other manner (or any combination thereof) any property, real, personal, mixed or otherwise, to be used in connection with the sewage treatment plant, or part thereof, or in any way appertaining to the municipal sewer system, and to hold the same in joint, several or sole ownership.

4. To enter into joint acquisition, improvement, operation, service or disposal contracts, agreements or other arrangements, for any term mutually agreed upon, or to exercise jointly any other power granted herein, with the State of Nevada, or any agency, instrumentality or corporation thereof, or any county, municipality or other city, town, unincorporated town, other quasi-municipal district or any other political subdivision of the state.

5. To enter into contracts, agreements or other arrangements with any person, association, corporation or other entity owning or operating any system for supplying water to the city or any part thereof or to any of its inhabitants (hereafter sometimes referred to as the “water company”) wherein the water company agrees, after notice from any city official expressly authorized by the council to give such notice and for a reasonable compensation, to deny its services rendered in connection with such water system to any property to which unpaid sewer service charges appertain.

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ê1965 Statutes of Nevada, Page 97 (CHAPTER 67, AB 161)ê

for a reasonable compensation, to deny its services rendered in connection with such water system to any property to which unpaid sewer service charges appertain.

6. To fix and collect rents, rates, fees, tolls and other charges (in this act sometimes referred to as “service charges”) for direct or indirect connection with, or the use or services of, the municipal sewer system, including, without limiting the generality of the foregoing, minimum charges and charges for the availability of service. Such service charges may be charged to and collected in advance or otherwise by the city from any person, association, corporation or other entity contracting for such connection or use or services or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been or will be connected with the sewer system or from or on which originates or has originated sewage or other wastes which directly or indirectly have entered or may enter the municipal sewer system, and the owner (or occupant) of any such real property shall be liable for and shall pay such service charges to the city at the time when and place where such service charges are due and payable. Such rents, rates, fees, tolls and other charges, being in the nature of use or service charges, shall, as nearly as the council shall deem practicable and equitable, be reasonable, and shall be uniform throughout the city for the same type, class and amount of use or service of the municipal sewer system, and may be based or computed either on measurements of sewage flow devices duly provided and maintained by the city or any user as approved by the city and analyses of sewage samples procured and made by or in a manner approved by the city; or on the consumption of water in or on or in connection with property, making due allowance for commercial use of water and infiltration of ground water and discharge of surface runoff to the sewer system, or on the number and kind of water outlets on or in connection with the property, or on the number and kind of plumbing or sewage fixtures or facilities in or on or in connection with the property, or on the number of persons residing or working in or on or otherwise connected or identified with the property, or on the capacity of the improvements in or on or connected with the property, or upon the availability of service or readiness to serve by the sewer system, or on any other factors determining the type, class and amount of use or service of the sewer system, or on any combination of any such factors, and may give weight to the characteristics of the sewage and other wastes and any other special matter affecting the cost of treatment and disposal thereof, including chlorine demand, biochemical oxygen demand, concentration of solids and chemical composition. Reasonable penalties may be fixed for any delinquencies, including, without limiting the generality of the foregoing, interest on delinquent service charges from any date due at a rate of not exceeding 1 percent per month (or fraction thereof), reasonable attorneys’ fees and other costs of collection.

7. To apply the proceeds of such rents, rates, fees, tolls and other charges or any other funds that may be in the treasury of the city and available for that purpose to the payment of the general obligation bonds herein authorized in such a manner that the general (ad valorem) tax levy or levies made to discharge such bonds may thereupon to that extent be diminished or to the payment of the revenue bonds herein authorized, as the council may determine.

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ê1965 Statutes of Nevada, Page 98 (CHAPTER 67, AB 161)ê

and available for that purpose to the payment of the general obligation bonds herein authorized in such a manner that the general (ad valorem) tax levy or levies made to discharge such bonds may thereupon to that extent be diminished or to the payment of the revenue bonds herein authorized, as the council may determine.

Sec. 2. The title of the above-entitled act, being chapter 227, Statutes of Nevada 1963, at page 373, is hereby amended to read as follows:

AN ACT relating to the City of Reno, Nevada, authorizing and empowering the city to improve, extend and better the municipal storm and sanitary sewer system by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances [;] , and other necessary storm and sanitary sewage facilities; providing for the payment of the cost thereof by the issuance of bonds; specifying powers, privileges, rights, liabilities and duties of the city and its inhabitants and of other public and private bodies in connection therewith; validating, ratifying, approving and confirming all acts and proceedings heretofore had and taken insofar as the same may be consistent herewith; and providing other matters properly relating thereto.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 68, AB 170

Assembly Bill No. 170–Committee on State, County and City Affairs

CHAPTER 68

AN ACT to amend NRS section 472.030, relating to the state board of forestry and fire control, by providing that one member shall represent the fire services and reducing the number representing the public at large to one; providing that the board shall represent the interests of the state in matters of watershed resources on federal land; and providing other matters properly relating thereto.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 472.030 is hereby amended to read as follows:

472.030 1. The state board of forestry and fire control is hereby created. The board shall consist of seven members appointed by the governor. The governor shall make his appointments as follows:

(a) One member from the Nevada Woolgrowers Association;

(b) One member from the Nevada State Cattlemen’s Association;

(d) One member who shall be an active participant in outdoor activities connected with fish and wildlife;

(e) One member who shall be a representative of the lumber and forest products industry; and

(f) [Two members who shall be representatives of the public at large.]

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ê1965 Statutes of Nevada, Page 99 (CHAPTER 68, AB 170)ê

large.] One member who shall be a representative of the public at large.

(g) One member who shall be a representative of the fire services.

2. Immediately following July 1, 1955, the governor shall appoint:

(a) One member from the Nevada Woolgrowers Association and one member from the Nevada State Cattlemen’s Association for terms of 2 years.

(b) One member who shall be a representative of the agricultural industry for a term of 3 years.

(c) One member who shall be a representative of the lumber and forest products industry and one member who shall be a representative of the public at large for terms of 4 years.

Thereafter, appointments shall be for terms of 4 years.

3. Immediately following July 1, 1959, and every fourth year thereafter, the governor shall appoint one member who shall be an active participant in outdoor activities connected with fish and wildlife and one member who shall be a representative of the public at large for terms of 4 years.

4. Upon the first expiration of the term of a member representing the public at large, the governor shall appoint one member who shall be a representative of the fire services for a term of 4 years; and if a vacancy sooner occurs as to either of the public representatives, he shall appoint a representative of the fire services to fill the vacancy.

5. A vacancy shall be filled by the governor for the unexpired term.

[5.] 6. The board shall select a chairman from among its members to serve for 1 year. The state forester firewarden shall serve as the secretary of the board.

[6.] 7. The board shall meet twice yearly, once in the spring and once in the fall of the year, the date to be fixed by the secretary at any convenient place in the state, and may meet at other times upon call by the secretary.

[7.] 8. The members of the board shall receive no compensation for their services, but shall be entitled to mileage and per diem expenses the same as other state officers.

[8.] 9. The duties of the board shall be:

(a) To represent the interests of the State of Nevada in federal land matters pertaining to watershed resources, forestry and fire control; and

(b) To protect the interests of the State of Nevada in forest and watershed resources on state and private lands.

[9.] 10. The board shall assist the director of the state department of conservation and natural resources to determine, establish and maintain an adequate policy of forest and watershed protection. The general policies for the guidance of the state forester firewarden shall be determined and designated by the director of the state department of conservation and natural resources after consultation with the board.

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ê1965 Statutes of Nevada, Page 100ê

CHAPTER 69, AB 196

Assembly Bill No. 196–Committee on Education

CHAPTER 69

AN ACT to amend NRS sections 392.010 and 392.350, relating to the admission to public schools of pupils from an adjoining state or district and to the payment of tuition, transportation and subsistence costs, by requiring that the receiving school district adjoin the district of residence in all cases, providing for fixing of tuition, transportation and subsistence costs by agreement; and providing other matters properly relating thereto.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 392.010 is hereby amended to read as follows:

392.010 1. The board of trustees of any school district may, with the approval of the state department of education:

(a) Admit to the school or schools of the school district any pupil or pupils living in [an adjoining state or in] an adjoining school district within this state [;] or in an adjoining state when the school district of residence in the adjoining state adjoins the receiving Nevada school district; or

(b) Pay tuition for pupils residing in the school district but who attend school [in an adjoining state or] in an adjoining school district within this state [.

2. An] or in an adjoining state when the receiving district in the adjoining state adjoins the school district of Nevada residence.

2. With the approval of the state department of education an agreement shall be entered into between the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school, providing for the payment of such tuition as may be agreed upon, but [:

(a) The amount of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil of the school district where such pupil or pupils reside; and

(b) Transportation] transportation costs shall be paid by the board of trustees of the school district in which the pupil or pupils reside:

[(1)] (a) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and

[(2)] (b) If any are incurred in transporting a pupil or pupils to an adjoining state, subject to the provisions of NRS 392.350.

3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the cost of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.

Sec. 2. NRS 392.350 is hereby amended to read as follows:

392.350 1. When the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed $3 per school attendance day to assist the parents or guardian in defraying the cost of board, lodging and subsistence of the pupil in a city or town, having a public school, in this state or in an adjoining state.

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ê1965 Statutes of Nevada, Page 101 (CHAPTER 69, AB 196)ê

of money not to exceed $3 per school attendance day to assist the parents or guardian in defraying the cost of board, lodging and subsistence of the pupil in a city or town, having a public school, in this state or in an adjoining state. If such public school is in an adjoining county, or in an adjoining state, costs for tuition and transportation or for tuition and subsistence [shall not exceed the per pupil costs for tuition and transportation or tuition and subsistence to the nearest public school in Nevada.] may be fixed by agreement between the boards of trustees of the school district in which the pupil resides and the school district in which the pupil attends school.

2. Payment of money in lieu of furnishing transportation may be made only if:

(a) The guardian or parents have been residents in the area for a period of time set by the board of trustees; and

(b) The state department of education approves.

Sec. 3. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 102ê

CHAPTER 70, AB 258

Assembly Bill No. 258–Messrs. Knisley, Howard, Jacobsen, Delaney and Pozzi

CHAPTER 70

AN ACT to amend chapter 407 of NRS, relating to state parks and monuments, by adding new sections providing that the state department of conservation and natural resources shall represent all other agencies and political subdivisions of the state in obtaining federal aid for outdoor recreation and requiring the department to determine the availability of funds to meet the state or local share of project costs; and to amend an act entitled “An Act relating to the development of state parks and outdoor recreation; to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section requiring the state department of conservation and natural resources to prepare and maintain a comprehensive statewide outdoor recreation plan and authorizing the department to represent and act for the state in dealing with the Federal Government for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects; authorizing the department, with the consent of the governor, to acquire by purchase, condemnation proceedings and other methods real and personal property and title to or interests in real and personal property in certain described areas of Washoe and Ormsby Counties, Nevada, and in other counties of the state, which the department deems necessary and proper for the extension, improvement or development of the state park system; providing for certain conditions precedent to acquisition and to the commencement of condemnation proceedings and imposing duties on the director of the state department of conservation and natural resources; creating the state parks and outdoor recreation acquisition and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled ‘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; and providing other matters properly relating thereto,” approved February 5, 1964.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 407 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. The state department of conservation and natural resources may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation. In connection with obtaining the benefits of any such program, the department shall coordinate its activities with and represent the interests of all agencies and political subdivisions of the state having interests in the planning, development and maintenance of outdoor recreation resources and facilities.

Sec. 3. The state department of conservation and natural resources shall make no commitment, nor shall it enter into any agreement, pursuant to an exercise of authority under this act until it has determined that sufficient funds are available to it for meeting the state’s share, if any, of project costs.

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ê1965 Statutes of Nevada, Page 103 (CHAPTER 70, AB 258)ê

shall make no commitment, nor shall it enter into any agreement, pursuant to an exercise of authority under this act until it has determined that sufficient funds are available to it for meeting the state’s share, if any, of project costs. It is the legislative intent that, to such extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under authority of sections 2 and 3 of this act and section 1 of chapter 11, Statutes of Nevada 1964, such areas and facilities shall be publicly maintained for outdoor recreation purposes. The department may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal aid funds on behalf of any political subdivision or subdivisions of this state if such subdivision or subdivisions give necessary assurances to the department that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of such subdivision or subdivisions for public outdoor recreation use.

Sec. 4. Section 1 of an act relating to the development of state parks and outdoor recreation, being chapter 11, Statutes of Nevada 1964, at page 25, is hereby amended to read as follows:

Section 1. Chapter 407 of NRS is hereby amended by adding thereto a new section which shall read as follows:

1. The state department of conservation and natural resources shall prepare and maintain a comprehensive statewide outdoor recreation plan, which plan shall contain:

(a) An evaluation of the demand for and supply of outdoor recreation resources and facilities in the state;

(b) A program for the implementation of the plan; and

(c) Other necessary information, as may be determined by the director of the state department of conservation and natural resources.

2. The plan shall:

(a) Take into account relevant federal resources and programs; and

(b) Be correlated so far as practicable with other state, regional and local plans.

3. The state department of conservation and natural resources is vested with authority to represent and act for the state in dealing with the Federal Government or any of its agencies, instrumentalities or officers for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects or combinations thereof pursuant to the provisions of federal law.

4. The director of the state department of conservation and natural resources has the authority to accept, [and to] administer and disburse to other state agencies and political subdivisions funds paid by the Federal Government to the State of Nevada as financial assistance for planning, acquisition or development of outdoor recreation projects or combinations thereof, and he shall, on behalf of the state, keep such records as the Federal Government shall prescribe, and as will facilitate an effective audit, including records which fully disclose:

(a) The amount and the disposition by the state of the proceeds of such assistance;

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ê1965 Statutes of Nevada, Page 104 (CHAPTER 70, AB 258)ê

(b) The total cost of the project or undertaking in connection with such assistance as given or used; and

5. Authorized representatives of the Federal Government shall have access for the purpose of audit and examination to any books, documents, papers and records of the state that are pertinent to financial assistance received by the state pursuant to federal law for planning, acquisition or development of outdoor recreation projects or combination thereof.

Sec. 5. This act shall become effective upon passage and approval.

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CHAPTER 71, AB 264

Assembly Bill No. 264–Committee on State, County and City Affairs

CHAPTER 71

AN ACT to amend NRS sections 244.300, 244.305 and 244.306, relating to powers of county commissioners concerning county parks and other recreational areas, by removing the minimum population requirements.

[Approved February 24, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 244.300 is hereby amended to read as follows:

244.300 The county commissioners of the several counties, [having a population of 7,000 or more,] in addition to the powers now conferred upon them by law, are authorized and empowered to operate, manage, improve and maintain all public parks, golf courses and other public recreational centers and areas, the construction of which has either been initiated or completed, and the title to which is held by the county.

Sec. 2. NRS 244.305 is hereby amended to read as follows:

244.305 1. The boards of county commissioners of the several counties [having a population of 5,000 or more] may acquire by purchase, contracts of purchase, which may or may not extend beyond their respective terms of office, gift, or in any other manner, parcels of land for park, recreational and memorial purposes.

2. For the purpose of acquiring such parcels of land the boards of county commissioners may use any unexpended moneys remaining in any county fund, except bond interest and redemption funds and fish and game funds. The boards may, in addition thereto, fix a yearly rate as a part of the county budget for the purpose of paying for the lands and the expense incidental to acquiring the same.

Sec. 3. NRS 244.306 is hereby amended to read as follows:

244.306 1. The boards of county commissioners of the several counties, [having a population of 5,000 or more,] in addition to the powers now conferred upon them by law, are authorized and empowered to operate and maintain swimming pools and other public recreational centers when the same have been acquired by gift to the county.

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ê1965 Statutes of Nevada, Page 105 (CHAPTER 71, AB 264)ê

2. For the purpose of operating and maintaining such swimming pools or other public recreational centers the boards of county commissioners may use any unexpended moneys remaining in any county fund, except bond interest and redemption funds and fish and game funds. The use and transfer of any such unexpended funds shall be in conformance with chapter 354 of NRS relating to the transfer of funds by counties. The boards may, in addition thereto:

(a) Provide in their annual county budgets for the expense of such operation and maintenance and levy a tax therefor.

(b) Make charges for the use by the public of any swimming pools or public recreational centers acquired pursuant to this section.

Sec. 4. This act shall become effective upon passage and approval.

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CHAPTER 72, AB 51

Assembly Bill No. 51–Committee on Roads, Transportation and Aviation

CHAPTER 72

AN ACT to amend NRS section 494.044, relating to monthly transfers of unrefunded aviation fuel excise tax to the state airport fund, by providing that such transfers be made annually.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 494.044 is hereby amended to read as follows:

494.044 The state controller [monthly] shall transfer to the state airport fund, during the month of June in each year, the unrefunded balance of all excise taxes which have been held in the aviation fuels tax refund account [for a period of 6 months prior to such transfer.] since December 31 of the preceding year.

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CHAPTER 73, AB 95

Assembly Bill No. 95–Messrs. Bunker and Mello

CHAPTER 73

AN ACT to amend NRS section 171.155, relating to the definition of peace officers, by including special investigators employed by the attorney general and certain arson investigators for fire departments.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 171.155 is hereby amended to read as follows:

171.155 Peace officers are the bailiff of the supreme court, sheriffs of counties, constables, members of the Nevada state police, personnel of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, the inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049, special investigators employed by the office of any district attorney [,] or the attorney general, marshals and policemen of cities and towns, respectively [.]

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ê1965 Statutes of Nevada, Page 106 (CHAPTER 73, AB 95)ê

of the Nevada highway patrol when exercising the police powers specified in NRS 481.150 and 481.180, the inspector or field agents of the motor carrier division of the department of motor vehicles when exercising the police powers specified in NRS 481.049, special investigators employed by the office of any district attorney [,] or the attorney general, marshals and policemen of cities and towns, respectively [.] , and arson investigators for fire departments specially designated by the appointing authority.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 74, AB 223

Assembly Bill No. 223–Mr. Delaney

CHAPTER 74

AN ACT finding facts; declaring the necessity of special legislation; abolishing the existing commissioner districts in Eureka County; and providing other matters properly relating thereto.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The legislature finds that a unique situation exists with reference to the commissioner districts established in Eureka County pursuant to NRS 244.050, in that:

1. It has come to the attention of the legislature that substantial irregularities occurred in the circulation of petitions for the creation of such districts;

2. The time has long since passed when such irregularities could be challenged and redressed by judicial process; and

3. Subsequent amendment of NRS 244.050 has substantially increased, from 20 percent to 35 percent of the number of registered voters, the number of signatures required to a petition to enable the county commissioners to alter or abolish such districts irregularly established.

Sec. 2. The legislature therefore finds and declares that for the relief of the inhabitants of Eureka County from the unique situation so created a special act is necessary.

Sec. 3. The existing commissioner districts in Eureka County are hereby abolished. The incumbent county commissioners shall be entitled to serve the remainder of the terms for which they were elected and appointed, and thereafter county commissioners shall be elected at large from within the county.

Sec. 4. Nothing in this act shall prevent the subsequent establishment of commissioner districts in Eureka County in the manner provided by law.

Sec. 5. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 107ê

CHAPTER 75, SB 72

Senate Bill No. 72–Committee on Judiciary

CHAPTER 75

AN ACT to amend NRS sections 612.340, 612.345, 612.375, 612.415, 612.540, 612.545 and 612.550 and chapter 612 of NRS, relating to unemployment compensation, by increasing maximum weekly and augmented weekly benefits, increasing wage requirement to qualify for benefits, providing for disqualification on additional grounds related to marriage, increasing the amount of wages on which contributions are paid, defining terms, increasing the contribution rate for new employers, increasing contribution rates based on experience, providing a new method of determining whether such rates shall be assigned, and adding a new section providing for disqualification of an individual leaving work to enter self-employment; and providing other matters properly relating thereto.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 612.340 is hereby amended to read as follows:

612.340 1. An individual’s weekly benefit amount for any benefit year commencing prior to the first Sunday of the first calendar quarter after passage and approval of this act shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not more than $37.50 per week, nor less than $8 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.

2. The weekly benefit amount for any benefit year commencing on or after the first Sunday of the first calendar quarter after passage and approval of this act shall be an amount equal to one twenty-fifth of his total wages for employment by employers during the quarter of his base period in which such total wages were highest, but not more than $41 per week, nor less than $16 per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.

Sec. 2. NRS 612.345 is hereby amended to read as follows:

612.345 1. Each eligible individual who is unemployed in any week shall have his weekly benefit amount augmented with respect to such week by $5 if he has one dependent, and by $5 for each additional dependent, provided that the eligible individual’s weekly benefit amount shall not be augmented by more than $20 in any case, nor shall the augmented weekly benefit amount exceed [$57.50] $61 or 6 percent of an individual’s total wages for employment by employers during that quarter of his base period in which such total wages were highest, whichever is the lesser.

2. If the augmented weekly benefit amount is not a multiple of $1, it shall be computed to the next higher multiple of $1.

3. The weekly benefit amount payable to an individual or his wife may not be augmented if both husband and wife living in the same household are being simultaneously paid benefits under the provisions of this chapter or any other state or federal unemployment compensation law.

Sec. 3. NRS 612.375 is hereby amended to read as follows:

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ê1965 Statutes of Nevada, Page 108 (CHAPTER 75, SB 72)ê

612.375 An unemployed individual shall be eligible to receive benefits with respect to any week only if the executive director finds that:

1. He has registered for work at, and thereafter has continued to report at, an employment office in accordance with such regulations as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this chapter.

2. He has made a claim for benefits in accordance with the provisions of NRS 612.450 and 612.455.

3. He is able to work, and is available for work; but no claimant residing in the State of Nevada shall be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability.

4. [He] (a) With respect to an individual who files a request for a determination of his benefit status effective prior to the first Sunday of the first calendar quarter after passage and approval of this act, he has within his base period been paid wages from employers equal to 30 times his weekly benefit amount; but if an individual fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter earnings, but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter earnings, his weekly benefit amount shall be $1 less than one twenty-fifth of his high-quarter earnings.

(b) With respect to an individual who files a request for a determination of his benefit status effective on and after the first Sunday of the first calendar quarter after passage and approval of this act, he has within his base period been paid wages from employers equal to 33 times his weekly benefit amount; but if an individual fails to qualify for a weekly benefit amount of one twenty-fifth of his high-quarter earnings but can qualify for a weekly benefit amount of $1 less than one twenty-fifth of his high-quarter earnings, his weekly benefit amount shall be $1 less than one twenty-fifth of his high-quarter earnings.

Sec. 4. NRS 612.415 is hereby amended to read as follows:

612.415 [An] 1. Except as provided in subsection 2, an individual shall be disqualified for benefits for any week after the work of an individual has been discontinued because such individual left work voluntarily to marry and for all weeks subsequent thereto until such individual has earned not less than $50 in subsequent bona fide work.

2. On and after the first Sunday of the first calendar quarter after the effective date of this amendatory act:

(a) An individual who establishes a benefit year or who reopens a claim for benefits and who has voluntarily left his or her most recent work to marry or to accompany his or her spouse or to join him or her at a place from which it is impractical to commute to such employment, or whose marital or domestic duties cause him or her to leave work, shall be disqualified for benefits until such individual has secured bona fide work after so leaving.

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ê1965 Statutes of Nevada, Page 109 (CHAPTER 75, SB 72)ê

work, shall be disqualified for benefits until such individual has secured bona fide work after so leaving.

(b) An individual who voluntarily leaves work to marry or to accompany his or her spouse or to join him or her at a place from which it is impractical to commute to such employment, or whose marital or domestic duties cause him or her to leave work, shall be disqualified for benefits until such individual has secured bona fide work after so leaving.

The provisions of this subsection do not apply to an individual who at the time of so leaving work was and at the time of filing a claim for benefits is the sole or major support of his or her family.

Sec. 5. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:

On and after the first Sunday of the first calendar quarter after the effective date of this amendatory act:

1. An individual who establishes a benefit year or who reopens a claim for benefits shall be disqualified for benefits for the week in which he has voluntarily left his most recent work to enter self-employment and for 4 consecutive weeks thereafter.

2. An individual shall be disqualified for benefits for the week in which he has voluntarily left his most recent work to enter self-employment and for 4 consecutive weeks thereafter.

Sec. 6. NRS 612.540 is hereby amended to read as follows:

612.540 [Each employer shall pay contributions equal to the following percentages of wages paid by him during the calendar year with respect to employment:

1. One and eight-tenths percent with respect to employment during the calendar year 1937.

2. With respect to employment after December 31, 1937, 2.7 percent, except as otherwise prescribed in NRS 612.550.] The standard rate of contributions shall be 2.7 percent of wages paid by each employer during the calendar year with respect to employment. Each employer who is or becomes subject to the law before the first day of the first calendar quarter after passage and approval of this act shall pay contributions at a rate of 2.7 percent until such time as he qualifies for a rate under NRS 612.550. Each employer who becomes subject to the law on or after the first day of the first calendar quarter after passage and approval of this act shall pay contributions at a rate of 3 percent until such time as he is eligible for a rate under NRS 612.550.

Sec. 7. NRS 612.545 is hereby amended to read as follows:

612.545 1. For the purposes of NRS 612.535 and 612.540: [and subsequent to January 1, 1955,]

(a) From January 1, 1955, until the first day of the first calendar quarter after passage and approval of this act, wages shall not include that part of remuneration which, after remuneration equal to $3,600 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.

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ê1965 Statutes of Nevada, Page 110 (CHAPTER 75, SB 72)ê

(b) Beginning on the first day of the first calendar quarter after passage and approval of this act, wages shall not include that part of remuneration which, after remuneration equal to $3,800 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under this chapter.

2. For the purposes of this section any employer who acquired the entire or a distinct and severable portion of the organization, trade or business or substantially all of the assets of an employer shall be treated as a single unit with its predecessor for the calendar year in which such acquisition occurs.

Sec. 8. NRS 612.550 is hereby amended to read as follows:

612.550 1. As used in this section:

(a) “Average actual duration” means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.

(b) “Average annual payroll” for the calendar year 1960 and each calendar year thereafter means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.

[(b)] (c) “Beneficiary” means an individual who has received a first payment.

(d) “Computation date” for the calendar year 1960 and for each calendar year thereafter means June 30 of the preceding calendar year.

[(c)] (e) “Covered worker” means an individual who has worked in employment subject to this chapter.

(f) “First payment” means the first weekly unemployment insurance benefit paid to an individual in his benefit year.

(g) “Reserve balance” means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.

[(d)] (h) “Reserve ratio” means the percentage ratio that the reserve balance bears to the average annual payroll.

[(e)] (i) “Total contributions paid” means the total amount of contributions due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.

(j) “Unemployment risk ratio” means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the employment security department records for the same 12-month period.

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ê1965 Statutes of Nevada, Page 111 (CHAPTER 75, SB 72)ê

2. The executive director shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him for each calendar year in order to reflect such experience and classification.

No employer’s contribution rate shall be reduced below 2.7 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that for the calendar year beginning January 1, 1960, and for each year thereafter an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.7 percent if his account has been chargeable throughout a lesser period, but in no event, less than the 10-consecutive-calendar-quarter period ending on the computation date.

3. Any employer who qualifies under subsection 9 and receives the experience record of a predecessor employer shall be assigned the contribution rate of such predecessor.

4. Benefits paid to an individual up to and including the computation date shall be charged against the experience rating records of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers; provided:

(a) That no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to any employer’s experience rating record; and

(b) That no benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employer’s [account] experience rating record when no benefits would have been payable except for NRS 612.295; and

(c) That if a ruling is issued to a base period employer under the provisions of NRS 612.475 that a claimant left his employment with such employer, voluntarily and without good cause, or was discharged because of misconduct in connection with such employment, benefits paid to the claimant subsequent to such termination of employment due to voluntary leaving or discharge, which are based upon wages paid by such employer in the claimant’s base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions or NRS 612.475.

[4.] 5. For the calendar year [1960] 1965 and for each calendar year thereafter the executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify such employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year shall be determined by the range within which his reserve ratio falls.

The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection [5] 6 of this section.

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ê1965 Statutes of Nevada, Page 112 (CHAPTER 75, SB 72)ê

ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection [5] 6 of this section. The lowest contribution rate shall be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.

[5.] 6. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section shall be assigned a contribution rate by the executive director for each calendar year according to the following classes:

Class 1............................................................................................ [0.1] 0.6 percent

Class 2............................................................................................ [0.3] 0.9 percent

Class 3............................................................................................ [0.6] 1.2 percent

Class 4............................................................................................ [0.9] 1.5 percent

Class 5............................................................................................ [1.2] 1.8 percent

Class 6............................................................................................ [1.5] 2.1 percent

Class 7............................................................................................ [1.8] 2.4 percent

Class 8............................................................................................ [2.1] 2.7 percent

[Class 9...................................................................................................... 2.4 percent

Class 10...................................................................................................... 2.7 percent

6. The executive director shall, on September 30, 1962, and on September 30 of each year thereafter, determine the highest benefit cost rate experienced during the 10-year period immediately preceding such date by dividing total benefit payments during every consecutive 12-month period of such 10-year period by total wages paid in the 4 calendar quarters which ended nearest to the last day of such 12-month period. The highest ratio obtained by such divisions is the highest benefit cost rate.

Contribution rates of less than 2.7 percent shall not be assigned to apply for the calendar year 1963 or for any calendar year thereafter if the executive director finds on September 30 preceding any such calendar year that the percentage relationship which the total amount available for benefits in the unemployment compensation fund on such date bears to the total wages reported by employers for the 4 consecutive calendar quarters ending on the preceding June 30 is less than 1 1/2 times the highest benefit cost rate.]

7. The executive director shall assign contribution rates less than 2.7 percent for the calendar year 1965 as nearly as may be in accordance with the provisions of subsections 1 to 6, inclusive. On November 30, 1965, and on November 30 of each year thereafter the executive director shall determine:

(a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and

(b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the employment security department records for the 12 months ending on the computation date; and

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ê1965 Statutes of Nevada, Page 113 (CHAPTER 75, SB 72)ê

(c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on the computation date; and

(d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on November 30. Contribution rates less than 2.7 percent shall not be assigned for the calendar year 1966 or for any calendar year thereafter if the executive director finds on November 30 preceding any such year that the balance in the unemployment compensation fund is less than 1 1/2 times the potential maximum annual benefits payable.

8. The executive director, for the calendar year 1960 and for each calendar year thereafter, shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for such calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of such year.

[8.] 9. The executive director shall, by regulation, prescribe the conditions for a transfer of the experience record of an employer to an employer who has acquired the entire or a severable part of the organization, trade or business or substantially all of the assets thereof.

[9.] 10. Whenever an employer has paid no wages in employment for a period of 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and such account shall not thereafter be used in any rate computation.

Sec. 9. This act shall become effective upon passage and approval.

________

CHAPTER 76, AB 27

Assembly Bill No. 27–Committee on Social Welfare

CHAPTER 76

AN ACT to amend NRS sections 425.200, 426.120 and 432.070, relating to lists of recipients of aid to dependent children, aid to the blind, and public child welfare and youth services, by abolishing the requirement that such lists be sent to the state treasurer.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 425.200 is hereby amended to read as follows:

425.200 1. The state welfare administrator shall furnish to the state controller [and the state treasurer] a full, true and correct list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter.

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ê1965 Statutes of Nevada, Page 114 (CHAPTER 76, AB 27)ê

list of recipients entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.

2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the fund payable to each recipient in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.

3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall deliver all warrants to the welfare division and the welfare division shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto.

4. The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund in the state treasury shall be open to inspection and subject to audit by officers and agents of the United States.

Sec. 2. NRS 426.120 is hereby amended to read as follows:

426.120 1. The state welfare administrator shall furnish to the state controller [and the state treasurer] a full, true and correct list of recipients of this state entitled to aid to the blind, and of the monthly amount to be paid to each of them, which list is subject to revision by the state welfare administrator to make it conform to such changes as may be duly made pursuant to the terms of NRS 426.010 to 426.500, inclusive.

2. The state controller shall promptly, upon receiving such certified list, draw his warrant upon the aid to the blind fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to such certified list, and the state treasurer shall pay the same.

3. Every such warrant shall be for the total amount of federal and state funds to which each such recipient is entitled under the provisions of NRS 426.010 to 426.500, inclusive.

4. The state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, deliver all such warrants to the welfare division of the department of health and welfare, and the welfare division shall mail the warrants through the facilities of the state central mailing system to the recipients entitled thereto as determined by the welfare division.

Sec. 3. NRS 432.070 is hereby amended to read as follows:

432.070 1. The state welfare administrator shall furnish to the state controller [and the state treasurer] a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the several funds provided for in this chapter, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter.

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ê1965 Statutes of Nevada, Page 115 (CHAPTER 76, AB 27)ê

chapter. The list shall be subject to revision by the state welfare administrator to make it conform to such changes as may be made pursuant to the terms of this chapter.

2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the particular fund payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal, state and county funds to which each claimant is entitled under the provisions of this chapter.

3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall deliver all warrants to the welfare division, and the welfare division shall mail such warrants through the facilities of the state central mailing system to the claimants entitled thereto.

Sec. 4. This act shall become effective upon passage and approval.

________

CHAPTER 77, AB 29

Assembly Bill No. 29–Committee on Social Welfare

CHAPTER 77

AN ACT to repeal NRS sections 610.200 to 610.280, inclusive, relating to apprenticeship of minors, orphans and destitute children.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 610.200 to 610.280, inclusive, are hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 78, AB 142

Assembly Bill No. 142–Committee on Social Welfare

CHAPTER 78

AN ACT to amend NRS section 612.265, relating to unemployment compensation, by allowing the employment security department to disclose information to any state or federal agency administering a public assistance program concerning recipients of unemployment compensation.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 612.265 is hereby amended to read as follows:

612.265 1. Except as hereinafter otherwise provided, information obtained from any employing unit or individual pursuant to the administration of this chapter and determination as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual’s or employing unit’s identity.

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ê1965 Statutes of Nevada, Page 116 (CHAPTER 78, AB 142)ê

rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual’s or employing unit’s identity.

2. Any claimant (or his legal representative) shall be supplied with information from the records of the employment security department, to the extent necessary for the proper presentation of his claim in any proceeding under this chapter.

3. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation or public assistance law or the maintenance of a system of public employment offices, or the Internal Revenue Service of the Department of the Treasury, and information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service [.] or a public assistance program.

4. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s rights to further benefits under this chapter.

5. The executive director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 3305(c) of the Internal Revenue Code of 1954.

6. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of the provisions of this section, makes any disclosure of information obtained from any employing unit or individual in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this chapter, shall use or permit the use of such list for any political purpose, he shall be punished by a fine of not less than $20 nor more than $200, or by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment.

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ê1965 Statutes of Nevada, Page 117ê

CHAPTER 79, AB 261

Assembly Bill No. 261–Committee on State, County and City Affairs

CHAPTER 79

AN ACT to amend NRS section 277.020, relating to cooperative agreements between counties, cities and school districts, by providing that a state agency may enter into such an agreement.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 277.020 is hereby amended to read as follows:

277.020 1. Any county, school district or city of this state may, through its governing body, enter into a cooperative agreement with any other such body politic or state agency, including the department of highways, for the joint use of hospitals, road construction and repair equipment, and such other facilities or services as may and can be reasonably used for the promotion and protection of the health and welfare of the inhabitants of this state.

2. The governing boards of any of such bodies politic operating under the provisions of this section shall annually, at the time of making their respective budgets, include therein estimates of the expenses necessary to carry out the agreements entered into under the provisions of this section, and budget the same in all respects as other items are included in such respective budgets.

3. All agreements for cooperation between such bodies politic or with state agencies pursuant to the terms of this section shall be evidenced by written agreements made and entered into by the governing boards and agencies interested, and the agreements shall be spread in full upon the minutes of the meetings of such boards at the time of the adoption thereof.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 80, AB 262

Assembly Bill No. 262–Committee on State, County and City Affairs

CHAPTER 80

AN ACT to amend NRS section 281.100, relating to hours of service of state or political subdivision employees, by allowing longer working hours and requiring compensatory vacation time or overtime pay.

[Approved February 25, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 281.100 is hereby amended to read as follows:

281.100 1. Except as otherwise provided in this section, the services and employment of all persons who are now, or may hereafter be, employed by the State of Nevada, or by any county, city, town, township or any other political subdivision thereof, [is] are hereby limited and restricted to not more than 8 hours in any 1 calendar day and not more than 56 hours in any 1 week.

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ê1965 Statutes of Nevada, Page 118 (CHAPTER 80, AB 262)ê

and restricted to not more than 8 hours in any 1 calendar day and not more than 56 hours in any 1 week.

2. The period of 8 hours’ employment mentioned in this section shall commence from the time the employee takes charge of any equipment of the employer or acts as an assistant or helper to a person who is in charge of any equipment of the employer, or enters upon or into any conveyance of or operated by or for the employer at any camp or living quarters provided by the employer for the transportation of employees to the place of work.

3. Nothing in this section shall apply to:

(a) Officials of the State of Nevada or of any county, city, town, township or other political subdivision thereof.

(b) Employees of the State of Nevada or of any county, city, town, township or other political subdivision thereof who are engaged as employees of a fire department, or to nurses in training or working in hospitals, or to deputy sheriffs or jailers.

(c) Work done directly by any public utility company pursuant to an order of the public service commission or other public authority.

4. [Except in cases of emergency where life or property is in imminent danger, it shall be unlawful for any officer or agent of the State of Nevada, or of any county, city, town, township, or other political subdivision thereof, to require or permit such employees to work more than 8 hours in any 1 calendar day or more than 56 hours in any 1 week.] Any employee whose hours are limited by subsection 1 may be permitted, or in case of emergency where life or property is in imminent danger may be required, at the discretion of the officer responsible for his employment, to work more than the number of hours limited. If so permitted or required, he shall receive, at the discretion of the responsible officer:

(a) Compensatory vacation time; or

(b) Overtime pay.

5. Any officer or agent of the State of Nevada, or of county, city, town, township, or other political subdivision thereof, whose duty it shall be to employ, direct or control the services of an employee covered by this section, who violates any of the provisions of this section as to the hours of employment of labor as herein provided, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $300, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.

________

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ê1965 Statutes of Nevada, Page 119ê

CHAPTER 81, AB 263

Assembly Bill No. 263–Committee on State, County and City Affairs

CHAPTER 81

AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section empowering boards of county commissioners to enact and enforce local police and sanitary ordinances not in conflict with general law, and providing exceptions.

[Approved February 25, 1965]

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:

Each board of county commissioners may enact and enforce such local police and sanitary ordinances and regulations as are not in conflict with the general laws and regulations of the State of Nevada, but may not enact any ordinance or regulation fixing a speed limit on any United States highway or any highway or road which is constructed, reconstructed, improved or maintained by the department of highways as provided in chapter 408 of NRS.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 82, SB 23

Senate Bill No. 23–Senator Bay

CHAPTER 82

AN ACT to amend an act entitled “An Act fixing the compensation of the county officers of Eureka county, Nevada, and regulating the employment and compensation of deputies and other employees of said officers and repealing all acts and parts of acts in conflict herewith,” approved February 25, 1953, as amended.

[Approved March 1, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Section 2 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as last amended by chapter 158, Statutes of Nevada 1963, at page 257, is hereby amended to read as follows:

Section 2. The district attorney shall receive an annual salary of $6,300 for all his services as such officer [. He] if he resides in Eureka County. If the district attorney does not reside in Eureka County he shall receive an annual salary of $4,800 for all his services as such officer, and no travel expenses or per diem allowances shall be paid him for traveling from his place of residence to the county seat to perform his official duties or for returning to his place of residence from the county seat. The district attorney shall pay into the county treasury each month all moneys collected by him as fees as authorized by law without deduction of any nature. The district attorney shall be allowed only his actual expenses while attending to official business of the county or the state; provided, that no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners.

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ê1965 Statutes of Nevada, Page 120 (CHAPTER 82, SB 23)ê

county or the state; provided, that no claim for expenses any part of which pertains to any private matter or to the business of any client shall be allowed or paid under the provisions of this act by the board of county commissioners. [The district attorney may employ a stenographer, who shall receive an annual salary of $3,300.]

Sec. 2. Section 9 of the above-entitled act, being chapter 23, Statutes of Nevada 1953, as amended by chapter 178, Statutes of Nevada 1955, at page 261, is hereby repealed.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 83, AB 74

Assembly Bill No. 74–Mr. Kean

CHAPTER 83

AN ACT to amend chapter 205 of NRS, relating to crimes against property, by adding a new section defining terms, prohibiting theft, forgery, alteration, counterfeiting, circulation or sale of stolen credit cards and fraudulent use of revoked or canceled credit cards, and providing penalties; and providing other matters properly relating thereto.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 205 of NRS is hereby amended by adding thereto a new section which shall read as follows:

1. As used in this section:

(a) “Cardholder” means the person or organization to whom a credit card is issued or for whose benefit it is issued.

(b) “Credit card” means any instrument, whether in the form of a card, booklet, plastic or metal substance, or the number or other identifying description thereof, which is sold, issued or otherwise distributed by a business organization or financial institution, for the use by the person or organization named thereon for obtaining on credit goods, property, services or anything of value.

2. Any person who:

(a) Steals, takes or removes a credit card from the person or possession of the cardholder, or who retains or secretes a credit card without the consent of the cardholder, with the intent of using, delivering, circulating or selling or causing such card to be used, delivered, circulated or sold without the consent of the cardholder, is guilty of a misdemeanor.

(b) Has in his possession or under his control or who receives from another person any forged, altered, counterfeited, fictitious or stolen credit card with the intent to use, deliver, circulate or sell it, or to permit or cause or procure it to be used, delivered, circulated or sold, knowing it to be forged, altered, counterfeited, fictitious or stolen, or who has or keeps in his possession any blank or unfinished credit card made in the form or similitude of any credit card, with such intent, is guilty of a misdemeanor.

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ê1965 Statutes of Nevada, Page 121 (CHAPTER 83, AB 74)ê

made in the form or similitude of any credit card, with such intent, is guilty of a misdemeanor.

(c) Has in his possession, or under his control, or who receives from another person a credit card with the intent to circulate or sell it, or to permit or cause or procure it to be used, delivered, circulated or sold, knowing such possession, control or receipt to be without the consent of the cardholder or issuer, is guilty of a misdemeanor.

(d) Delivers, circulates or sells a credit card which was obtained or is held by such person under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, or permits or causes or procures to be used, delivered, circulated or sold, knowing it to be obtained or held under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, is guilty of a misdemeanor.

(e) With intent to defraud, either forges, materially alters or counterfeits a credit card is guilty of a felony.

(f) Knowingly uses or attempts to use for the purposes of obtaining goods, property, services or anything of value a credit card which was obtained or is held by the user, under circumstances which would constitute a crime under paragraphs (a), (b) or (c) of this subsection, is also guilty of a misdemeanor if the total amount of goods, property or services or other things of value so obtained by such person does not exceed $100, or is also guilty of a felony if the total amount of goods, property or services or other things of value so obtained by such person exceeds $100.

3. Every person who knowingly and with intent to defraud uses for the purpose of obtaining goods, property or services, or anything of value, a credit card which has been revoked or canceled by the issuer thereof (as distinguished from expired), and notice of such revocation or cancellation has been given to such person, is guilty of a misdemeanor if the total amount of goods, property or services or other things of value so obtained thereafter by such person does not exceed $100; and is guilty of a felony if the total amount of goods, property or services or other things of value so obtained thereafter by such person exceeds $100.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 122ê

CHAPTER 84, AB 83

Assembly Bill No. 83–Committee on Judiciary

CHAPTER 84

AN ACT to amend NRS section 207.170, relating to the prohibition of false advertising, by adding to the list of unlawful practices false, deceptive or misleading advertising by mail, telephone or door-to-door contacts; by providing that news and advertising media acting in good faith are exempt from penalties; by fixing the punishment for violations; by enabling prosecuting officials to bring restraining actions and fixing penalties for violation of restraining orders; and providing other matters properly relating thereto.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 207.170 is hereby amended to read as follows:

207.170 1. It shall be unlawful for any person, firm, corporation or association [, with intent to sell, let, lease, rent or in anywise offer or dispose of merchandise, products, securities, service, lodging, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for rent, lease, sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, to make, publish, post, disseminate, display, circulate or place before the public, or cause, directly or indirectly, to be made, published, posted, disseminated, displayed, circulated or placed before the public in this state, in a newspaper or other publication or in form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, sign or billboard, or in any other way, an advertisement of any sort regarding such lodgings, meals, merchandise, products, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading.

2.] to publish, disseminate or display, or cause directly or indirectly to be published, disseminated or displayed, in any manner or by any means, including solicitation or dissemination by mail, telephone or door-to-door contacts, any false, deceptive or misleading advertising, with knowledge of the facts which render the advertising false, deceptive or misleading, for any business, trade or commercial purpose or for the purpose of inducing, or which is likely to induce, directly or indirectly, the public to purchase, consume, lease, dispose of, utilize or sell any property or service, or to enter into any obligation or transaction relating thereto.

2. Nothing in this section shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer, distributor or owner of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, such advertising in good faith without knowledge of its false, deceptive or misleading character.

3. Any person, firm, or any officer or managing agent of any corporation or association, who shall violate the provisions of subsection 1 shall [be guilty of a misdemeanor, and shall] , upon conviction, be punished:

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ê1965 Statutes of Nevada, Page 123 (CHAPTER 84, AB 83)ê

(a) For the first offense, by a fine of not less than $50 nor more than $200, or by imprisonment in the county jail for not less than 30 days nor more than 90 days, or by both fine and imprisonment.

(b) For the second offense, by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not less than 60 days nor more than 6 months, or by both fine and imprisonment.

(c) For the third offense, by a fine of not less than $500 nor more than $1,000, or by imprisonment in the county jail for not less than 90 days nor more than 1 year, or by both fine and imprisonment.

4. The attorney general or the district attorneys of the several counties may bring an action in the district court to restrain and prevent any person from violating any provision of this section.

5. Any person who violates any order or injunction issued pursuant to this section shall be subject to a fine of not less than $500 nor more than $1,000, or by imprisonment in the county jail for not less than 90 days nor more than 1 year, or by both fine and imprisonment.

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CHAPTER 85, AB 153

Assembly Bill No. 153–Committee on State Institutions and Libraries

CHAPTER 85

AN ACT to amend NRS section 209.196, relating to the Nevada state prison honor camp fund, by providing that the fund may be used for improvements and for other honor camp facilities.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 209.196 is hereby amended to read as follows:

209.196 1. There is hereby created in the state treasury the honor camp fund.

2. Any moneys received from the operation of any honor camp established pursuant to the provisions of this chapter, to the extent that such moneys are not used for the operation of any such camp, shall be placed in the honor camp fund.

3. The honor camp fund shall be a continuing fund, and no moneys in such fund shall be transferred to the general fund in the state treasury.

4. The state forester firewarden, as executive head of the division of forestry of the state department of conservation and natural resources, may:

(a) Expend the moneys in the honor camp fund for the renovation, [or] repair or improvement of [existing] buildings [at] and other facilities for any honor camp.

(b) Direct all activities in connection with any such renovation, [or] repair or improvement of buildings [at] and other facilities for any honor camp.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 124ê

CHAPTER 86, AB 181

Assembly Bill No. 181–Mr. Bailey

CHAPTER 86

AN ACT to amend NRS section 287.045, relating to eligibility of state officers and employees to participate in the state’s group insurance plan, by providing that professional employees of the University of Nevada who have annual employment contracts shall be eligible on the effective dates of their employment contracts.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 287.045 is hereby amended to read as follows:

287.045 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 state’s group insurance program.

2. [Every] Except as provided in subsection 3, 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.

3. University of Nevada professional employees with annual employment contracts shall be eligible to participate in such program upon the effective dates of their respective employment contracts.

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CHAPTER 87, AB 184

Assembly Bill No. 184–Committee on Taxation

CHAPTER 87

AN ACT to amend NRS section 517.420, relating to deeds of county-owned patented mining claims, by providing that such deeds shall be executed by the county treasurer.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 517.420 is hereby amended to read as follows:

517.420 1. At the expiration of 6 months, or sooner if the petitioner so desires, the [board of county commissioners] county treasurer shall make and execute a deed conveying the title of the county to such claim or claims to the petitioner for the sum for which the property became the property of the county.

2. No deed shall be executed for any less number of claims than the number named in the 6 months’ prospecting permit referred to in NRS 517.410.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 125ê

CHAPTER 88, AB 204

Assembly Bill No. 204–Committee on State Institutions and Libraries

CHAPTER 88

AN ACT to amend NRS section 379.160, relating to willful detention of public library property, by providing a penalty for willful destruction of public library property and extending the scope of the section to cover such detention and destruction by minors.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 379.160 is hereby amended to read as follows:

379.160 1. Any person who willfully detains any book, newspaper, magazine, pamphlet, manuscript, filmstrip or other property of any public library or reading room for more than 30 days after receipt of written notice demanding the return of any such article or property shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $50.

2. Any person who willfully cuts, tears, defaces, breaks or injures any book, map, chart, picture, engraving, statue, coin, model, apparatus or other work of literature, art, mechanics or object of curiosity, deposited in any public library or reading room, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $50.

3. The parent or guardian of a minor who willfully and maliciously commits any acts within the scope of subsection 1 or 2 shall be liable for all damages so caused by the minor.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 89, AB 257

Assembly Bill No. 257–Messrs. Swobe and Bailey

CHAPTER 89

AN ACT to amend NRS section 149.080, relating to the district court’s authorizing property of an estate to be leased, by placing the length of term within the discretion of the court.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 149.080 is hereby amended to read as follows:

149.080 1. At the time appointed, the court shall hear the petition and any objection thereto that may have been presented; and if the court is satisfied that it will be to the advantage of the estate, it shall make an order authorizing and directing the executor or administrator to make such lease.

2. The order shall set forth the minimum rental or royalty and the period of the lease [which must not be longer than 10 years,] , which shall be for such time as the court may authorize, except as otherwise herein provided with respect to a lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances or natural steam.

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ê1965 Statutes of Nevada, Page 126 (CHAPTER 89, AB 257)ê

shall be for such time as the court may authorize, except as otherwise herein provided with respect to a lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances or natural steam.

3. The order may authorize other terms and conditions, including, with respect to a lease for the purpose of production of minerals, oil, gas, or other hydrocarbon substances or natural steam, a provision for the payment of rental and royalty to a depositary, and for the appointment of a common agent to represent the interest of all the lessors, and, if the lease is for the purpose of production of oil, gas or other hydrocarbon substances or natural steam, including a provision for the payment of a compensatory royalty in lieu of rental and in lieu of drilling and producing operations on the land covered by the lease, and including a provision empowering the lessee to enter into any agreement with lessees, operators or owners of other lands for the purpose of bringing about the cooperative development and operation of all or parts of the field of which the leased land is a part, or for the development and operation of all or parts of the field as a unit.

4. If the lease covers additional property owned by other persons or an undivided interest of the decedent, or other interest of the decedent less than the entire ownership in the property, it may provide for division of rental and royalty in the proportion that the land or interest of each owner bears to the total area of the land or total interests covered by such lease.

5. A lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances or natural steam may be for a fixed period, and so long thereafter as minerals, oil, gas or other hydrocarbon substances or natural steam are produced in paying quantities from the property leased or mining or drilling operations are conducted thereon, and, if the lease provides for the payment of a compensatory royalty, so long as such compensatory royalty is paid, and, if the land covered by the lease is included in an agreement with lessees, operators or owners of other lands for cooperative development or unit operation of a larger area including the leased lands, so long as oil, gas or other hydrocarbon substances or natural steam are produced in paying quantities from any of the lands included in any such agreement or drilling operations are conducted thereon.

6. A certified copy of the order shall be recorded in the office of the recorder of every county in which the leased land, or any portion thereof, lies.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 127ê

CHAPTER 90, SB 69

Senate Bill No. 69–Committee on Aviation, Transportation and Highways

CHAPTER 90

AN ACT to amend NRS section 487.010, relating to reports of stolen or abandoned vehicles, requiring the keeper thereof to send a report to the sheriff and chief of police.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 487.010 is hereby amended to read as follows:

487.010 1. Whenever any vehicle of a type subject to registration under the laws of this state has been stored in a garage or parked in a trailer park or parking area for 30 days and the ownership of the vehicle is unknown to the keeper thereof, or if such keeper knows or can ascertain the ownership but has reason to believe that such vehicle is stolen, abandoned or secreted, the keeper shall thereupon report the presence of such vehicle by registered mail, return receipt requested, to the department of motor vehicles [.] , sheriff of the county where the vehicle is garaged or parked, and chief of police if within an incorporated city.

2. The department of motor vehicles, upon receipt of such notice, shall immediately notify [:

(a) The] the legal owner of record of the status of such vehicle. [; and

(b) The sheriff of the county wherein such garage, parking area or trailer park is located of the status of such vehicle.]

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 91, SB 89

Senate Bill No. 89–Senator Brown

CHAPTER 91

AN ACT to amend an act entitled “An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto,” approved March 27, 1953, as amended.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Section 1 of Chapter I of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as amended by chapter 7, Statutes of Nevada 1956, at page 9, is hereby amended to read as follows:

Section 1. Creation of Legislative Charter. All persons, inhabitants of that portion of Clark County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of “city of North Las Vegas,” and by that name and style they and their successors shall be known in law, and have perpetual succession and sue and be sued in all courts.

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ê1965 Statutes of Nevada, Page 128 (CHAPTER 91, SB 89)ê

by that name and style they and their successors shall be known in law, and have perpetual succession and sue and be sued in all courts. The territory embraced in said city is that certain land situate in the county of Clark, State of Nevada, described as follows:

All territory within the present boundaries of the city of North Las Vegas, operating under the general laws of the State of Nevada; and also, such other and additional lands and tenements as may, at any time hereafter be embraced or included within established limits of said city as hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges and obligations as hereinafter set out and prescribed.

That certain territory contained in the NE 1/4 sec. 25, T. 20 S., R. 61 E., M.D.B. & M., Clark County, Nevada, heretofore annexed to the city of North Las Vegas by an ordinance adopted in 1954 in accordance with this act, and all of that territory known as the W 1/2 of the E 1/2 of the W 1/2 of section 32, T. 19 S., R. 62 E., M.D.B. & M., Clark County, Nevada, heretofore annexed to the city of North Las Vegas in 1964 in accordance with this act, is hereby excluded from the city of North Las Vegas, and such territory shall hereafter cease to be part of such city. Exclusion of such territory from the city of North Las Vegas shall not relieve any part of the above-described excluded territory from any debts or obligations of the city of North Las Vegas incurred prior to such exclusion; and the city of North Las Vegas is hereby authorized to levy and collect from the territory so excluded the proportionate share of such sums of money as may become due on such debts or obligations contracted prior to exclusion. The owner or owners of the territory or parts of the territory so excluded may at any time pay the entire amount of his proportionate share of principal and interest due, and such payment shall terminate the liability of such portion of the excluded territory to the city of North Las Vegas.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 92, SB 107

Senate Bill No. 107–Senator Monroe

CHAPTER 92

AN ACT to amend chapter 78 of NRS, relating to private corporations, by adding a new section permitting transfer of stock by bookkeeping entries of clearing corporations established by regulated stock exchanges.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 78 of NRS is hereby amended by adding thereto a new section which shall read as follows:

1. As used in this section, unless the context otherwise requires:

(a) “Clearing corporation” means a corporation all of the capital stock of which is held by or for a national securities exchange registered under the Securities Exchange Act of 1934, as amended, being 15 U.S.C.

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ê1965 Statutes of Nevada, Page 129 (CHAPTER 92, SB 107)ê

stock of which is held by or for a national securities exchange registered under the Securities Exchange Act of 1934, as amended, being 15 U.S.C. § 78.

(b) “Custodian” means a national bank, or a bank or trust company organized under or subject to the banking law, acting as custodian for a clearing corporation.

2. Notwithstanding any provision of this chapter or of chapter 79 of NRS or any other applicable law, if a certificate or instrument evidencing shares of stock, or rights to purchase or subscribe to shares of stock, is in the custody of a clearing corporation or of a custodian subject to the instructions of a clearing corporation, title to any such certificate or instrument or to any interest therein and to the shares or rights evidenced by such certificate, instrument or interest may be transferred by the making of entries on the books of the clearing corporation reducing the account of the transferor by the number of shares or rights transferred and increasing the account of the transferee by such number of shares or rights. A transfer of title so made shall for all purposes have the same effect as if the transferor had delivered to the transferee a certificate or instrument evidencing the shares or rights transferred, duly endorsed in blank.

3. A valid pledge may be made of any such certificate or instrument or of any interest therein and of the shares or rights evidenced by such certificate, instrument or interest by:

(a) The giving by the pledgor to the clearing corporation of notice of the pledge and of instructions that, until receipt by the clearing corporation of notice to the contrary from the pledgee, such certificate, instrument or interest therein and the shares or rights evidenced by such certificate, instrument or interest shall be held by the clearing corporation, either directly or through the custodian, for the account of the pledgee; and

(b) The making of entries on the books of the clearing corporation reducing the account of the pledgor by the number of shares or rights pledged and increasing the account of the pledgee by such number of shares or rights.

A pledge so made shall for all purposes be as valid and effective as one made by transfer of actual possession of a certificate or instrument evidencing the shares or rights pledged from the pledgor to the pledgee.

4. The provisions of this section shall be applicable although the charter or articles of incorporation or code of regulations or bylaws of the corporation any shares or rights of which are transferred or pledged as herein provided, and any certificate or instrument evidencing such shares or rights, in whole or in part, may provide that such shares or rights shall be transferable only on the books of the corporation or shall be registered by a registrar or transferred by a transfer agent.

Sec. 2. 1. This act shall become effective upon passage and approval.

2. If the Uniform Commercial Code is enacted in this state, this act shall expire by limitation upon the effective date of such enactment; otherwise, this act shall continue in full force and effect.

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ê1965 Statutes of Nevada, Page 130ê

CHAPTER 93, SB 104

Senate Bill No. 104–Committee on Public Health

CHAPTER 93

AN ACT to repeal NRS section 440.180, relating to the division of the state into vital statistics registration districts.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 440.180 is hereby repealed.

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CHAPTER 94, SB 51

Senate Bill No. 51–Senator Dial

CHAPTER 94

AN ACT to amend NRS section 243.045 and 243.320, relating to the boundaries of Douglas and Ormsby counties, by changing the boundary between the two counties and by correcting the obsolete reference to an Esmeralda County boundary in the Douglas County description.

[Approved March 2, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 243.045 is hereby amended to read as follows:

243.045 1. There shall be a county, to be known as Douglas County, to include all that part of the State of Nevada within the boundaries described as follows: Beginning at Mason’s Ranch on the Walker River and running westerly in a straight line to the mouth of Clear Creek; thence along the middle of Clear Creek to its source; thence due west to the California line; thence south and southeasterly along the line to the western boundary of [Esmeralda] Lyon County; thence northerly along the boundary to the place of beginning.

2. Notwithstanding anything to the contrary in subsection 1, the north boundary line of Douglas County is redefined on the effective date of this act and such north boundary line is particularly described as follows: Beginning at Mason’s Ranch on the Walker River and running westerly in a straight line toward the mouth of Clear Creek to a point where such line intersects the centerline of Eldorado Canyon in section 18, T. 14 N., R. 22 E.; thence northeasterly down the centerline of Eldorado Canyon, a distance of 500 feet, more or less, to its intersection with a point on the north boundary of such section 18 which is also common to a point on the south boundary of section 7, T. 14 N., R. 22 E., the southeast corner of the new south boundary of Ormsby County and from which point the southeast corner of such section 7 bears S. 89°51ʹ E. a distance of 1,386 feet; thence westerly along the new south boundary of Ormsby County to the Nevada-California state line. All township and range references are to the Mount Diablo Base and Meridian.

Sec. 2. NRS 243.320 is hereby amended to read as follows:

243.320 1. There shall be a county, to be known as Ormsby County, to include all that part of the [Territory] State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Douglas County, and running easterly along the north boundary thereof to a point where it crosses Eldorado Canyon; thence down the center of Eldorado Canyon to a point thereon due east of Brown & Company’s dam on the Carson River; thence in a westerly direction, crossing the Carson River at the dam; thence to the Half Way House, between Carson and Silver City; thence northwesterly to the summit of the mountains east of Washoe Lake; thence in a westerly course along the summit to the tops of the Sierras; thence due west to the California line; thence south along the California line to the place of beginning.

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ê1965 Statutes of Nevada, Page 131 (CHAPTER 94, SB 51)ê

to include all that part of the [Territory] State of Nevada within the boundaries described as follows: Beginning at the northwest corner of Douglas County, and running easterly along the north boundary thereof to a point where it crosses Eldorado Canyon; thence down the center of Eldorado Canyon to a point thereon due east of Brown & Company’s dam on the Carson River; thence in a westerly direction, crossing the Carson River at the dam; thence to the Half Way House, between Carson and Silver City; thence northwesterly to the summit of the mountains east of Washoe Lake; thence in a westerly course along the summit to the tops of the Sierras; thence due west to the California line; thence south along the California line to the place of beginning.

2. Notwithstanding anything to the contrary in subsection 1, the south boundary line of Ormsby County is redefined on the effective date of this act and such south boundary line is particularly described as follows: Beginning at a point where the center of Eldorado Canyon crosses the south boundary of section 7, T. 14 N., R. 22 E., and from which point the southeast corner of section 7 bears, S. 89°51ʹ E. a distance of 1,386 feet; thence westerly along the south boundary of section 7 to its southwest corner; thence continuing westerly along the south boundaries of sections 12, 11, 10, 9, 8 and 7, T. 14 N., R. 21 E.; thence continuing westerly along the south boundaries of sections 12, 11, 10 and 9, T. 14 N., R. 20 E., to the southwest corner of section 9; thence northerly along the west boundary of section 9 to its northwest corner; thence westerly along the south boundary of section 5, T. 14 N., R. 20 E., to the south 1/4 corner of section 5; thence northerly along the north-south 1/4 section line of section 5 to the north 1/4 corner of section 5 and common to the south 1/4 corner of section 32, T. 15 N., R. 20 E.; thence westerly along the south boundary of section 32 and continuing along the south boundary of section 31 to the east-east 1/64th corner common to section 31, T. 15 N., R. 20 E., and section 6, T. 14 N., R. 20 E.; thence southerly along the north-south centerline of the NE 1/4 of the NE 1/4 of section 6, a distance of 300 feet, more or less to the center-north-northeast-northeast 1/256th corner of section 6; thence westerly along the east-west centerline of the NW 1/4 of the NE 1/4 of the NE 1/4 of section 6, a distance of 660 feet, more or less, to the center-north-north-northeast 1/256th of section 6; thence northerly along the north-south centerline of the NE 1/4 of section 6, a distance of 300 feet, more or less, to the east 1/16th corner common to section 6, T. 14 N., R. 20 E., and section 31, T. 15 N., R. 20 E.; thence westerly along the south boundary of section 31 to its southwest corner; thence continuing westerly along the south boundaries of sections 36, 35, 34, 33, 32 and 31, T. 15 N., R. 19 E., to the southwest corner of section 31; thence continuing westerly along the south boundaries of sections 36, 35, 34 and a portion of 33, T. 15 N., R. 18 E., to the east shoreline of Lake Tahoe; thence continuing due west to the California line. All township and range references are to the Mount Diablo Base and Meridian.

Sec. 3. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 132ê

CHAPTER 95, AB 105

Assembly Bill No. 105–Committee on Banking, Insurance and Corporations

CHAPTER 95

AN ACT to repeal NRS section 680.160, relating to the survey of fire insurance rates of cities and towns by the commissioner of insurance.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 680.160 is hereby repealed.

Sec. 2. This act shall become effective upon passage and approval.

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CHAPTER 96, AB 108

Assembly Bill No. 108–Committee on Banking, Insurance and Corporations

CHAPTER 96

AN ACT to amend NRS section 682.260, relating to procedure when stock insurance company has insufficient assets, by providing that required surplus shall be added to required capital for purpose of finding and measuring impairment and by reducing permitted extension of time for correction to 90 days.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 682.260 is hereby amended to read as follows:

682.260 1. Whenever the commissioner shall find from the financial statement made by any stock company subject to the provisions of NRS 682.010 to 682.290, inclusive, or from a report of examination of any such company that the admitted assets of a stock company subject to the provisions of NRS 682.010 to 682.290, inclusive, are less than the minimum capital and surplus required of such company by law and all other liabilities, he shall give written notice to the company of the amount of such impairment and shall require that the impairment be made good within such period, which shall be not less than 30 days nor more than 90 days from the date of such notice, as he may designate.

2. If such impairment of assets does not amount to more than 10 percent of the combined required capital [stock,] and minimum surplus, and the commissioner is satisfied such impairment might be made good by an extension of time, the commissioner may extend the time limit to a period of not to exceed [l year.] an additional 90 days.

3. The commissioner shall have power to make such restriction of operations as he may deem necessary while the impairment exists.

Sec. 2. This act shall become effective upon passage and approval.

________

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ê1965 Statutes of Nevada, Page 133ê

CHAPTER 97, AB 111

Assembly Bill No. 111–Committee on Banking, Insurance and Corporations

CHAPTER 97

AN ACT to amend chapter 684 of NRS, relating to insurance brokers, agents, solicitors and service representatives, by adding a new section requiring licensees and license applicants to file true and fictitious names with the commissioner of insurance, imposing limitations on the use of fictitious names, and exempting licensees filing before July 1, 1965; and providing other matters properly relating thereto.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 684 of NRS is hereby amended by adding thereto a new section which shall read as follows:

1. Every noncorporate licensee and applicant for a license under this chapter who desires to have such license issued under a fictitious name shall file with the commissioner a certified copy of both the entry of the county clerk and the affidavit made pursuant to the provisions of chapter 602 of NRS, and every corporate licensee and applicant shall file with the commissioner in writing the true name of the corporation and also all fictitious names under which it conducts or intends to conduct its business, and after licensing every licensee shall file with the commissioner any change in or discontinuance of such names. The commissioner may in writing disapprove the use of any true or fictitious name (other than the bona fide natural name of an individual) by any licensee on any of the following grounds:

(a) Such name is an interference with or is deceptively similar to a name already filed and in use by another licensee;

(b) The use of the name may mislead the public in any respect;

(c) The name states, infers or implies that the licensee is an insurer, motor club, hospital service plan or entitled to engage in insurance activities not permitted under licenses held or applied for;

(d) The name states or implies that the licensee is an underwriter. This paragraph shall not prevent a natural person who is a life licensee from describing himself as an underwriter or from using the designation “Chartered Life Underwriter” if entitled thereto, nor shall it prevent a natural person who is a fire and casualty licensee from using the designation “Chartered Property and Casualty Underwriter” if entitled thereto nor a producer’s trade association, each member of which is also separately licensed, from having a name containing the word underwriter; or

(e) The licensee has already filed and not discontinued the use of more than two names, including the true name. This paragraph shall not prevent a licensee who has lawfully purchased or succeeded to the business or businesses of other licensees from using for each such business not more than two additional names, true or fictitious, consisting of names used by his predecessors in the conduct of such businesses.

2. A licensee may not use a true or fictitious name after being notified by the commissioner in writing that such use is contrary to this section.

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ê1965 Statutes of Nevada, Page 134 (CHAPTER 97, AB 111)ê

section. If the commissioner determines that there are facts in mitigation in connection with the continued use of such name he may permit its use for a specified reasonable period of time if in connection therewith he imposes such conditions as will protect the public and achieve the purposes of this section. Any such permission and any such conditions shall be written.

3. The grounds specified in paragraphs (a), (c) and (d) of subsection 1 shall not be applicable to the true name of any organization licensee which on July 1, 1965, holds under such name any type of license issued under this chapter, nor to any fictitious name in use on July 1, 1965, by any individual or organization holding any type of license issued under this chapter, if such fictitious name is filed with the commissioner on or before July 1, 1965.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 98, AB 112

Assembly Bill No. 112–Committee on Banking, Insurance and Corporations

CHAPTER 98

AN ACT to amend NRS sections 685.020 and 685.110, relating to definitions and surety bonds for insurance adjusters, by deleting obsolete reference to “department” of insurance and obsolete provision for bond of concurrent independent and public adjuster, and by removing time limit on the posting of bond covering a new employee.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 685.020 is hereby amended to read as follows:

685.020 In NRS 685.010 to 685.200, inclusive, unless the context otherwise requires:

1. “Adjuster” means any person who, for compensation as an independent contractor for fee or commission, investigates, settles and reports to his principal relative to claims arising under insurance contracts, on behalf solely of either the insurer or the insured. An associate adjuster, an attorney at law who adjusts insurance losses from time to time incidental to the practice of his profession, an adjuster of ocean marine losses, or a salaried employee of an insurer, or a salaried employee of a managing general agent maintaining an underwriting office in the State of Nevada is not deemed to be an adjuster for the purposes of NRS 685.010 to 685.200, inclusive.

2. “Associate adjuster” means a salaried employee of an adjuster.

3. “Commissioner” means the commissioner of insurance.

4. “Company” means an insurance or surety company and shall be deemed to include a corporation, company, partnership, association, society, order, individual or aggregation of individuals engaging in or proposing or attempting to engage in any kind of insurance or surety business.

5. [“Department” means the department of insurance.

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ê1965 Statutes of Nevada, Page 135 (CHAPTER 98, AB 112)ê

6.] “Independent adjuster” means an adjuster representing the interests of the insurer.

[7.] 6. “Public adjuster” means an adjuster employed by and representing solely the financial interests of the insured named in the policy.

Sec. 2. NRS 685.110 is hereby amended to read as follows:

685.110 1. Prior to the issuance of a license to an applicant as an adjuster, the applicant shall file with the commissioner, and shall thereafter maintain in force while so licensed, a surety bond in favor of the people of the State of Nevada, executed by an authorized corporate surety approved by the commissioner, the amount of the bond or bonds to be as follows:

For an independent adjuster............................................................ .................................................................................................. $5,000

For each person who is employed by an adjuster to adjust claims .................................................................................................... 1,000

[For each newly employed employee the bond shall be posted within 30 days after employment.]

For a public adjuster.......................................................................... .................................................................................................. $5,000

[For an adjuster licensed as an independent adjuster and a public adjuster concurrently.......................................................... 10,000]

2. The bond may be continuous in form, and total aggregate liability on the bond may be limited to the payment of $10,000. The bond shall be contingent on the accounting by the adjuster to any insured or insurer, whose claim he is handling, for moneys or any settlement received in connection therewith.

3. Any such bond shall remain in force until the surety is released from liability by the commissioner, or until canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel a bond upon 30 days’ advance notice in writing filed with the commissioner.

Sec. 3. This act shall become effective upon passage and approval.

________

CHAPTER 99, AB 117

Assembly Bill No. 117–Committee on Banking, Insurance and Corporations

CHAPTER 99

AN ACT to amend NRS section 694.130, relating to examination of insurance rates where prior filing is not required, by substituting standard that rates shall not be excessive, inadequate or unfairly discriminatory for standard based on experience, hazard, return and other factors.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 694.130 is hereby amended to read as follows:

694.130 1. Under such rules and regulations as he shall adopt, the commissioner may, by written order, suspend or modify the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used.

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ê1965 Statutes of Nevada, Page 136 (CHAPTER 99, AB 117)ê

thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used. Such orders, rules and regulations shall be made known to insurers and rating organizations affected thereby.

2. The commissioner may make such examination as he may deem advisable to ascertain whether any rates affected by such order meet the standards set forth in paragraph [(b)] (a) of subsection 1 of NRS 694.050.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 100, AB 120

Assembly Bill No. 120–Committee on Banking, Insurance and Corporations

CHAPTER 100

AN ACT to amend NRS section 685.070, relating to qualifications for insurance adjusters, by providing that independent insurance adjusters or their employees licensed in other states may be licensed in Nevada.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 685.070 is hereby amended to read as follows:

685.070 The commissioner shall license as an adjuster only an individual who has otherwise complied with NRS 685.010 to 685.200, inclusive, and who has furnished evidence satisfactory to the commissioner that he is qualified as follows:

1. Is at least 21 years of age.

2. Has been a bona fide resident of this state for at least 6 months or is a resident or a state which will permit residents of this state to act as adjusters in such other state [.] or is an independent adjuster, or employee thereof, licensed under the laws of any other state of the United States and whose principal office is located in such state.

3. Is a trustworthy person with a good reputation.

4. Has had at least 2 years’ experience, or special training with reference to the handling of loss claims under insurance contracts of sufficient duration and extent reasonably to make him competent to fulfill the responsibilities of an adjuster.

5. Has successfully passed any examination required under NRS 685.010 to 685.200, inclusive.

6. Has posted the bond or bonds required under NRS 685.110.

7. Has never been convicted of a felony.

Sec. 2. This act shall become effective upon passage and approval.

________

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ê1965 Statutes of Nevada, Page 137ê

CHAPTER 101, AB 121

Assembly Bill No. 121–Committee on Banking, Insurance and Corporations

CHAPTER 101

AN ACT to amend NRS section 684.260, relating to qualifications and examinations for insurance solicitors, by adding additional types of insurance to subject matter covered by written examination.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 684.260 is hereby amended to read as follows:

684.260 1. The commissioner shall issue a solicitor’s license:

(a) Only to a natural person who has been a bona fide resident of this state for not less than 3 months immediately prior to the filing of the application; and

(b) Only upon requisition, accompanied by the fee as provided for in NRS 686.020, made by his employer, who or which shall be a licensed agent or broker, and then only when such employer certifies that the solicitor is his bona fide employee and is competent and fully qualified and that he will assume responsibility for such solicitor’s acts; and

(c) Only after such applicant shall have successfully passed the written examination on [fire and casualty subjects] the types of insurance described in NRS 681.010 as Class 2, Class 3 and Class 4 as required by the commissioner.

2. Any solicitor so licensed shall solicit insurance only in the name of and for the account of his employer.

3. Solicitors shall not be licensed for agencies or brokers doing the kind of business described in class 1 as described in NRS 681.020.

Sec. 2. This act shall become effective upon passage and approval.

________

CHAPTER 102, AB 176

Assembly Bill No. 176–Committee on State, County and City Affairs

CHAPTER 102

AN ACT to amend NRS sections 350.010, 350.040, 350.050, 350.080, 350.090, 350.100, 350.110, 350.120, 350.130, 350.140, 350.150, 350.160, 350.180, 350.190 and 350.200, relating to borrowing and bonds of counties, cities, towns and other municipal corporations, by modifying and supplementing numerous details concerning bond elections, bonds sales and bond provisions; to amend chapter 350 of NRS, relating to borrowing and bonds of counties, municipalities and districts, by adding new provisions concerning bond elections; and providing other matters properly relating thereto.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 350.010 is hereby amended to read as follows:

350.010 As used in NRS 350.010 to 350.200, inclusive [,] :

1. [“municipal] “Municipal corporation” [shall be construed to mean] means a county, city, or town.

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ê1965 Statutes of Nevada, Page 138 (CHAPTER 102, AB 176)ê

mean] means a county, city, or town. [or other municipal corporation, but shall not be construed to mean a school district.]

2. “Clerk” means the clerk, secretary, or other like officer of the municipal corporation.

3. “General election” means a general election, primary election, or regular municipal election.

4. “Governing body” means the board of county commissioners, city council, city commission, board of supervisors, board of directors or other governing body of the municipal corporation.

Sec. 2. NRS 350.040 is hereby amended to read as follows:

350.040 1. The election officers of the municipal corporation who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election. If a bond election is held in conjunction with a general election, the same single ballot box shall be used at each polling place.

2. Notwithstanding any other provision of NRS 350.010 to 350.070, inclusive, at any bond election hereunder, ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in the election laws of this state.

Sec. 3. Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 6, inclusive, of this act.

Sec. 4. 1. Whenever a municipal corporation has ordered a bond election, the clerk shall cause notice of the election to be published in some newspaper printed in and having a general circulation in the municipal corporation once in each calendar week for two successive calendar weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of the election.

2. If no newspaper is printed in the municipal corporation, 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 municipal corporation.

Sec. 5. 1. Except as provided in subsection 3, the notice of election shall contain:

(a) The time and places of holding the election.

(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.

(d) The maximum amount of the bonds.

(e) The maximum rate of interest, not to exceed 6 percent per annum.

(f) The maximum number of years, not exceeding 30, which the bonds are to run.

2. Any election called pursuant to NRS 350.010 to 350.070, inclusive, may be consolidated with a general election.

3. If the election is consolidated with the general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election.

Sec. 6. 1. If the bond question is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election.

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ê1965 Statutes of Nevada, Page 139 (CHAPTER 102, AB 176)ê

2. If the bond question is submitted at a special election, the clerk of the county in which the municipal corporation is located shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 40 days nor less than 32 days next preceding the election, in a newspaper published within the municipal corporation, if any be so published, and having a general circulation therein, 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.

3. Except as provided in subsection 4, the office of the county clerk shall be open for such a 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, for the registration of any qualified elector.

4. During the 5 days preceding the close of registration before such a 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 Sundays and any legal holidays excepted.

5. The office of the county clerk shall be opened for registration of voters for such a 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.

Sec. 7. NRS 350.050 is hereby amended to read as follows:

350.050 1. Every citizen of the United States, 21 years of age or over, who has resided in the state 6 months and in the county 30 days and in the precinct 10 days next preceding the election, shall be entitled to vote at the election if he has complied with the registration laws of this state.

2. If a registered elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation, he shall be furnished, by the officers conducting the election, a ballot printed on white paper.

3. If a registered elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation, he shall, after making the required affidavit, be furnished, by the officers conducting the election, a ballot printed on colored paper.

4. Before any person shall be permitted to vote a ballot printed on colored paper, he shall be required to make, before one of the officers of the election, any of whom is authorized to take the same, an affidavit showing that he is the owner of or the spouse of the owner of real property assessed on the assessment roll of the municipal corporation.

5. The provisions of the election laws of this state relating to absent voting shall apply to all bond elections hereunder except:

(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the municipal corporation.

(b) Upon receipt of an application, if the clerk shall determine that the applicant is entitled to vote at the election, the clerk shall immediately, or as soon thereafter as the official absent voter’s ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voter’s ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the municipal corporation, the clerk shall enclose with the official absent voter’s ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the municipal corporation.

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ê1965 Statutes of Nevada, Page 140 (CHAPTER 102, AB 176)ê

the spouse of the owner of real property in the municipal corporation, the clerk shall enclose with the official absent voter’s ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the municipal corporation.

(c) The clerk shall enclose with the official absent voter’s ballot and the form of affidavit, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.

(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed affidavit showing that he is the owner of or the spouse of the owner of real property in the municipal corporation, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.

(e) On the day of the election, the board of election which received the absent voters’ ballots from the clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voter’s signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed affidavit of the voter showing that he is the owner of or the spouse of the owner of real property in the municipal corporation, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed affidavit shall be rejected by the election board.

(f) Notwithstanding any other provision of this subsection 5, if a bond question is submitted at a primary election or other general election except for a regular municipal election or at a special county election, the county clerk shall perform the duties provided herein for the clerk, even though the clerk of the municipal corporation submitting the bond question is other than the county clerk.

Sec. 8. NRS 350.080 is hereby amended to read as follows:

350.080 1. Except as provided in subsection 2, the denomination of each of the bonds shall be $100, [$500 or $1,000.] or an even multiple thereof, as the governing body may determine, but no more than the amount of principal maturing in the year in which the bond becomes due, except as herein otherwise expressly provided.

2. Whenever the State of Nevada or any board or department thereof is the successful bidder on any bonds offered for sale, the issuing authorities shall have the bonds printed in any denomination desired and indicated by the State of Nevada or the board or department thereof.

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ê1965 Statutes of Nevada, Page 141 (CHAPTER 102, AB 176)ê

desired and indicated by the State of Nevada or the board or department thereof.

Sec. 9. NRS 350.090 is hereby amended to read as follows:

350.090 1. Before any bonds issued by a municipal corporation shall be offered for sale, the [corporate authorities issuing the bonds] governing body shall designate the maximum rate of interest the bonds shall bear, which shall not be in excess of [that allowed] 6 percent per annum unless otherwise provided by law.

2. When a vote of the electors shall have been taken on the question of the issuance of the bonds and the proposition submitted to the electors shall have specified the maximum rate of interest to be borne by the bonds, no increase of such maximum rate of interest shall be made by the [corporate authorities.] governing body.

3. Interest on all such bonds shall be payable either annually or semiannually, [as may be set forth in the act of the officers of the issuing municipal corporation.] but the first interest payment date may be any time within 1 year from the date of the bonds, as the governing body may determine.

Sec. 10. NRS 350.100 is hereby amended to read as follows:

350.100 1. Bonds issued under NRS 350.010 to 350.200, inclusive, shall never be issued to run for a longer period than [20] 30 years from [the] their date [of the issue], and shall, as near as practicable, be issued for a period which shall be equivalent to the life of the improvement to be acquired by the use of the proceeds of the bonds.

2. The provisions of this section shall not apply to [irrigation district bonds or the] bonds of unincorporated towns issued pursuant to the provisions of NRS 269.400 to 269.470, inclusive.

Sec. 11. NRS 350.110 is hereby amended to read as follows:

350.110 1. All bonds, including refunding bonds, issued under lawful authority by any municipal corporation shall be serial in form and maturity and numbered from 1 upward consecutively. Bonds authorized at any election may be issued at one time or from time to time in one series or more. The bonds of any one series may be made payable at different times from those of any other series. The bonds of each series shall comply with the provisions of NRS 350.100.

2. The bonds of any series shall:

(a) Be negotiable in form, fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law, and payable to bearer, subject to any provisions for their registration for payment;

(b) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be payable to bearer, shall be negotiable in form and fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law, shall be consecutively numbered, and shall bear the number of the bond to which it appertains;

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ê1965 Statutes of Nevada, Page 142 (CHAPTER 102, AB 176)ê

(c) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State of Nevada, as may be provided by the governing body; and

(d) Be printed at such place within or without the State of Nevada, as the governing body may determine.

3. Any proceedings authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the governing body may determine and state in the authorizing proceedings.

4. Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated; 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 or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

5. The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the governing body in the proceedings authorizing the bonds, except as herein otherwise provided.

6. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the governing body may determine may be issued.

7. Notwithstanding any other provision of law, the governing body in any proceedings authorizing bonds hereunder:

(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

8. In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the municipal corporation may authenticate and deliver a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

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ê1965 Statutes of Nevada, Page 143 (CHAPTER 102, AB 176)ê

amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:

(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any, or

(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

(1) Upon filing with the municipal corporation evidence satisfactory to the governing body that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof, and

(2) Upon furnishing the municipal corporation with indemnity satisfactory to the governing body,

upon complying with such reasonable regulations as the governing body may prescribe, and upon the payment of such expenses as the municipal corporation may incur in connection therewith.

9. The municipal corporation may also reissue any outstanding bond (upon such terms and conditions as the governing body and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.

10. 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 municipal corporation, 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.

11. Any officer authorized or permitted to sign any bond or coupons, 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 appertaining thereto, or upon both the bond and such coupons.

12. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of any purpose for which the bonds are authorized to be issued, which cost, at the option of the governing body, may include all or any part of the incidental costs appertaining to such purpose, including without limiting the generality of the foregoing, preliminary expenses advanced by the municipal corporation from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with a bond election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to such purpose, as estimated or otherwise ascertained by the governing body.

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ê1965 Statutes of Nevada, Page 144 (CHAPTER 102, AB 176)ê

options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to such purpose, as estimated or otherwise ascertained by the governing body.

13. Any unexpended balance of bond proceeds remaining after the completion of the purpose or purposes for which the bonds were issued shall be paid immediately into a fund created for the payment of the principal of and interest on 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 in the proceedings authorizing their issuance.

14. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipal corporation, its governing body, or any of the officers, agents and employees of the municipal corporation.

Sec. 12. NRS 350.120 is hereby amended to read as follows:

350.120 1. All bonds shall be sold at public sale. [No bonds] Bonds shall be sold [at] for not less than [par] the principal amount thereof and accrued interest [,] thereon, or, at the option of the governing body, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the municipal corporation of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the governing body on the sale of the bonds. No [nor shall any] discount or commission shall be allowed or paid on the sale of such bonds [.] (except as herein otherwise provided). The governing body may employ legal, financial, engineering and other expert services in connection with any purpose for which the bonds are authorized and with the authorization, sale and issuance of the bonds.

2. A notice calling for bids for the purchase of the bonds shall be published once a week for 4 consecutive weeks by 4 weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the date of sale, in a newspaper published within the boundaries of the municipal corporation offering the bonds for sale. If there is no newspaper published within the boundaries of the municipal corporation, the publication shall be made in a newspaper of general circulation in the [county in which the] municipal corporation. [is located.]

3. Such other notice shall be given as the corporate authorities may direct.

4. At least 3 weeks prior to the date fixed for the sale, a copy of the notice shall be mailed to the state board of finance, Carson City, Nevada.

Sec. 13. NRS 350.130 is hereby amended to read as follows:

350.130 The notice shall:

1. Specify a place and designate a day and the hour thereof subsequent to the date of the last publication when sealed bids for the purchase of the bonds shall be received and opened publicly.

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ê1965 Statutes of Nevada, Page 145 (CHAPTER 102, AB 176)ê

2. Specify the maximum rate of interest the bonds shall bear.

3. Require each bidder to submit a bid specifying [:

(a) The] the lowest rate or rates of interest and premium, if any [above par,] at which the bidder will purchase the bonds [; or] , at or above par, or, if so permitted by the governing body, below par at a discount not exceeding the maximum discount fixed by the governing body.

[(b) The lowest rate of interest at which the bidder will purchase the bonds at par.]

Sec. 14. NRS 350.140 is hereby amended to read as follows:

350.140 All bids shall:

1. Be in writing and be sealed.

2. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of [5] an amount of at least 2 percent of the principal amount of the [bid,] bonds, either in cash, or by cashier’s check or treasurer’s check of, or by certified check [,] drawn on, a solvent commercial bank or trust company in the United States of America, which deposit shall be returned if the bid is not accepted.

Sec. 15. NRS 350.150 is hereby amended to read as follows:

350.150 1. Subject to the right of the corporate authorities to reject any and all bids and to readvertise the bonds for sale, the bonds shall be sold to the responsible bidder making the best bid.

2. If there be two or more equal bids for the bonds, and such equal bids are the best bids received and not less than [par] the principal amount of the bonds and accrued interest, except for any permitted discount, the corporate authorities shall determine which bid shall be accepted.

Sec. 16. NRS 350.160 is hereby amended to read as follows:

350.160 1. If a bid is accepted, the deposits of all other bidders shall be thereupon returned. If all bids are rejected, all deposits shall be returned forthwith.

2. If the successful bidder fails or neglects to complete the purchase of the bonds within 30 days following the acceptance of his bid, or within 10 days after the bonds are made ready and are tendered by the municipal corporation for delivery, whichever is later, the amount of his deposit shall be forfeited to the municipal corporation issuing the bonds [,] (but no bidder shall forfeit such deposit whenever the bonds are not ready and so tendered for delivery within 60 days from the date of the acceptance of his bid), and the corporate authorities may accept the bid of the person making the next best bid. If all bids are rejected, the corporate authorities shall readvertise the bonds for sale in the same manner as provided for the original advertisement.

Sec. 17. NRS 350.180 is hereby amended to read as follows:

350.180 The various annual maturities shall commence not later than the third year after the date [of issue] of the bonds. All [such] bonds shall [be redeemed in equal annual installments, but the first installment may be for a greater or lesser amount than the remaining installments.] mature serially, at the option of the governing body, in substantially equal annual installments of principal, or upon an amortization plan for the proposed bonds, or upon an amortization plan for the proposed bonds and all outstanding bonds of the municipal corporation, or in any other manner the governing body may determine.

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ê1965 Statutes of Nevada, Page 146 (CHAPTER 102, AB 176)ê

amortization plan for the proposed bonds, or upon an amortization plan for the proposed bonds and all outstanding bonds of the municipal corporation, or in any other manner the governing body may determine.

Sec. 18. NRS 350.190 is hereby amended to read as follows:

350.190 Bonds issued hereunder shall be a debt of the municipal corporation issuing them, and it shall thereby pledge its full faith and credit for their payment. The officials charged by law with the duty of levying taxes for the payment of the bonds and interest shall, in the manner provided by law, including without limitation NRS 350.250, make an annual levy sufficient to meet the [annual or semiannual] payments of principal and interest on the bonds maturing as provided in NRS 350.010 to 350.200, inclusive [.] , as the same become due. The municipal corporation may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.

Sec. 19. NRS 350.200 is hereby amended to read as follows:

350.200 NRS 350.010 to 350.200, inclusive, shall not apply to:

1. Cities operating under charters framed and adopted by the electors thereof pursuant to section 8 of article VIII of the constitution of the State of Nevada [.] unless the provisions hereof are in any such charter adopted by reference hereto.

2. Public utility bonds payable wholly from the earnings of such public utility.

3. Any other type revenue bonds which are not payable under their terms and the proceedings authorizing their issuance under any circumstances from the proceeds of any general (ad valorem) taxes.

4. Any bonds payable from special assessments.

Sec. 20. Nothing herein contained shall be construed as impliedly repealing any provision in any act appertaining to any municipal corporation or other body corporate and politic other than a county, city and town, which provision adopts wholly or in part the provisions of NRS 350.010 to 350.200, inclusive, by reference thereto in such act.

Sec. 21. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 147ê

CHAPTER 103, AB 207

Assembly Bill No. 207–Committee on Judiciary

CHAPTER 103

AN ACT to amend NRS section 284.140, relating to the composition of the state’s unclassified service, by including employees other than clerical appointed by the attorney general in the unclassified service.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 284.140 is hereby amended to read as follows:

284.140 The unclassified service of the State of Nevada shall be comprised of positions held by state officers or employees in the executive department of the state government as follows:

1. Persons chosen by election or appointment to fill an elective office.

2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.

3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in such department, agency or institution.

4. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.

5. All employees other than clerical in the office of the attorney general required by law to be appointed by the attorney general.

6. Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada, or any other state institution of learning, and student employees of such institutions; but custodial, clerical or maintenance employees of such institutions shall be in the classified service. The board of regents shall assist the chief in carrying out the provisions of this chapter applicable to the University of Nevada.

[6.] 7. Officers and members of the Nevada National Guard.

[7.] 8. Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.

[8.] 9. Patient and inmate help in state charitable, penal, mental and correctional institutions.

[9.] 10. Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative duties.

[10.] 11. Such other officers and employees as are authorized by law to be employed in the unclassified service.

Sec. 2. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 148ê

CHAPTER 104, AB 247

Assembly Bill No. 247–Mr. Giomi

CHAPTER 104

AN ACT authorizing the city of Yerington to improve, extend, develop, and better its municipal sanitary sewer system; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $200,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The city council of the city of Yerington, in the County of Lyon and State of Nevada (herein sometimes designated as the “County,” and “City,” and the “State,” respectively), upon behalf and in the name of the City, and in addition to the powers elsewhere conferred upon the City, is hereby authorized and empowered, subject to the provisions of section 2 of this act:

1. To improve, extend, develop, and better the city’s sanitary sewer system, including without limitation, the acquisition by purchase, construction, reconstruction, lease, gift, transfer, assignment, option to purchase, or grant from the United States of America, or any agency, department, instrumentality, or corporation thereof, the State, or any agency or political subdivision thereof, or any other corporation or other person, endowment, bequest, devise, installation, condemnation, or other means of acquirement, alteration, extension, development, betterment, repair, or other improvement of pumping and gauging stations, engines, valves, pumps, meters, ventilation stations, ejector stations, inlets, submains, mains, laterals, trunks intercepting sewers, outfall sewers, force mains, combined storm sewer and sanitary sewer lines, collection, drainage or disposal lines, sewage treatment works, drying beds, sewage disposal facilities, and other facilities for the interception, transportation, treatment, purification or disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, and other property, real or personal, or both real and personal, including without limitation easements and other rights-of-way, for providing a municipal sewer system, and buildings, furnishings, apparatus, and sites therefor, lines, machinery, and equipment (or any combination thereof), and appurtenances (herein sometimes designated as the “Project”); and

2. To defray wholly or in part the cost of the Project by the issuance of the City’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $200,000.00, or such lesser amount as the Council shall determine to be necessary or desirable therefor.

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ê1965 Statutes of Nevada, Page 149 (CHAPTER 104, AB 247)ê

amendatory thereof, and the laws of the State relating to elections insofar as the same can be made applicable. If a majority of each of the white ballots and the colored ballots cast on the question so submitted is in favor of the issuance of the bonds, the proposal to issue them shall have carried, and the Council may thereafter proceed to issue the bonds designated in the proposal in accordance with the provisions of this act. If a majority of either color of ballots or of both the white ballots and the colored ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and the Council shall be without power to issue any of the bonds designated in the proposal. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election called for that purpose pursuant to the provisions of this act or as otherwise authorized by law.

Sec. 3. 1. The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, or a private sale, as the Council may determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Council, below par at a discount of not exceeding 6 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 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such cost the amount of discount permitted by the Council on the sale of the bonds.

2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

3. The Council may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

4. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Council, may include all or any part of the incidental costs appertaining 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, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with any bond election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council.

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ê1965 Statutes of Nevada, Page 150 (CHAPTER 104, AB 247)ê

6. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

7. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the City, the County, or any of the officers, agents and employees of the City.

8. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

Sec. 4. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the City.

Sec. 5. Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. 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.

Sec. 6. 1. The bonds of any series hereunder shall:

(a) Be of convenient denominations;

(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

(d) Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon or coupons appertaining to any bond may represent, or the first interest payment date may be for, interest accruing for any period not in excess of 1 year;

(f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Council; and

(g) Be printed at such place within or without the State as the Council may determine.

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ê1965 Statutes of Nevada, Page 151 (CHAPTER 104, AB 247)ê

respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Council may determine and state in the ordinance.

3. Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholder’s option, or for registration for payment only in either manner designated; 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 or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.

5. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Council may determine may be issued.

7. Notwithstanding any other provision of law, the Council in any proceedings authorizing bonds hereunder:

(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any; or

(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

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ê1965 Statutes of Nevada, Page 152 (CHAPTER 104, AB 247)ê

(1) Upon filing with the City evidence satisfactory to the Council that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof; and

(2) Upon furnishing the City with indemnity satisfactory to the Council,

upon complying with such reasonable regulations as the Council may prescribe, and upon the payment of such expenses as the County may incur in connection therewith.

11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city treasurer.

14. Any officer authorized or permitted to sign any bond or coupons, 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 bonds or coupons appertaining thereto, or upon both the bond and such coupons.

Sec. 7. Bonds issued hereunder shall be a debt of the City, and the City shall thereby pledge its full faith and credit for their payment.

Sec. 8. 1. The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the City, including the net proceeds of mines.

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ê1965 Statutes of Nevada, Page 153 (CHAPTER 104, AB 247)ê

3. It shall be the duty of the Council, of the board of county commissioners of Lyon County, and of any other body as may be charged with the duty of levying taxes in the City, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.

Sec. 9. 1. Before the Council shall cause to be delivered bonds hereunder, all such bonds shall be registered by the city 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; and

Sec. 12. 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.

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ê1965 Statutes of Nevada, Page 154 (CHAPTER 104, AB 247)ê

departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

Sec. 15. This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.

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ê1965 Statutes of Nevada, Page 155 (CHAPTER 104, AB 247)ê

Sec. 17. 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. 18. This act shall become effective upon passage and approval.

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CHAPTER 105, AB 248

Assembly Bill No. 248–Mr. Giomi

CHAPTER 105

AN ACT authorizing the city of Yerington to improve, extend, develop and better its municipal water system; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $250,000.00 and the levy of taxes in connection therewith; providing other details concerning the bonds and the taxes; and providing other matters properly relating thereto.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The city council of the city of Yerington, in the County of Lyon and State of Nevada (herein sometimes designated as the “Council,” the “City,” and the “State,” respectively), upon behalf and in the name of the City, and in addition the powers elsewhere conferred upon the City, is hereby authorized and empowered, subject to the provisions of section 2 of this act:

1. To improve, extend, develop, and better the City’s water system, including without limitation, the acquisition by purchase, construction, reconstruction, lease, gift, transfer, assignment, option to purchase, or grant from the United States of America, or any agency, department, instrumentality, or corporation thereof, the State, or any agency or political subdivision thereof, or any other corporation or other person, endowment, bequest, devise, installation, condemnation, or other means of acquirement, alteration, extension, development, betterment, repair, or other improvement of distribution and storage reservoirs, deep and shallow wells, pumping and gauging stations, inlets, tunnels, flumes, conduits, canals, ditches, pipes, mains, collection, transmission and distribution lines, infiltration galleries, hydrants, engines, valves, pumps, meters, filtration, treatment and purification plants and works, rights in water, interests in water structures and other facilities for water collection, transportation, treatment, purification, and distribution, and other property, real or personal, including without limitation easements and other rights-of-way, for providing a supply of raw or potable water, for irrigation, industrial, commercial, residential, culinary, or domestic use, and buildings, furnishings, apparatus, and sites therefor, lines, machinery, and equipment (or any combination thereof), and appurtenances (herein sometimes designated as the “Project”); and

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ê1965 Statutes of Nevada, Page 156 (CHAPTER 105, AB 248)ê

appurtenances (herein sometimes designated as the “Project”); and

2. To defray wholly or in part the cost of the Project by the issuance of the City’s negotiable, coupon, general obligation bonds (herein sometimes designated as the “bonds”), in the aggregate principal amount of not exceeding $250,000.00, or such lessor amount as the Council shall determine to be necessary or desirable therefor.

2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.

3. The Council may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.

4. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Council, may include all or any part of the incidental costs appertaining 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, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with any bond election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council.

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ê1965 Statutes of Nevada, Page 157 (CHAPTER 105, AB 248)ê

plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with any bond election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council.

6. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.

8. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.

Sec. 4. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the City.

Sec. 6. 1. The bonds of any series hereunder shall:

(a) Be of convenient denominations;

(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;

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ê1965 Statutes of Nevada, Page 158 (CHAPTER 105, AB 248)ê

principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;

(f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Council; and

(g) Be printed at such place within or without the State, as the Council may determine.

5. Pending preparations of the definitive bonds, temporary bonds in such form and with such provisions as the Council may determine may be issued.

7. Notwithstanding any other provision of law, the Council in any proceedings authorizing bonds hereunder:

(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called “bond”) aggregating the amount of the entire issue or any portion thereof;

(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;

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ê1965 Statutes of Nevada, Page 159 (CHAPTER 105, AB 248)ê

(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any; or

(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:

(1) Upon filing with the City evidence satisfactory to the Council that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof; and

(2) Upon furnishing the City with indemnity satisfactory to the Council,

upon complying with such reasonable regulations as the Council may prescribe, and upon the payment of such expenses as the City may incur in connection therewith.

11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city treasurer.

Sec. 7. Bonds issued hereunder shall be a debt of the City, and the City shall thereby pledge its full faith and credit for their payment.

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ê1965 Statutes of Nevada, Page 160 (CHAPTER 105, AB 248)ê

article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the City, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.

Sec. 9. 1. Before the Council shall cause to be delivered bonds hereunder, all such bonds shall be registered by the city 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; and

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ê1965 Statutes of Nevada, Page 161 (CHAPTER 105, AB 248)ê

the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.

Sec. 12. 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.

Sec. 13. It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations, or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank, or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association, or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, and other public body, corporation, or other person of any duty of exercising reasonable care in selecting securities.

Sec. 15. This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.

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ê1965 Statutes of Nevada, Page 162 (CHAPTER 105, AB 248)ê

Sec. 18. This act shall become effective upon passage and approval.

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CHAPTER 106, AB 273

Assembly Bill No. 273–Ormsby County Delegation

CHAPTER 106

AN ACT to amend an act entitled “An Act to incorporate Carson City,” approved February 25, 1875, as amended.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Section 6.2 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 22, Statutes of Nevada 1963, at page 19, is hereby amended to read as follows:

Section 6.2. 1. A city general election shall be held on the 1st [Monday in June 1963, and each 4 years thereafter on such day, at which election there shall be elected by the registered voters three councilmen, one of whom shall be the councilman at large and two of whom shall represent their respective wards, and all of whom shall hold office for the ensuing terms of 4 years.] Tuesday in June 1965, and each 4 years thereafter on such day, at which election there shall be elected by the registered voters two councilmen, both of whom shall:

(a) Represent their respective wards; and

(b) Hold office for the ensuing terms of 4 years.

2. A city general election shall be held on the 1st [Monday in June 1965, and each 4 years thereafter on such day, at which election there shall be elected by the registered voters two councilmen, both of whom shall:

(a) Represent their respective wards; and

(b) Hold office for the ensuing terms of 4 years.] Tuesday in June 1967, and each 4 years thereafter on such day, at which election there shall be elected by the registered voters three councilmen, one of whom shall be the councilman at large and two of whom shall represent their respective wards, and all of whom shall hold office for the ensuing terms of 4 years.

Sec. 2. Section 6.4 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 22, Statutes of Nevada 1963, at page 19, is hereby amended to read as follows:

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ê1965 Statutes of Nevada, Page 163 (CHAPTER 106, AB 273)ê

Section 6.4. 1. If more than two persons file declarations of candidacy for the same office, a city primary election to determine whose names shall be placed on the city general election ballot shall be held on the 1st [Monday] Tuesday in May of the year in which a city general election is to be held. The primary election ballot shall contain the names of all the candidates for the particular office. The names of the two candidates receiving the highest number of votes cast at the city primary election for the particular office shall be placed on the ballot for the city general election.

2. If not more than two persons file declarations of candidacy for the same office no city primary election shall be conducted for that office, and the names of such candidate or candidates shall appear on the city general election ballot.

Sec. 3. Section 6.6 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 22, Statutes of Nevada 1963, at page 20, is hereby amended to read as follows:

Section 6.6. 1. If, pursuant to the provisions of section 6.4, a city primary election is to be held, the city clerk shall publish a notice of the city primary election in a newspaper published in Carson City once a week for 2 successive weeks prior to the 1st [Monday] Tuesday in May. The notice shall contain:

(a) The date of the election.

(b) The location of the polling places.

(d) The names of the candidates.

(e) A list of the offices to which the candidates seek election.

2. The city clerk shall publish a notice of the city general election in a newspaper published in Carson City once a week for 2 successive weeks prior to the 1st [Monday] Tuesday in June. The notice shall contain the information required by paragraphs (a) to (e), inclusive, of subsection 1.

Sec. 4. Section 7.2 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 22, Statutes of Nevada 1963, at page 20, is hereby amended to read as follows:

Section 7.2. 1. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election.

2. The officers so elected shall qualify by taking the official oath provided by law and shall enter upon the discharge of their respective duties [5 days after the day on which the canvass of returns was made.] on July 1 following their election.

Sec. 5. Section 10b (13) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 141, Statutes of Nevada 1960, at page 199, is hereby amended to read as follows:

Section 10b. (13) Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of a majority of all members elected to the city council. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and [cost] costs of construction, and all incidental costs. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed [100 percent of] three times the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation.

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ê1965 Statutes of Nevada, Page 164 (CHAPTER 106, AB 273)ê

the amount of any special assessment upon any lot or premises for any one improvement exceed [100 percent of] three times the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding [100 percent of] three times the value of such lot or premises, which would otherwise be chargeable upon the lot or premises, shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvements contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto, except for surveys, maps, and such other preliminary acts as may be required to arrive at a preliminary estimate of the cost of the improvements, until after the notice and hearing provided for herein shall have been given or had, and until such time as the full amount of money necessary for the payment of the cost of such improvement has been set aside in a proper fund for that specific purpose. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.

Sec. 6. Section 10n of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 104, Statutes of Nevada 1941, at page 156, and amended by chapter 141, Statutes of Nevada 1960, at page 208, is hereby amended to read as follows:

Section 10n. The city council shall have [, among others, the following powers: To condemn property for the use of the inhabitants of the city, in the manner hereinafter provided. The city council shall appoint one referee, and the claimant or claimants or owner or owners of the property sought to be condemned shall appoint one referee, and in the event the two referees so appointed shall not agree in the valuation of the property or interest or interests claimed therein, then the two so appointed shall select a third referee, and the decision of the majority of such three, as to the valuation of the property or the interest or interests therein by them appraised, shall be reported to said city council and shall be by them regarded as final and binding unless the party deeming himself aggrieved by the decision of such referees shall appeal therefrom to the district court of the proper county within thirty days after notice of such decision shall have been served upon him; and upon the tender, in lawful money of the United States, of the sum named as the value of such property, interest, or interests to the claimant or claimants, owner or owners thereof, or his or their agent or attorney, such property, or the interest or interests therein appraised, shall become and be the property of the city, and said city council may, at any time after twenty days’ notice cause the city marshal to remove all persons and obstructions from such property, in case the same be real, and may take immediate possession of the condemned property, whether the same be real or personal. In case the claimant or claimants, owner or owners of property sought to be condemned, as herein provided, shall refuse or neglect, when required by said city council, to appoint a referee to value such property, then said city council shall appoint a board of appraisers of such property, and their valuation of the same shall be final and binding, subject to the right of appeal, as hereinbefore provided; but no act of condemnation of property, or any claim of interest therein, as herein provided, shall be deemed or held as an admission on the part of the city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or appraisers, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be of benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.]

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ê1965 Statutes of Nevada, Page 165 (CHAPTER 106, AB 273)ê

council, to appoint a referee to value such property, then said city council shall appoint a board of appraisers of such property, and their valuation of the same shall be final and binding, subject to the right of appeal, as hereinbefore provided; but no act of condemnation of property, or any claim of interest therein, as herein provided, shall be deemed or held as an admission on the part of the city, or the inhabitants thereof, of the legality of the asserted claim thereto or right therein; and in the condemnation of property, as in this act provided, the referees or appraisers, as the case may be, shall consider whether the proposed improvement, for which said property is so condemned, will be of any benefit to the person or persons owning or claiming the said property or some interest therein, and if they find that the same will be of benefit to such person or persons they shall estimate the value of such benefit to him or them, and deduct the amount thereof from the estimated value of the property or interest therein condemned.] the power to condemn property for public uses in accordance with the provisions of chapter 37 of NRS.

Sec. 7. This act shall become effective upon passage and approval.

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CHAPTER 107, AB 290

Assembly Bill No. 290–Mr. Swobe

CHAPTER 107

AN ACT to amend chapter 345 of NRS, relating to state publications, by adding a new section authorizing the secretary of state to have certain volumes of Nevada Reports reproduced by the superintendent of state printing for sale to the public; requiring that sale proceeds be deposited in the general fund in the state treasury; and providing other matters properly relating thereto.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 345 of NRS is hereby amended by adding thereto a new section which shall read as follows:

Within the limits of legislative appropriations, the secretary of state is authorized to pay the superintendent of state printing for the reproduction by printing or other reproductive process of volumes of Nevada Reports which are out of print or of limited supply in the office of the secretary of state. Such reproduced volumes may be bound so as to contain one or more volumes of the original Nevada Reports and shall be sold to the public at the prices provided in NRS 345.050. The proceeds of such sales shall be deposited by the secretary of state in the general fund in the state treasury.

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ê1965 Statutes of Nevada, Page 166ê

CHAPTER 108, SB 79

Senate Bill No. 79–Senator Parks

CHAPTER 108

AN ACT to amend an act entitled “An Act authorizing the board of county commissioners of Mineral County, Nevada, upon the recommendation of the board of hospital trustees of the Mt. Grant General Hospital, to sell the old hospital building and site; providing for the disposition of the net proceeds of such sale; and providing other matters properly relating thereto,” approved March 14, 1963.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. The preamble of the above-entitled act, being chapter 71, Statutes of Nevada 1963, at pages 71 and 72, is hereby repealed.

Sec. 2. Section 1 of the above-entitled act, being chapter 71, Statutes of Nevada 1963, at page 72, is hereby amended to read as follows:

Section 1. Notwithstanding the provisions of any other law, when construction of the new Mt. Grant General Hospital in Mineral County, Nevada, is completed and the hospital is in operation, the board of hospital trustees of the Mt. Grant General Hospital may, by resolution regularly adopted, recommend to the board of county commissioners of Mineral County, Nevada, that the old hospital and its site be sold. Upon receipt of such resolution from the board of hospital trustees the board of county commissioners may cause the old hospital and its site to be sold. The value of the real property and the improvements constituting the old hospital shall be determined by an appraisal made by three appraisers selected in the following manner. The board of county commissioners shall select one appraiser. The board of hospital trustees shall select one appraiser. The two appraisers so selected shall select a third appraiser. The costs of such appraisal shall be paid from the proceeds of the sale. Notice of intention to sell the real property and the improvements shall be given by publication in a newspaper of general circulation published in Mineral County, Nevada, once a week for 3 successive weeks. Any such sale shall be made to the highest responsible bidder at public auction at not less than 75 percent of the appraised value. All expenses of any such sale shall be paid from the proceeds of the sale. The net proceeds received from any such sale shall be deposited in the county treasury in a continuing construction fund to be used only for the purpose of constructing a [long-term indigent nursing home facility as a part of the new Mt. Grant General Hospital in Mineral County, Nevada.] new courthouse for Mineral County.

Sec. 3. This act shall become effective upon passage and approval.

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ê1965 Statutes of Nevada, Page 167ê

CHAPTER 109, SB 83

Senate Bill No. 83–Committee on Aviation, Transportation and Highways

CHAPTER 109

AN ACT to amend NRS section 484.0052, relating to the definition of “school bus,” by excluding common or contract carriers; and to amend NRS section 484.420, relating to vehicle brake equipment required, by allowing the mechanical brake connection to be by spring action or by equivalent means.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 484.0052 is hereby amended to read as follows:

484.0052 “School bus” means every motor vehicle owned by a public or governmental agency or a private school and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school. “School bus” does not include a motor vehicle owned and operated by a common or contract carrier under the jurisdiction of the Interstate Commerce Commission or the public service commission of Nevada when such vehicle is operated in the regular conduct of his business as a common or contract carrier in interstate or intrastate commerce within the State of Nevada.

Sec. 2. NRS 484.420 is hereby amended to read as follows:

484.420 1. Every motor vehicle, other than a motorcycle, when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels.

2. Every motorcycle, and bicycle with motor attached, when operated upon a highway shall be equipped with at least one brake, which may be operated by hand or foot.

3. Every trailer or semitrailer of a gross weight of 3,000 pounds or more when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from its cab, and the brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied.

4. Every new motor vehicle, trailer or semitrailer sold in this state after March 25, 1939, and operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle, except any motorcycle, and except that any semitrailer of less than 1,500 pounds gross weight need not be equipped with brakes. Trucks and truck-tractors having three or more axles need not have brakes on the front wheels.

5. In any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.

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ê1965 Statutes of Nevada, Page 168 (CHAPTER 109, SB 83)ê

with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.

6. One of the means of brake operation shall consist of a [mechanical] connection, mechanical or by spring action or by equivalent means, from the operating lever to the brake shoes or bands, and this brake shall be capable of holding the vehicle, or combination of vehicles, stationary under any condition of loading on any upgrade or downgrade upon which it is operated.

7. The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.

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CHAPTER 110, SB 86

Senate Bill No. 86–Committee on Aviation, Transportation and Highways

CHAPTER 110

AN ACT to amend chapter 482 of NRS, relating to vehicle registration, by allowing destruction of ineffective certificates of registration kept on file by the department of motor vehicles and requiring that the date of destruction be recorded.

[Approved March 5, 1965]

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. Notwithstanding the provisions of NRS 239.080, the director may order the destruction of certificates of registration 1 year after they are no longer effective.

2. The department shall keep a record showing when such certificates are destroyed.

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ê1965 Statutes of Nevada, Page 169ê

CHAPTER 111, SB 242

Senate Bill No. 242–Committee on Finance

CHAPTER 111

AN ACT making a supplemental appropriation from the general fund in the state treasury to the state department of conservation and natural resources for the California-Nevada compact commission; and providing other matters properly relating thereto.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. For the fiscal year ending June 30, 1965, there is hereby appropriated from the general fund in the state treasury the sum of $13,357 to the state department of conservation and natural resources for the California-Nevada compact commission as an additional and supplemental appropriation to that allowed and made by section 38 of chapter 476, Statutes of Nevada 1963.

Sec. 2. After June 30, 1965, any unexpended balance of the appropriation made by section 1 of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1965.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 112, SB 26

Senate Bill No. 26–Senator Slattery

CHAPTER 112

AN ACT to amend NRS section 281.055, relating to filing for or holding more than one salaried elective office, by providing that no person may file for or hold more than one elective office at the same time; preserving existing terms; and providing other matters properly relating thereto.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. NRS 281.055 is hereby amended to read as follows:

281.055 1. Except as otherwise provided in subsection 2, no person may:

(a) File nomination papers for more than one [salaried] elective office at any election.

(b) Hold more than one [salaried] elective office at the same time.

2. The provisions of subsection 1 shall not be construed to prevent any person from filing nomination papers for or holding an elective office of any special district (other than a school district), such as an irrigation district, a local or general improvement district, a soil conservation district or a fire protection district, and at the same time filing nomination papers for or holding an elective office of the state, or any political subdivision or municipal corporation thereof.

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ê1965 Statutes of Nevada, Page 170 (CHAPTER 112, SB 26)ê

Sec. 2. Any person who is an incumbent in two or more elective offices on the effective date of this act may serve the remainder of the terms for which he was elected or appointed.

Sec. 3. This act shall become effective upon passage and approval.

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CHAPTER 113, SB 84

Senate Bill No. 84–Committee on Judiciary

CHAPTER 113

AN ACT to amend chapter 129 of NRS, relating to the age of majority, by adding new sections allowing any emancipated minor, any minor who has contracted a lawful marriage or any person standing in loco parentis to a minor, in an emergency when the parents of such minor cannot be located, to give binding consent for the furnishing of hospital, medical and surgical care; and providing other matters properly relating thereto.

[Approved March 5, 1965]

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

Section 1. Chapter 129 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. Notwithstanding any other provision of law, and without limiting cases in which consent may otherwise be obtained or is not required, any emancipated minor or any minor who has contracted a lawful marriage may give consent to the furnishing of hospital, medical and surgical care to himself, and his consent shall not be subject to disaffirmance because of minority. The consent of the parent or parents of such minor shall not be necessary in order to authorize hospital, medical and surgical care. For the purposes of this section only, subsequent judgment of annulment of such marriage or judgment of divorce shall not deprive such person of his adult status once attained.

Sec. 3. Notwithstanding any other provision of law, in cases of emergency in which a minor is in need of immediate hospitalization, medical attention or surgery and, after reasonable efforts made under the circumstances, the parents of such minor cannot be located for the purpose of consenting thereto, consent for such emergency attention may be given by any person standing in loco parentis to such minor.

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ê1965 Statutes of Nevada, Page 171ê

CHAPTER 114, SB 133

Senate Bill No. 133–Committee on Judiciary

CHAPTER 114

AN ACT to amend NRS sections 146.070, 145.040 and 145.100, relating to administration of estates of deceased persons, by increasing the maximum sizes of estates which may be set aside without administration and those eligible for summary administration; and to amend NRS sections 19.120 to 19.140, inclusive, 19.160 to 19.250, inclusive, 19.270 and 19.280, relating to fees charged by county clerks, by making such sections conform to the new estate categories; and providing other matters properly relating thereto.

[Approved March 5, 1965]

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,] $3,000, 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. 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,] $1,000, 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 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 decedent’s property.

(b) A list of all the liens, encumbrances of record at the date of his death.

(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,] $3,000 or $1,000, 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.

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ê1965 Statutes of Nevada, Page 172 (CHAPTER 114, SB 133)ê

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 clerk’s 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] $1,000 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,] $3,000 or $1,000, 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. NRS 145.040 is hereby amended to read as follows:

145.040 When it shall be made to appear to the court or judge, by affidavit or otherwise, that the gross value of the whole estate does not exceed [$3,000,] $5,000, the court or judge may, if deemed advisable, make an order for a summary administration of the estate.

Sec. 3. NRS 19.120 is hereby amended to read as follows:

19.120 1. The county clerk of Churchill County shall charge and collect the following fees:

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law................................................ $17.00

On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.......................................................... 10.00

For every additional defendant, appearing separately............ 5.00

On the filing of any paper in intervention........................................ 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than [$400] $1,000 and less than [$3,000] $5,000............................................................ 15.00

Where the stated value of the estate is in excess of [$3,000] $5,000 25.00

Where the stated value of the estate is less than [$400,] $1,000, no fee shall be collected.

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ê1965 Statutes of Nevada, Page 173 (CHAPTER 114, SB 133)ê

On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil..................................................................................... $5.00

On filing a petition to contest any will or codicil, to be paid by the petitioner ............................................................................................. 15.00

On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion...... 5.00

For issuing an execution or order of sale in any action................. 1.00

For filing a notice of appeal and appeal bonds, each..................... 1.00

For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage.................................................. 2.50

For any copy of any record, proceeding or paper on file in the office of the clerk:

When the copy is typed by him, per folio................................. .20

When the copy is photostated, for the first page.................... .50

For each additional page photostated....................................... .50

For each certificate of the clerk, under the seal of the court......... .75

For filing remittitur from the supreme court..................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto............. 1.00

For filing and docketing abstract of judgment of a justice’s court 1.00

For issuing execution thereon..................................................... 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk 1.00

For comparing such copy with the original, per folio.............. .05

For filing and indexing articles of incorporation............................. 1.00

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement........................... 1.00

For filing and recording a bond of a notary public......................... 2.50

For administering each oath, without a certificate, except in a pending action or proceeding........................................................................ .50

For taking any affidavit, except in criminal cases............................ .50

For searching records or files in the office of the clerk, for each year .50

For taking acknowledgments............................................................. 1.00 For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

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ê1965 Statutes of Nevada, Page 174 (CHAPTER 114, SB 133)ê

For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.

For each name, where the certificate contains in excess of four names $0.25

2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.

3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.

4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Churchill County, or any city or town within Churchill County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.

5. The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

Sec. 4. NRS 19.130 is hereby amended to read as follows:

19.130 1. The county clerk of Clark County shall charge and collect the following fees:

On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee now provided by law, to be paid by the party commencing such action or proceeding or transfer $17.00

On an appeal to the district court of any case from a justice’s court or a municipal court, or on the transfer of any case from a justice’s court or a municipal court, in addition to the court fee now provided by law.......................................................................................... 7.00

On the filing of a petition for letters testamentary, or of administration or guardianship, which fee shall include the court fee now provided by law, to be paid by the petitioner:

Where the stated value of the estate is more than [$400] $1,000 and less than [$3,000] $5,000............................................................ 15.00

Where the stated value of the estate is [$3,000] $5,000 or more 25.00

Where the stated value of the estate is [$400] $1,000 or less, no fee may be charged or collected.

On filing a petition to contest any will or codicil, to be paid by the petitioner ............................................................................................. 15.00 On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party $5.00

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ê1965 Statutes of Nevada, Page 175 (CHAPTER 114, SB 133)ê

On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them.......................................................... 10.00

For every additional defendant, appearing separately............ 5.00

On the filing of any paper in intervention........................................ 10.00

2. The clerk shall also be entitled to charge and collect the following fees and compensation not provided for in subsection 1:

For issuing an execution or order of sale, in any action................ $1.00

For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same and which shall be in full for all services to be rendered in connection with the motion.................................................................................... 5.00

For filing a notice of appeal and appeal bond, each....................... 1.00

For filing remittitur from the supreme court..................................... 1.00

For recording judgment entered thereon, per folio.................. .20

For issuing transcript of judgment and certifying thereto............. 1.00

For filing and docketing abstract of judgment of justice’s court. 1.00

For issuing execution thereon..................................................... 1.00

For preparing any copy of any record, proceeding or paper on file in his office:

When such copy is typed, per folio........................................... .20

When such copy is photostated, for each page...................... .60

For each certificate of the clerk, under the seal of the court... 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate... 1.00

For comparing such copy with the original, per folio.............. .05

For filing and indexing articles of incorporation............................. 2.50

For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement, or bond companies 1.00

For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity............................. 1.00 For administering each oath, without certificate, except in a pending action or proceeding...................... $1.00

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ê1965 Statutes of Nevada, Page 176 (CHAPTER 114, SB 133)ê

For administering each oath, without certificate, except in a pending action or proceeding........................................................................ $1.00

For issuing any certificate under seal, not otherwise provided for 1.00

For taking any affidavit, except in criminal cases............................ .50

For taking acknowledgment of any deed or other instrument...... .50

When certificate is prepared by him........................................... 1.00

For searching records or files in his office, for each year, but not to charge suitors or members of the State Bar of Nevada............... .50

For filing and recording a bond of a notary public......................... 2.50

3. No fee shall be charged by the clerk for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings. The clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada, Clark County, or any city or town within Clark County, or any officer thereof in his official capacity.

4. Out of each fee collected on the commencement of any action or proceeding in the district court, except probate and guardianship proceedings, or on an appeal thereto, or on the transfer of any case from a justice’s court or a municipal court, the clerk shall set aside the sum of $3 to be paid into the county treasury of Clark County for the benefit of the Clark County law library fund, which fund is hereby created. All other fees collected by the clerk shall be paid into the county treasury of Clark County on or before the 5th day of the month succeeding the month in which such fees are collected for the benefit of the general fund.

5. When and if, by reason of the payment of fees provided for in subsection 4, there shall accumulate a sum in the Clark County law library fund in excess of $3,000, the board of county commissioners of Clark County shall transfer from time to time as such excess may accrue all of the excess above the sum of $3,000.

Sec. 5. NRS 19.140 is hereby amended to read as follows:

19.140 1. The county clerk of Douglas County shall be allowed to charge and collect the following fees:

On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing such action or proceeding, or taking such appeal..................................................................................... $15.00

For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds [$400] $1,000 in value............ 5.00

For services in probate proceedings wherein a summary administration shall be ordered............................................................................. 15.00

For services in probate proceedings wherein summary administration is not ordered................................................................................... 25.00

On filing a petition to contest any will or codicil, to be paid by the petitioner ............................................................................................. 15.00 On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them $10.00

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ê1965 Statutes of Nevada, Page 177 (CHAPTER 114, SB 133)ê

For every additional defendant appearing separately............. 5.00

The foregoing fees shall be in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.

On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing same shall pay to the clerk, in full for all services to be rendered in connection with the motion. 5.00

For issuing an execution or order of sale, in any action................ 1.00

For filing a notice of appeal and appeal bonds, each..................... 1.00

2. The clerk shall also be entitled to charge and collect the following fees and compensation not mentioned in subsection 1:

For any copy of any record, proceeding or paper on file in the office of the clerk relating to any civil action theretofore tried or pending in the court, when such copy is made by him, per folio............ $0.30

For each certificate of the clerk, under the seal of the court......... 1.00

For filing each claim in probate of insolvency proceedings, to be paid by the party filing such claim......................................................... .25

3. For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:

For issuing marriage licenses, one-half to be paid to the county recorder $2.00

For filing, indexing and registering certificates of copartnership. 2.50

For filing and indexing articles of incorporation............................. 2.50

For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each....................................... 1.00

For issuing any license required by law, other than marriage licenses 1.00

For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate... 1.00

For comparing the copy with the original, per folio................. .05

For making satisfaction of or credit on judgment........................... .25

For filing and receiving remittitur from supreme court................... 1.00

For administering each oath without certificate, except in a pending action or proceeding............................................................................ .50

For taking an affidavit, except in criminal cases.............................. .50 For taking and approving each undertaking and the justification thereof, except in criminal cases $1.00

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ê1965 Statutes of Nevada, Page 178 (CHAPTER 114, SB 133)ê

For taking and approving each undertaking and the justification thereof, except in criminal cases....................................................... $1.00

For searching records or files in his office, for each year (but no charge to suitors or attorneys)............................................................ .50

For taking acknowledgment of any deed or other instrument, including the certificate............................................................................... 1.00

4. The clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or Douglas County, or any city or town within Douglas County, or any officer thereof in his official capacity. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

5. The clerk shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month.

Sec. 6. NRS 19.160 is hereby amended to read as follows:

19.160 1. The county clerk of Esmeralda County shall charge and collect the following fees:

For every additional defendant, appearing separately............ 5.00

On the filing of any paper in intervention........................................ 10.00

On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:

Where the stated value of the estate is more than [$400] $1,000 and less than [$3,000] $5,000............................................................ 15.00

Where the stated value of the estate is in excess of [$3,000] $5,000 25.00

Where the stated value of the estate is less than [$400,] $1,000, no fee shall be collected.

On filing a petition to contest any will or codicil, to be paid by the petitioner ............................................................................................. 15.00 On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion............................ $5.00

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ê1965 Statutes of Nevada, Page 179 (CHAPTER 114, SB 133)ê