[Rev. 3/1/2019 5:34:39 PM]
κ1957 Statutes of Nevada, Page 601 (CHAPTER 355, AB 438)κ
chapter shall be provided by direct legislative appropriation from the state highway fund, upon presentation of budgets in the manner required by law.
2. All costs of administration of this chapter shall be paid from the legislative appropriation made from the state highway fund on claims presented by the [tax commission,] department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
Sec. 49. NRS 366.140 is hereby amended to read as follows:
366.140 1. Every special fuel dealer, special fuel user and every person importing, manufacturing, refining, dealing in, transporting or storing special fuel in this state shall keep such records, receipts and invoices and other pertinent papers with respect thereto as the [tax commission] department may require.
2. Such records, receipts, invoices, and other pertinent papers shall be preserved intact for a period of 3 years.
3. The records, receipts, invoices and other pertinent papers shall be available at all times during the business hours of the day to the [tax commission] department or its duly authorized agents.
Sec. 50. NRS 366.150 is hereby amended to read as follows:
366.150 1. The [tax commission] department or its duly authorized agents are empowered:
(a) To examine the books, papers, records and equipment of any special fuel dealer, special fuel user or person dealing in, transporting or storing special fuel as defined in NRS 366.060; and
(b) To investigate the character of the disposition which any person makes of such fuel,
in order to ascertain and determine whether all excise taxes due under this chapter are being properly reported and paid.
2. The fact that such books, papers, records and equipment are not maintained in this state at the time of demand shall not cause the [tax commission] department to lose any right of examination under this chapter when and where such books, papers, records and equipment become available.
Sec. 51. NRS 366.170 is hereby amended to read as follows:
366.170 The [tax commission] department may, upon request from officials to whom are entrusted the enforcement of the special fuel tax law of any other state, the District of Columbia, the United States, its territories and possessions, forward to such officials any information which it may have relative to the receipt, storage, delivery, sale, use or other disposition of special fuel by any special fuel dealer or special fuel user, provided such other state, district, territory and possession furnishes like information to this state.
Sec. 52. NRS 366.180 is hereby amended to read as follows:
366.180 1. It shall be unlawful for the [tax commission] department or any person having an administrative duty under this chapter to divulge or to make known in any manner whatever the business affairs, operations or information obtained by an investigation of records of any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth or disclosed in any report, or to permit any report or copy thereof to be seen or examined by any person except as provided by NRS 366.160 and 366.170.
κ1957 Statutes of Nevada, Page 602 (CHAPTER 355, AB 438)κ
or any particular thereof set forth or disclosed in any report, or to permit any report or copy thereof to be seen or examined by any person except as provided by NRS 366.160 and 366.170.
2. Any violation of the provisions of this section shall be a misdemeanor and shall be punished by a fine not exceeding $1,000, or by imprisonment in the county jail not exceeding 1 year, or by both fine and imprisonment.
Sec. 53. NRS 366.200 is hereby amended to read as follows:
366.200 1. The sale or use of special fuel for any purpose other than to operate or propel a motor vehicle upon the public highways of Nevada shall be exempt from the application of the tax imposed by NRS 366.190. The exemption provided in this subsection shall apply only in those cases where the purchasers or the users of special fuel shall establish to the satisfaction of the [tax commission] department that the special fuel purchased or used was used for purposes other than to operate or propel a motor vehicle upon the public highways of Nevada.
2. Sales made to the United States Government or any instrumentality thereof shall be exempt from the tax imposed by this chapter.
3. Sales made to the state, a county, a municipality, a district or other political subdivision thereof shall be exempt from the tax imposed by this chapter.
Sec. 54. NRS 366.220 is hereby amended to read as follows:
366.220 It shall be unlawful for any special fuel user to use special fuel within this state unless such special fuel user is the holder of a special fuel users license issued to him by the [tax commission.] department.
Sec. 55. NRS 366.230 is hereby amended to read as follows:
366.230 Every user of special fuels, as defined in this chapter, must, prior to the use of such fuel, apply to the [tax commission] department on a form prescribed by the [tax commission] department for a special fuel users license and a special fuel vehicle permit for each vehicle propelled by fuel subject to tax under this chapter.
Sec. 56. NRS 366.240 is hereby amended to read as follows:
366.240 1. Upon receipt of the application in proper form, the [tax commission] department shall issue to the applicant a special fuel users license and special fuel vehicle permit.
2. The [tax commission] department may refuse to issue a special fuel users license or special fuel vehicle permit to any person:
(a) Who formerly held a special fuel users permit which, prior to the time of filing the application, has been revoked for cause; or
(b) Who is a subterfuge for the real party in interest whose license or permit, prior to the time of filing the application, has been revoked for cause; or
(c) Who neglects or refuses to furnish bond as required by the [tax commission;] department; or
(d) Upon other sufficient cause being shown.
Sec. 57. NRS 366.250 is hereby amended to read as follows:
366.250 Any applicant whose application for a special fuel users license has been denied may petition the [tax commission] department for a hearing. The [tax commission] department shall:
1. Grant the applicant a hearing.
κ1957 Statutes of Nevada, Page 603 (CHAPTER 355, AB 438)κ
2. Give him at least 10 days written notice of the time and place of the hearing.
Sec. 58. NRS 366.270 is hereby amended to read as follows:
366.270 Whenever any person ceases to be a special fuel user within the state by reason of discontinuance, sale or transfer of the business of such person, such special fuel user shall:
1. Notify the [tax commission] department in writing at the time the discontinuance, sale or transfer takes effect. Such notice shall give the date of discontinuance and, in the event of a sale, the date thereof and the name and address of the purchaser or transferee thereof.
2. Make a report and pay all such taxes, interest and penalties and surrender to the [tax commission] department the license certificate theretofore issued to such special fuel user by the [tax commission.] department.
3. Remove the special fuel vehicle permit from the windshield of the vehicle if the vehicle passes from his control.
Sec. 59. NRS 366.280 is hereby amended to read as follows:
366.280 It shall be unlawful for any person to act as a special fuel dealer unless such person is the holder of a special fuel dealers license issued to him by the [tax commission.] department.
Sec. 60. NRS 366.290 is hereby amended to read as follows:
366.290 Every seller of special fuels, as defined in this chapter, must, prior to engaging in the business as a seller of special fuels for the propulsion of motor vehicles, apply to the [tax commission] department on a form prescribed by the [tax commission] department for a special fuel dealers license.
Sec. 61. NRS 366.300 is hereby amended to read as follows:
366.300 The [tax commission] department shall require a bond duly executed by an applicant for a special fuel dealers license. The total amount of the bond shall be fixed by the [tax commission] department at twice the estimated amount of the monthly tax, determined in such manner as the [tax commission] department shall deem proper, and may be increased or reduced by the [tax commission] department at any time subject to the limitations prescribed in NRS 366.550.
Sec. 62. NRS 366.310 is hereby amended to read as follows:
366.310 1. Upon receipt of the application and bond in proper form, the [tax commission] department shall issue to the applicant a special fuel dealers license.
2. The [tax commission] department may refuse to issue a special fuel dealers license to any person:
(a) Who formerly held a special fuel dealers license which, prior to the time of filing the application, has been revoked for cause; or
(b) Who is a subterfuge for the real party in interest whose license or permit, prior to the time of filing the application, has been revoked for cause; or
(c) Upon other sufficient cause being shown.
Sec. 63. NRS 366.320 is hereby amended to read as follows:
366.320 Any applicant whose application for a special fuel dealers license has been denied may petition the [tax commission] department for a hearing. The [tax commission] department shall:
1. Grant the applicant a hearing.
κ1957 Statutes of Nevada, Page 604 (CHAPTER 355, AB 438)κ
2. Give him at least 10 days written notice of the time and place of the hearing.
Sec. 64. NRS 366.340 is hereby amended to read as follows:
366.340 Whenever any person ceases to be a special fuel dealer within the state by reason of discontinuance, sale or transfer of the business of such person, such special fuel dealer shall:
1. Notify the [tax commission] department in writing at the time the discontinuance, sale or transfer takes effect. The notice shall give the date of discontinuance, and, in the event of sale, the date thereof and the name and address of the purchaser or transferee thereof.
2. Make a report and pay all such taxes, interest and penalties and surrender to the [tax commission] department the license certificate theretofore issued to such special fuel dealer by the [tax commission.] department.
Sec. 65. NRS 366.350 is hereby amended to read as follows:
266.350 1. The [tax commission] department may revoke the license of any special fuel dealer or special fuel user for reasonable cause.
2. Before revoking a license, the [tax commission] department shall send a notice by registered mail to the licensee at his last-known address ordering him to appear before the [tax commission] department at a time not less than 10 days after the mailing of such notice and show cause why the license should not be revoked.
Sec. 66. NRS 366.360 is hereby amended to read as follows:
366.360 1. The [tax commission] department shall cancel any license to act as a special fuel dealer or a special fuel user immediately upon the surrender thereof by the holder.
2. If a surety shall have lodged with the [tax commission] department a written request to be released and discharged of liability, the [tax commission] department immediately shall notify the special fuel dealer or special fuel user who furnished the bond, and unless the special fuel dealer or special fuel user, on or before the expiration of a 30-day period, shall file a new bond as required by the [tax commission,] department, or make a deposit in lieu thereof as provided in NRS 366.550, the [tax commission] department forthwith shall cancel the special fuel dealers or special fuel users license.
3. If a special fuel dealer or special fuel user becomes delinquent in the payment of excise taxes as prescribed by this chapter to the extent that his liability exceeds the total amount of bond furnished by the special fuel dealer or the special fuel user, the [tax commission] department shall cancel his license immediately.
Sec. 67. (Deleted by amendment.)
Sec. 68. NRS 366.390 is hereby amended to read as follows:
366.390 The [tax commission] department shall allow each dealer an amount equal to 2 percent of the amount collected by such dealer as a fee for making such collection.
Sec. 69. NRS 366.400 is hereby amended to read as follows:
366.400 If the [tax commission] department is not satisfied with the report filed or amount of excise tax paid to the state by any user, the [tax commission] department is authorized and empowered to make an additional assessment of excise tax due from such user based upon any information available to it.
κ1957 Statutes of Nevada, Page 605 (CHAPTER 355, AB 438)κ
make an additional assessment of excise tax due from such user based upon any information available to it.
Sec. 70. NRS 366.430 is hereby amended to read as follows:
366.430 The [tax commission] department shall give the user written notice of such additional assessment. The notice may be served personally or by mail; if by mail, service shall be made in the manner prescribed by rule 5 of Nevada Rules of Civil Procedure, and addressed to the user at his address as the same appears in the records of the [tax commission.] department.
Sec. 71. NRS 366.450 is hereby amended to read as follows:
366.450 If any special fuel dealer or special fuel user neglects or refuses to make a report as required by this chapter, the [tax commission] department shall make an estimate, based upon any information available to it, for the month or months in respect to which such special fuel dealer or special fuel user failed to make a report of the amount of fuel sold or used by such special fuel dealer or special fuel user. Upon the basis of such estimate, the [tax commission] department shall compute and assess the excise tax due from such special fuel dealer or special fuel user under this chapter, adding to the sum thus determined a penalty equal to 25 percent thereof.
Sec. 72. NRS 366.470 is hereby amended to read as follows:
366.470 The [tax commission] department shall give to such special fuel dealer or special fuel user written notice of such assessment provided for in NRS 366.450, the notice to be served personally or by mail in the same manner as prescribed for service of notice in NRS 366.430.
Sec. 73. NRS 366.490 is hereby amended to read as follows:
366.490 1. If a petition for redetermination is filed within the 15-day period, the [tax commission] department shall reconsider the assessment and, if the special fuel dealer or special fuel user has so requested in his petition, shall grant him an oral hearing and shall give him 10 days notice of the time and place of the hearing.
2. The [tax commission] department shall have the power to continue the hearing from time to time as may be necessary.
Sec. 74. NRS 366.500 is hereby amended to read as follows:
366.500 The order or decision of the [tax commission] department upon a petition for redetermination shall become final 15 days after service of notice thereof.
Sec. 75. NRS 366.520 is hereby amended to read as follows:
366.520 An assessment made by the [tax commission] department pursuant to NRS 366.400 to 366.470, inclusive, shall be presumed to be correct, and in any case where the validity of the assessment is drawn in question, the burden shall be on the person who challenges the assessment to establish by a fair preponderance of the evidence that it is erroneous or excessive, as the case may be.
Sec. 76. NRS 366.550 is hereby amended to read as follows:
366.550 1. When the [tax commission] department may deem it necessary, or when specifically provided by this chapter, an applicant for a special fuel dealers license or an applicant for a special fuel users license, or a holder of a special fuel dealers license or a special fuel users license, must provide a bond duly executed by the applicant or holder of a special fuel dealers license or holder of a special fuel users license as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada.
κ1957 Statutes of Nevada, Page 606 (CHAPTER 355, AB 438)κ
fuel users license, must provide a bond duly executed by the applicant or holder of a special fuel dealers license or holder of a special fuel users license as principal, and by a corporation qualified under the laws of this state as surety, payable to the State of Nevada, conditioned upon the faithful performance of all of the requirements of this chapter and upon the punctual payment of all excise taxes, penalties and interest due to the State of Nevada. The total amount of the bond shall be fixed by the [tax commission] department at twice the estimated amount of the monthly tax, determined in such manner as the [tax commission] department shall deem proper, and may be increased or reduced by the [tax commission] department at any time subject to the limitations prescribed in this chapter, but the total amount of the bond shall not exceed $10,000.
2. No recovery on any bond, nor the execution of any new bond, nor the suspension or revocation of any special fuel dealers license or special fuel users license shall affect the validity of any bond.
3. In lieu of a bond or bonds an applicant for a special fuel dealers license or special fuel users license or the holder of a special fuel dealers license or special fuel users license may deposit with the state treasurer, under such terms as the [tax commission] department may prescribe, a like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the [tax commission.] department.
Sec. 77. NRS 366.560 is hereby amended to read as follows:
366.560 Whenever any special fuel user or special fuel dealer shall be delinquent in the payment of any obligation imposed under this chapter, the [tax commission] department may transmit notice of such delinquency to the attorney general or the district attorney of the proper county, who shall proceed at once, by appropriate legal action, to collect all sums due the state from such special fuel user or special fuel dealer.
Sec. 78. NRS 366.580 is hereby amended to read as follows:
366.580 In any suit brought to enforce the rights of the state under this chapter, a verified claim by the [tax commission] department showing the delinquency shall be prima facie evidence of the amount of such obligation, of such delinquency and of compliance by the [tax commission] department with all provisions of this chapter relating to such obligation.
Sec. 79. NRS 366.620 is hereby amended to read as follows:
366.620 1. If the ownership of a motor vehicle subject to the lien provided for by NRS 366.590 is transferred, whether by operation of law or otherwise, no certificate of registration or certificate of ownership with respect to such motor vehicle shall be issued by the [motor vehicle division of the public service commission of Nevada] department of motor vehicles to the transferee or person otherwise entitled thereto until the [tax commission] department has issued a certificate that such lien has been removed.
2. No license issued under chapter 706 of NRS with respect to a motor vehicle which becomes subject to the lien provided for by NRS 366.590 shall be transferred until the [tax commission] department has issued a certificate that such lien has been removed.
κ1957 Statutes of Nevada, Page 607 (CHAPTER 355, AB 438)κ
366.590 shall be transferred until the [tax commission] department has issued a certificate that such lien has been removed.
Sec. 80. NRS 366.630 is hereby amended to read as follows:
366.630 1. If any user is delinquent in the payment of any obligation imposed under this chapter, the [tax commission] department may give notice of the amount of such delinquency by registered mail to all persons having in their possession or under their control any credits or other personal property belonging to such user, or owing any debts to such user at the time of the receipt by them of such notice. Thereafter any person so notified shall neither transfer nor make other disposition of such credits, personal property or debts until the [tax commission] department shall have consented to a transfer or disposition or until 20 days shall have elapsed from and after the receipt of such notice.
2. All persons so notified must, within 5 days after the receipt of such notice, advise the [tax commission] department of any and all such credits, personal property or debts in their possession, under their control or owing by them, as the case may be.
Sec. 81. NRS 366.640 is hereby amended to read as follows:
366.640 The remedies of the state provided for in this chapter shall be cumulative, and no action taken by the [tax commission] department shall be construed to be an election on the part of the state or any of its officers to pursue any remedy under this chapter to the exclusion of any other remedy for which provision is made in this chapter.
Sec. 82. NRS 366.650 is hereby amended to read as follows:
366.650 1. If illegally or through error the [tax commission] department collects or receives any excise tax, penalty or interest imposed under this chapter, the excise tax, penalty or interest shall be refunded to the person paying the same. Written application for refund, stating the specific grounds therefor, shall be made within 2 years after the date of payment, whether or not the excise tax, penalty or interest was paid voluntarily or under protest.
2. Refunds shall not be made to successors or assigns in business of the person making the payment. Refunds shall be made to an estate or heir of such person if written application is made within the time limit and accompanied by proper authority from a probate court.
3. Any amount determined to be refundable by the [tax commission] department shall first be credited on any amounts then due and payable from the special fuel dealer or special fuel user to whom the refund is due, and the [tax commission] department shall then certify to the state board of examiners the balance thereof.
4. All amounts refunded under the provisions of this chapter shall be paid from the state highway fund on claims presented by the [tax commission,] department, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
5. Users operating interstate who can prove to the satisfaction of the [tax commission] department that their purchases in Nevada exceed their use over the highways of this state for a certain month may apply for a refund or apply credit in lieu of refund to succeeding reports.
κ1957 Statutes of Nevada, Page 608 (CHAPTER 355, AB 438)κ
may apply for a refund or apply credit in lieu of refund to succeeding reports.
Sec. 83. NRS 366.660 is hereby amended to read as follows:
366.660 1. No injunction, writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this state or any officer therof to prevent or enjoin the collection under this chapter of any excise tax or other amount required to be collected.
2. After payment of any such excise tax or other amount under protest, duly verified and setting forth the grounds of objection to the legality thereof, filed with the [tax commission] department at the time of payment of the tax or other amount protested, the special fuel dealer or special fuel user making the payment may bring an action against the state treasurer in the district court in and for Ormsby County for the recovery of the amount so paid under protest.
Sec. 84. NRS 366.680 is hereby amended to read as follows:
366.680 1. If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any excise tax or other amount due from the plaintiff under this chapter, and the balance of the judgment shall be refunded to the plaintiff.
2. In any judgment, interest shall be allowed at the rate of 6 percent per annum upon the amount found to have been collected illegally from the date of payment of such amount to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warrant by not more than 30 days, such date to be determined by the [tax commission.] department.
Sec. 85. NRS 366.720 is hereby amended to read as follows:
366.720 Any person who shall:
1. Fail or refuse to pay the tax imposed by this chapter;
2. Engage in business in this state as a special fuel user or special fuel dealer without being the holder of an uncanceled license to engage in such business;
3. Operate a motor vehicle which requires special fuel upon the highways of this state without a valid special fuel vehicle permit;
4. Fail to make any of the reports required by this chapter;
5. Make any false statement in any application, report or statement required by this chapter:
6. Refuse to permit the [tax commission] department or any duly authorized agent to examine records as provided by this chapter;
7. Fail to keep proper records of quantities of special fuel received, produced, refined, manufactured, compounded, used or delivered in this state as required by this chapter; or
8. Make any false statement in connection with an application for the refund of any moneys or taxes provided in this chapter,
shall be guilty of a misdemeanor.
Sec. 86. Chapter 481 of NRS is hereby amended by adding thereto the provisions set forth as sections 87 to 105, inclusive, of this act.
Sec. 87. As used in this chapter:
1. Department means the department of motor vehicles.
2. Director means the director of the department of motor vehicles.
κ1957 Statutes of Nevada, Page 609 (CHAPTER 355, AB 438)κ
Sec. 88. 1. The department of motor vehicles is hereby created.
2. The department of motor vehicles is vested with the powers and authority provided in this chapter and shall carry out the purposes of this chapter.
Sec. 89. 1. After July 1, 1957, except as otherwise provided therein, the department of motor vehicles shall execute, administer and enforce, and perform the functions and duties provided in:
(a) Title 43 of NRS relating to vehicles and watercraft;
(b) Chapter 706 of NRS relating to licensing of motor vehicle carries and the use of public highways by such carriers.
2. After July 1, 1959, except as otherwise provided therein, the department of motor vehicles shall execute, administer and enforce, and perform the function and duties provided in chapters 365 and 366 of NRS relating to imposition and collection of taxes on gasoline and special fuels used for motor vehicles.
Sec. 90. 1. After July 1, 1957, the functions previously carried on by the public service commission of Nevada and the drivers license division thereof concerning highway safety shall be administered by the department of motor vehicles.
2. This section shall not be construed to remove from the jurisdiction of the department of highways:
(a) Any other functions allowed to or required of it by NRS 402.170; or
(b) Any functions concerning marking or posting signs on or alongside public highways.
3. It is intended by this section that the department of highways shall retain its control over the physical aspects of the public highways, and that the department of motor vehicles shall control the manner and type of use of the public highways by the public.
4. The functions of the department of motor vehicles concerning highway safety shall not be duplicated by any other agency, department, commission or officer of the State of Nevada.
Sec. 91. The office of director of the department of motor vehicles is hereby created.
Sec. 92. 1. Until July 1, 1959, the chairman of the public service commission of Nevada shall be ex officio director of the department of motor vehicles. He shall receive no salary as such and his only compensation shall be as provided in NRS 703.080, but he shall receive the per diem expense allowance and travel expenses as provided by law.
2. On and after July 1, 1959, the director shall be appointed by the governor. The director shall be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration. He shall hold office for a term of 4 years from and after his appointment or until his successor shall have been appointed. He shall not be in the classified service of the state.
3. For the period beginning July 1, 1958, and ending June 30, 1959, there is hereby created in the department of motor vehicles the office of deputy director, which office shall be in the unclassified service of the state. The deputy director shall be appointed by the governor, and shall be selected with special reference to his training, experience, capacity and interest in the field of motor vehicle administration. He shall receive an annual salary not to exceed $9,600, and the per diem expense allowance and travel expenses as provided by law.
κ1957 Statutes of Nevada, Page 610 (CHAPTER 355, AB 438)κ
shall receive an annual salary not to exceed $9,600, and the per diem expense allowance and travel expenses as provided by law.
Sec. 93. 1. The governor may at any time for cause remove the director.
2. Any vacancy in the office of director shall be filled by appointment by the governor for the unexpired term.
Sec. 94. On and after July 1, 1959, the director shall receive:
1. An annual salary not to exceed $9,600.
2. The per diem expense allowance and travel expenses as provided by law.
Sec. 95. The director shall appoint, pursuant to chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require.
Sec. 96. 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) From time to time adopt, amend and rescind such rules and regulations consistent with law as he may deem necessary for the operation of the department and the enforcement of all laws administered by the department.
Sec. 97. 1. The department shall keep its main office at Carson City, Nevada, in rooms provided by the superintendent of the state department of buildings and grounds.
2. The department may maintain such branch offices throughout the state as the director may deem necessary to the efficient operation of the department and the various divisions thereof. The director is authorized, on behalf of the department, to enter into such leases or other agreements as may be necessary to the establishment of such branch offices.
Sec. 98. 1. The director is authorized to secure and install electric punchcard accounting machine services and equipment for use of the department and the various divisions thereof.
2. The director is authorized to contract for the necessary rental of such machines and for services incidental thereto, and to purchase the necessary equipment and supplies for the completion of the installation. The machines shall be secured on a rental basis, and contracts shall provide for continuous accounting service, personnel training, machine maintenance services and assistance by the manufacturer in the efficient utilization of the equipment.
κ1957 Statutes of Nevada, Page 611 (CHAPTER 355, AB 438)κ
Sec. 99. 1. The director is authorized to charge and collect reasonable fees from persons making use of files and records of the department or its various divisions for any private purpose.
2. All moneys so collected shall be delivered to the state treasurer for deposit to the credit of the state highway fund.
Sec. 100. The department shall consist of:
1. The motor vehicle division.
2. The motor carrier division.
3. The drivers license division.
4. The Nevada highway patrol division.
5. The gasoline and special fuel tax division (after July 1, 1959).
6. The fiscal, accounting and auditing division.
7. Such other divisions as the director may in his discretion from time to time establish.
Sec. 101. The primary functions and responsibilities of the various divisions of the department shall be as follows:
1. The motor vehicle 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.
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.
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. On and after July 1, 1959, the gasoline and special fuel tax division shall execute, administer and enforce the provisions of chapters 365 and 366 of NRS relating to imposition and collection of taxes on gasoline and special fuels used for motor vehicles, and shall perform such duties and exercise such powers as may be conferred upon it pursuant to chapters 365 and 366 of NRS and the provisions of any other laws.
6. The fiscal, accounting and auditing division shall furnish fiscal, 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.
Sec. 102. The department shall require all patrolmen and personnel collecting and receiving taxes, license fees and moneys pursuant to the laws administered by them to furnish good and sufficient bonds for the faithful performance of their duties. Such bonds may be issued by the State of Nevada.
κ1957 Statutes of Nevada, Page 612 (CHAPTER 355, AB 438)κ
Sec. 103. Except as otherwise provided by law, all taxes, license fees and moneys collected by the department or by patrolmen and personnel pursuant to the provisions of section 101 shall be deposited in the state treasury to the credit of the state highway fund in the manner provided in the law or laws providing for the imposition and collection thereof.
Sec. 104. 1. Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund upon the presentation of budgets in the manner required by law.
2. All moneys provided for the support of the department and its various divisions shall be paid out on claims approved by the director in the same manner as other claims against the state are paid.
Sec. 105. The expenses incurred in the administration of this chapter and in the administration of the powers and duties provided in this chapter shall be deemed to be a cost of administration with respect to the operation of motor vehicles upon the public highways of this state.
Sec. 106. 1. On July 1, 1957, all employees of the public service commission of Nevada and the various divisions thereof, whose duties concern the execution, administration and enforcement of the provisions of Title 43 of NRS and the provisions of chapter 706 of NRS relating to the licensing of motor vehicle carriers and the use of public highways by such carriers, and on July 1, 1959, all employees of the Nevada tax commission whose duties concern the execution, administration and enforcement of chapters 365 and 366 of NRS relating to imposition and collection of taxes on gasoline and special fuels used for motor vehicles shall become and be deemed employees of the department of motor vehicles and the various divisions thereof, and they shall retain without impairment or diminution all rights and status now and then applicable to them pursuant to chapter 284 of NRS.
2. On July 1, 1957, all personnel, records, papers, files, registers, property, equipment and funds of the public service commission of Nevada and the various divisions thereof relating to or concerned with the execution, administration and enforcement of the provisions of Title 43 of NRS and the provisions of chapter 706 of NRS relating to the licensing of motor vehicle carriers and the use of public highways by such carriers, and on July 1, 1959, all personnel, records, papers, files, registers, property, equipment and funds of the Nevada tax commission relating to or concerned with the execution, administration and enforcement of the provisions of chapters 365 and 366 of NRS relating to imposition and collection of taxes on gasoline and special fuels used in motor vehicles shall be transferred to the department of motor vehicles.
Sec. 107. NRS 481.010 to 481.120, inclusive, are hereby repealed.
Sec. 108. NRS 481.130 is hereby amended to read as follows:
481.130 There is hereby created within the [public service commission of Nevada] department of motor vehicles a division to be known as the Nevada highway patrol.
Sec. 109. NRS 481.140 is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 613 (CHAPTER 355, AB 438)κ
481.140 The Nevada highway patrol shall be composed of the following personnel appointed by the [public service commission of Nevada:] director of the department of motor vehicles:
1. One director.
2. [One inspector.] Two inspectors.
3. Not more than [47] 50 additional personnel, of which not more than [39] 38 shall be patrolmen and not more than [8] 12 shall be field agents for the enforcement of the provisions of chapters 482 and 706 of NRS.
Sec. 110. NRS 481.150 is hereby amended to read as follows:
481.150 1. The director shall:
(a) Be the chief officer of the Nevada highway patrol and shall have and exercise all of the powers and duties provided in NRS 481.180, which powers and duties shall be performed under the direction and supervision of the [public service commission of Nevada.] director of the department of motor vehicles.
(b) Be ex officio superintendent of the Nevada state police, but shall receive no salary or compensation for such services as ex officio superintendent of the Nevada state police.
2. When requested by the governor to preserve order, protect life or property, and enforce the laws of this state, the director may use such number of Nevada highway personnel as may be necessary for such purpose. When so acting, such personnel shall have and exercise general police powers. Their salaries and expenses incidental to such operations shall be paid out of appropriations for the [public service commission of Nevada] department of motor vehicles from the general fund.
Sec. 111. NRS 481.180 is hereby amended to read as follows:
481.180 The duties of the personnel of the Nevada highway patrol shall be:
1. To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada; and they shall have the powers of police officers with respect to traffic law violations and other offenses committed over and along the highways of this state.
2. To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence for the purpose of prosecuting the person or persons guilty of any violation of the law contributing to the happening of such accident.
3. To act as field agents and inspectors in the enforcement of the motor vehicle registration law (chapter 482 of NRS).
4. To act as field agents, inspectors and instructors in carrying out the provisions of the operators and chauffeurs licensing law (chapter 483 of NRS).
5. To act as field agents and inspectors of the [public service commission of Nevada] department of motor vehicles in the enforcement of the motor vehicle carrier law (chapter 706 of NRS).
6. To act as field agents and inspectors of the [Nevada tax commission] department of motor vehicles in the enforcement of the laws of this state relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state (chapter 365 of NRS).
κ1957 Statutes of Nevada, Page 614 (CHAPTER 355, AB 438)κ
of this state relating to the imposition and collection of taxes on gasoline used in and for motor vehicles on the public highways of this state (chapter 365 of NRS).
7. To act as field agents and inspectors of the [Nevada tax commission] department of motor vehicles in the enforcement of chapter 366 of NRS relating to the imposition and collection of taxes on special fuels used in and for motor vehicles on the public highways of this state.
8. To perform such other duties in connection with each and all of the above-specified duties, and consistent therewith, as may be imposed by the [public service commission of Nevada.] director of the department of motor vehicles.
Sec. 112. NRS 482.015 is hereby amended to read as follows:
482.015 Commissioner means the [chairman of the public service commission of Nevada, who shall ex officio be the executive officer of the department.] director of the department of motor vehicles.
Sec. 113. NRS 482.025 is hereby amended to read as follows:
482.025 Department means the department of motor vehicles. [vehicle division of the public service commission of Nevada.]
Sec. 114. NRS 482.140 is hereby amended to read as follows:
482.140 1. The [chairman of the public service commission of Nevada] director of the department of motor vehicles is hereby made ex officio vehicle commissioner of this state.
2. He shall have all the powers and perform such duties as are imposed upon the vehicle commissioner by this chapter.
Sec. 115. NRS 483.030 is hereby amended to read as follows:
483.030 Administrator means the [chairman of the public service commission of Nevada.] director of the department of motor vehicles.
Sec. 116. NRS 483.060 is hereby amended to read as follows:
483.060 Department means the [public service commission of Nevada] department of motor vehicles acting directly or through its duly authorized officers and agents.
Sec. 117. NRS 484.030 is hereby amended to read as follows:
484.030 The sheriff, the Nevada highway patrol or the duly authorized police authority or chief of police shall, upon receiving a report of any accident or collision which results in bodily injury to any person or property damage in excess of $100, forthwith prepare a copy of the report and file the same with the drivers license division of the [public service commission of Nevada.] department of motor vehicles.
Sec. 118. NRS 484.050 is hereby amended to read as follows:
484.050 1. It shall be unlawful for any person, while either intoxicated or under the influence of intoxicating liquor, or of stimulating or stupefying drugs, to drive or conduct any vehicle on any street or highway in this state.
2. Any person who violates the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500, or by the imprisonment in the county jail for a period to be fixed by the court not to exceed 6 months, or by both fine and imprisonment. The convicted persons license to operate a vehicle in this state may, by the decision of the court, be suspended by the [public service commission of Nevada] department of motor vehicles for a period of not less than 30 days nor more than 1 year.
κ1957 Statutes of Nevada, Page 615 (CHAPTER 355, AB 438)κ
of the court, be suspended by the [public service commission of Nevada] department of motor vehicles for a period of not less than 30 days nor more than 1 year.
3. Upon a subsequent conviction for an offense under the provisions of this section, the person so convicted shall be punished by a fine of not less than $100 nor more than $500 and by imprisonment in the county jail for not less than 10 days nor more than 6 months. His license to operate a vehicle in this state shall be revoked for 2 years by the [public service commission of Nevada.] department of motor vehicles.
4. No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.
Sec. 119. NRS 484.240 is hereby amended to read as follows:
484.240 An authorized emergency vehicle is one of any type following:
1. A vehicle publicly owned and operated in the performance of his duty by a member of any police or fire department, any sheriff, constable, or deputy sheriff, or traffic law enforcement officer who is regularly employed by the state, or any city, or any county, in responding to emergency calls or in a traffic patrol duty.
2. A motorcycle, either publicly owned or privately owned, operated by a police or traffic law enforcement officer in enforcing the provisions of this chapter.
3. When used in responding to emergency calls, any privately owned ambulance, or a vehicle special constructed and maintained for ambulance purposes, or, when no ambulance is available, a private vehicle used in connection with lifesaving or other humane purposes, authorized by permit issued by the motor vehicle division of the [public service commission of Nevada,] department of motor vehicles, which is authorized to issue such permit, and any publicly owned ambulance.
4. Any vehicle publicly maintained in whole or in part by the state, or a city, or a county, and privately owned and operated by a member of, who receives salary from and is regularly employed by, an organized municipal police department, or by any sheriff, constable, or deputy sheriff or deputy constable.
Sec. 120. NRS 484.460 is hereby amended to read as follows:
484.460 1. It shall be unlawful for any person, firm, company or corporation to operate or cause to be operated upon the public highways of the State of Nevada any out-of-state or foreign privately owned motor vehicle equipped with a red light or lights or with a siren or sirens attached thereto as a part of the equipment of the vehicle.
2. This section is not intended to repeal, amend or in any manner change the present existing law insofar as it applies to domestic and foreign motor vehicles except in the particular instance set out in subsection 1; nor shall this section apply to motor vehicles registered in foreign states having reciprocal arrangements made with the [public service commission of Nevada] department of motor vehicles in relation to the use of red lights and sirens upon out-of-state motor vehicles.
3. A violation of the provisions of this section is a misdemeanor punishable by a fine not to exceed $250.
κ1957 Statutes of Nevada, Page 616 (CHAPTER 355, AB 438)κ
Sec. 121. NRS 484.580 is hereby amended to read as follows:
484.580 1. Authority for the enforcement of the provisions of NRS 484.530 to 484.590, inclusive, shall be vested in the Nevada highway patrol under the jurisdiction of the [public service commission of Nevada.] department of motor vehicles.
2. Any officer of the Nevada highway patrol having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales, in the event such scales are within 5 miles.
3. Whenever an officer upon weighing a vehicle and load as provided in subsection 2 determines that the weight is unlawful, such officer may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of such vehicle to those limits permitted under NRS 484.530 to 484.590, inclusive. All materials so unloaded shall be cared for by the carrier of such material and be cared for at the expense of the carrier. The officer may allow the driver of the inspected vehicle to continue on his journey if any overload does not exceed by more than 5 percent the limitations prescribed by NRS 484.530 to 484.590, inclusive, but the penalties provided in NRS 484.590 shall be exercised for the overload violation.
4. Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the Nevada highway patrol upon a weighing of the vehicle to stop and otherwise comply with the provision of NRS 484.530 to 484.590, inclusive, shall be guilty of a misdemeanor.
Sec. 122. NRS 484.660 is hereby amended to read as follows:
484.660 The [public service commission of Nevada] department of motor vehicles may, after reasonable notice and hearing, make and publish reasonable rules and regulations providing for minimum binder requirements to secure loads on vehicles against dangerous displacement and governing the loading and securement of loads for transportation over public highways by vehicles.
Sec. 123. NRS 485.030 is hereby amended to read as follows:
485.030 Commissioner means the drivers license division of the [public service commission of Nevada.] department of motor vehicles.
Sec. 124. NRS 486.050 is hereby amended to read as follows:
486.050 Every application for a license shall be made upon a form furnished by the drivers license division of the [public service commission of Nevada.] department of motor vehicles. There shall be no charge for the making and filing of the application.
Sec. 125. NRS 486.060 is hereby amended to read as follows:
486.060 The drivers license division of the [public service commission of Nevada] department of motor vehicles is authorized to prescribe reasonable tests and examinations concerning the qualifications of the applicant as an operator of a power cycle.
Sec. 126. NRS 486.070 is hereby amended to read as follows:
486.070 1. The drivers license division of the [public service commission of Nevada] department of motor vehicles shall issue to every applicant qualifying therefor an operators license for a power cycle.
κ1957 Statutes of Nevada, Page 617 (CHAPTER 355, AB 438)κ
2. The operators license shall bear thereon:
(a) A number assigned to the licensee.
(b) His full name.
(c) His date of birth.
(d) His residence address.
(e) A brief description of the licensee.
(f) A space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license.
3. The charge for any license issued under the provisions of this chapter shall be $1.
Sec. 127. NRS 486.090 is hereby amended to read as follows:
486.090 Every person operating a power cycle upon the public highways, streets and roads shall display his operators license issued to him under the provisions of this chapter or under chapter 483 of NRS upon demand of a police judge, municipal court, justice of the peace, peace officer or a deputy of the [public service commission of Nevada.] department of motor vehicles.
Sec. 128. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Department means the department of motor vehicles.
Sec. 129. NRS 706.130 is hereby amended to read as follows:
706.130 It is hereby declared to be the purpose and policy of the legislature in enacting NRS 706.010 to 706.700, inclusive:
1. To confer upon the commission and the department the power and authority and to make it [its] their duty to supervise, regulate and license the common motor carrying of property and passengers for hire, and to supervise for licensing purposes the contract motor carrying of property and passengers for hire, and to supervise for licensing purposes the private motor carrying of property when used for private commercial enterprises on the public highways of this state, so as to relieve the existing and all future undue burdens on such highways arising by reason of the use of such highways by motor vehicles in a gainful occupation thereon; and
2. To provide for reasonable compensation for the use of such highways in such gainful occupations, and enable the State of Nevada, by a utilization of the license fees, to provide more fully for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in their use of the highways.
Sec. 130. NRS 706.150 is hereby amended to read as follows:
706.150 1. The department is hereby vested with the power and authority to and it shall license, and the commission is hereby vested with the power and authority to and it shall [license,] supervise and regulate every common motor carrier of property and of passengers in this state in all matters affecting the relationship between such carriers and the traveling and shipping public over and along the public highways of this state.
2. All laws relating to the powers, duties, authority and jurisdiction of the commission over common carriers are hereby made applicable to all such motor carriers except as otherwise specifically provided in NRS 706.010 to 706.700, inclusive.
Sec. 131. NRS 706.160 is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 618 (CHAPTER 355, AB 438)κ
706.160 The commission and the department shall each have power to make necessary and reasonable rules and regulations governing the procedure, administration and enforcement of the provisions of NRS 706.010 to 706.700, inclusive.
Sec. 132. NRS 706.170 is hereby amended to read as follows:
706.170 The commission and the department shall cooperate to prescribe forms for all applications, certificates, permits, licenses and license plates for the use of prospective applicants, and shall make regulations for the filing thereof.
Sec. 133. (Deleted by amendment.)
Sec. 134. NRS 706.200 is hereby amended to read as follows:
706.200 1. All moneys collected under the provisions of NRS 706.010 to 706.700, inclusive, shall be paid over to the state treasurer by the [commission] department on or before the 1st Monday of each month. The state treasurer shall place such moneys in the state highway fund for the construction, maintenance and repair of the public highways of this state.
2. The [commission] department is directed and authorized to deposit such moneys, while in its possession, in a reputable bank in this state. Such bank shall execute and deliver to the [commission] department good and sufficient collateral security or a depositary bond to be approved by the state board of examiners.
Sec. 135. NRS 706.210 is hereby amended to read as follows:
706.210 1. The [commission] department and its inspectors shall:
(a) Enforce all rules and regulations of the commission and the department pertaining to NRS 706.010 to 706.700, inclusive.
(b) Assist in the enforcement of all laws pertaining to the registration of motor vehicles.
2. The [commission] department and its inspectors shall not be given police power except for the enforcement of NRS 706.010 to 706.700, inclusive, and laws pertaining to the registration of motor vehicles.
3. Inspectors may carry firearms in the performance of their duties.
Sec. 136. NRS 706.230 is hereby amended to read as follows:
706.230 Sheriffs and all other peace officers and traffic officers of this state are charged with the duty, without further compensation, of assisting in the enforcement of NRS 706.010 to 706.700, inclusive. They shall make arrests for this purpose when requested by the commission, the department or its inspectors or other competent authority.
Sec. 137. NRS 706.260 is hereby amended to read as follows:
706.260 1. It shall be unlawful for any common motor carrier of property or passengers to operate as a common carrier of interstate commerce within this state, without first having furnished the commission full written information concerning:
(a) Good and sufficient evidence satisfactory to the commission that it has complied with all provisions of the Federal Motor Carrier Act of 1935.
(b) The complete route or routes over which the applicant desires to operate.
(c) A copy of its tariff or tariffs, supplements thereto, or revised pages thereof. It shall keep on file with the commission all new tariffs, supplements thereto, or revised pages thereof.
κ1957 Statutes of Nevada, Page 619 (CHAPTER 355, AB 438)κ
(d) Such other information as the commission may request covering observance of state police regulations and payment of fees.
2. Upon receipt of such information [,] by the commission, and upon payment of the license fees [,] to the department, the [commission] department shall issue such interstate common carrier of property or passengers a license.
3. The commission may, in its discretion, upon receipt of an application for license and payment of license fees [,] to the department, waive the above requirements, knowing the above requirements have been complied with.
Sec. 138. NRS 706.270 is hereby amended to read as follows:
706.270 1. The commission and the department [is] are hereby vested with the power and authority to and [it] the department shall license and the commission shall supervise for license purposes all contract motor carriers of property, contract motor carriers of passengers and all private motor carriers of property within the State of Nevada either in interstate or intrastate commerce.
2. The commission may regulate and fix the minimum carrying charges of all such intrastate contract motor carriers, and conduct hearings, make and enter necessary orders and enforce the same with respect thereto in the same manner and form as is now or may hereafter be provided by law for the regulation of the rates and charges of common motor carriers.
Sec. 139. NRS 706.310 is hereby amended to read as follows:
706.310 1. The provisions of chapter 582 of NRS are hereby made applicable to NRS 706.010 to 706.700, inclusive.
2. All motor vehicles required to be weighed under the provisions of NRS 706.010 to 706.700, inclusive, shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the [commission] department and the state sealer of weights and measures, and according to the provisions of chapter 582 of NRS, except as otherwise provided herein.
3. The state sealer of weights and measures from time to time, upon request of the [commission,] department, shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of NRS 706.010 to 706.700, inclusive.
4. Public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the [commission] department as evidence of the weight of the motor vehicle for which a license is applied for.
Sec. 140. NRS 706.320 is hereby amended to read as follows:
706.320 In addition to the identification by license plates as provided in NRS 706.600, each motor vehicle coming within the provisions of NRS 706.010 to 706.700, inclusive, except private carriers licensed and operated solely in the State of Nevada, shall have the name of the person, firm, corporation or association owning the vehicle prominently and conspicuously displayed on both sides of the vehicle in such location, size and style as may be specified by the [commission.] department.
Sec. 141. NRS 706.330 is hereby amended to read as follows:
706.330 Every car being transported through the State of Nevada, or offered for sale within the State of Nevada, which has been convoyed, shall have displayed upon the windshield, and there shall remain upon the windshield thereof until sold, a sticker to be provided by the [commission,] department, without cost, which sticker shall be in the form to be prescribed by the [commission.]
κ1957 Statutes of Nevada, Page 620 (CHAPTER 355, AB 438)κ
or offered for sale within the State of Nevada, which has been convoyed, shall have displayed upon the windshield, and there shall remain upon the windshield thereof until sold, a sticker to be provided by the [commission,] department, without cost, which sticker shall be in the form to be prescribed by the [commission.] department.
Sec. 142. NRS 706.410 is hereby amended to read as follows:
706.410 No certificate of public convenience and necessity shall be issued to an applicant unless and until the applicant shall have paid to the [commission] department all license fees then due.
Sec. 143. NRS 706.490 is hereby amended to read as follows:
706.490 1. It shall be unlawful for any contract motor carrier of property, contract motor carrier of passengers or private motor carrier of property to operate as a carrier of property or passengers within this state either in intrastate commerce or in interstate commerce without first having obtained a license therefor from the [commission.] department.
2. An application shall be made to the commission in writing stating:
(a) The ownership.
(b) The equipment to be used.
(c) Such other information as the commission may request.
3. If interstate contract carrier operations are conducted, a sworn statement must also be filed with the commission that the carrier has complied with the provisions of the Federal Motor Carrier Act of 1935.
4. Upon receipt of such information [,] by the commission, and upon payment of the license fees [,] to the department, the [commission] department shall issue a license to the applicant.
Sec. 144. NRS 706.500 is hereby amended to read as follows:
706.500 1. In issuing the licenses provided in NRS 706.530 to 706.600, inclusive, except as to private carriers, the [commission] department shall require, within such time and in such amounts as it may designate, the filing with the commission in a form required and approved by the commission of a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety and bonding company, or other surety, in such reasonable sum as the commission may deem necessary to protect adequately the interests of the public and the public safety.
2. Such liability insurance policy, or certificate, policy or bond of a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to third persons or for loss or damage to their property resulting from the negligent operation of such carrier.
Sec. 145. NRS 706.520 is hereby amended to read as follows:
706.520 1. Every person operating motor vehicles in the carriage of persons or property for hire, or as a private carrier, shall, before commencing the operation thereof and annually thereafter, secure from the [commission] department a license for each and every such motor vehicle to be operated, and make payments therefor as provided in NRS 706.010 to 706.700, inclusive.
2. The license herein provided for shall be secured on or before July 1 of each year and shall become delinquent on July 1 of each year.
κ1957 Statutes of Nevada, Page 621 (CHAPTER 355, AB 438)κ
3. The license fee imposed by NRS 706.010 to 706.700, inclusive, shall be reduced one-twelfth for each month which shall have elapsed since the beginning of each fiscal year, on all motor vehicles to be licensed after the end of July of each year, except taxicabs, motor convoy carriers and private carriers of property who are eligible to secure the annual license for $25 as provided in NRS 706.010 to 706.700, inclusive.
4. On and after January 1 of each year, taxicabs and private carriers of property who are eligible to secure the annual license for $25, as provided in NRS 706.010 to 706.700, inclusive, shall pay $12.50.
Sec. 146. NRS 706.540 is hereby amended to read as follows:
706.540 1. In addition to the flat rate provided in NRS 706.530, a license fee based upon the unladened weight or major fraction per 100 pounds thereof of the motor vehicle is hereby fixed according to the following schedule of fees, and shall be paid, at the same time as, and in addition to, the flat rates, on all motor vehicles, except motorcycles with sidecars attached and motor vehicles used exclusively in the carrying of passengers, or passengers and light express up to 500 pounds:
Up to and including 5,000 pounds, per 100 pounds unladened............. $1.65
5,001 pounds and not over 10,000 pounds, per 100 pounds unladened............... 1.71
10,001 pounds and not over 11,000 pounds, per 100 pounds unladened 1.76
11,001 pounds and not over 12,000 pounds, per 100 pounds unladened 1.82
12,001 pounds and not over 13,000 pounds, per 100 pounds unladened 1.87
13,001 pounds and not over 14,000 pounds, per 100 pounds unladened 1.93
14,001 pounds and not over 15,000 pounds, per 100 pounds unladened 1.98
15,001 pounds and not over 16,000 pounds, per 100 pounds unladened 2.04
16,001 pounds and not over 17,000 pounds, per 100 pounds unladened 2.09
17,001 pounds and not over 18,000 pounds, per 100 pounds unladened 2.15
18,001 pounds and not over 19,000 pounds, per 100 pounds unladened 2.20
19,001 pounds and over, per 100 pounds unladened............................... 2.31
2. No combination of vehicles shall pay a total fee in excess of $800. Notwithstanding any other provisions of NRS 706.010 to 706.700, inclusive, the number of trailers to be licensed shall be a number equivalent to the number usually towed by the power units licensed.
3. Such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and property.
κ1957 Statutes of Nevada, Page 622 (CHAPTER 355, AB 438)κ
4. The weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by a public weighmaster as provided in NRS 706.310. Should any motor vehicle within the terms of NRS 706.010 to 706.700, inclusive, be changed in any respect after the weighing thereof, which change shall increase the unladened weight thereof, the [commission] department may require another weighting thereof and additional fees paid thereon.
5. Every vehicle required to be weighed by the provisions of NRS 706.010 to 706.700, inclusive, shall be weighed annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not theretofore licensed under NRS 706.010 to 706.700, inclusive.
Sec. 147. NRS 706.550 is hereby amended to read as follows:
706.550 1. In lieu of the license fees set forth in NRS 706.540, the [commission] department may, at its discretion, where it is shown that adequate records are being maintained, permit any person engaged in the operation of a vehicle, combinations of vehicles, or fleets of vehicles or combinations for the carriage of persons or property, who operates in interstate commerce, both within and without the state, to pay a mileage fee upon all power unit mileage traveled within the [state] State of Nevada in the statutory licensing period at the following per-mile rates for total miles traveled in that period:
For the first 75,000 power unit miles of travel, per mile........................ 2.5 cents
For the next 175,000 power unit miles of travel, per mile...................... 2.0 cents
For the next 750,000 power unit miles of travel, per mile...................... 1.5 cents
For the next 1,000,000 power unit miles of travel, per mile................... 1.25 cents
For all power unit miles in excess of 2,000,000, per mile....................... 1.0 cent
2. In order to qualify under this plan, each such person shall:
(a) Annually file a sworn application with the [commission] department declaring the total mileage operated by such vehicle or combinations of vehicles or fleets of vehicles or combinations in all states and in this state during the preceding statutory licensing period and describing and identifying each such vehicle or combination of vehicles to be operated in this state during the ensuing license year; and
(b) Make an advance deposit not less than an amount obtained by applying the proportion of in-state power unit miles to total power unit miles as reported in the statement to the fees which would otherwise be required for licensing all such power units or fleets of power units together with one each of the trailing vehicles ordinarily towed by such power units. This amount shall be entered to the credit of each person so qualifying under this plan and shall be applied against amounts which may become due under the schedule of rates set forth in subsection 1. The advance deposit shall be considered the minimum amount due under this plan and shall not be subject to refund nor credited to the deposit required for any subsequent license period.
κ1957 Statutes of Nevada, Page 623 (CHAPTER 355, AB 438)κ
3. Mileage proportions for vehicles, combinations of vehicles, or fleets of vehicles or combinations not licensed in this state during the preceding year will be determined by the [commission] department upon the sworn application of the applicant on forms to be supplied which will show the operations of the vehicles or combinations of vehicles during the preceding year in such detail as the [commission] department may require and the estimated operation in all states and in this state in the current year; or if no operations were conducted during the preceding year, a full statement shall be made of the proposed method of operation.
4. In addition to the fees per mile set forth in subsection 1, there shall be assessed an annual fee of $5 for each power unit qualified to operate in Nevada under this plan, for which fee there shall be issued proper vehicle identification, and such fee shall be considered as a nonrefundable administrative charge which shall not be credited to the account of the licensee.
5. Each power unit licensed under this section being operated in a combination with trailing vehicles shall bear a license plate or some other emblem identifying such combination, and when bearing such a plate or emblem such combination shall be deemed to be properly licensed and it shall be unnecessary for any license plate or emblem to be affixed to the trailing vehicle therein.
6. The [commission] department is authorized to adopt and promulgate such rules and regulations and to take such safeguards to insure payment as in its judgment are necessary to the proper enforcement of the provisions of this section, and in the event of a dispute or controversy over any of the provisions of this section, the [commissions] departments decision with respect thereto shall be final.
Sec. 148. NRS 706.560 is hereby amended to read as follows:
706.560 1. Every motor convoy carrier shall be required to be licensed, and the fee therefor shall be as follows: For each motor vehicle driven, towed or carried by any motor carrier, or driven singly, as set forth in NRS 706.070, a flat fee of $8.25 shall be paid by the person or persons engaged in such motor convoy carriage, for which fee the [commission] department shall issue for each motor vehicle driven, towed or carried by such motor convoy carrier, or driven singly, a distinctive certificate to the effect that such motor vehicle may be driven, towed or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of departure from the state. No such certificate shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whomsoever. Such certificate shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; but such certificate shall not be effective beyond the current year in which issued.
2. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any license plates be issued for any such motor vehicle by the [commission] department or any other state department.
κ1957 Statutes of Nevada, Page 624 (CHAPTER 355, AB 438)κ
nor shall any license plates be issued for any such motor vehicle by the [commission] department or any other state department.
3. No registration plates, dealers plates, or any other license plates whatsoever, or any license or certificate, other than the certificate provided in this section, issued by this or any other state, shall be deemed or construed to permit any convoying of motor vehicles as defined in NRS 706.010 to 706.700, inclusive, nor shall such certificate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which the certificate was issued or is required.
4. Nothing contained in NRS 706.010 to 706.700, inclusive, shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturers or dealers license plate at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license.
5. The provisions of this section shall not apply to vehicles transported by motor vehicles regularly licensed under the provisions of NRS 706.530 to 706.550, inclusive.
Sec. 149. NRS 706.580 is hereby amended to read as follows:
706.580 1. A nonresident owner or operator of a vehicle coming within the provisions of NRS 706.010 to 706.700, inclusive, shall have the option, in lieu of causing such vehicle to be licensed under NRS 706.010 to 706.700, inclusive, and paying the annual license fees, of applying for a trip permit to be issued forthwith upon payment of a fee equal to 5 percent of the annual license fee; but the minimum fee for such trip shall not be less than $3 nor more than $30 per vehicle or combination of vehicles.
2. Trip permits shall authorize operation over the public highways of this state for a period of not more than 96 consecutive hours and shall permit one, but not more than one, round trip into or across the State of Nevada.
3. All such trip permits shall be evidenced by stickers which shall be displayed on the windshield of the vehicle or otherwise, as specified by the [commission.] department.
Sec. 150. NRS 706.590 is hereby amended to read as follows:
706.590 1. A resident owner or operator dealing in the business of moving houses or parts of houses while in a constructed or partially constructed state shall have the option, in lieu of causing such towing house-moving vehicles as he may use in his business of house moving to be licensed under NRS 706.010 to 706.700, inclusive, and paying the annual license fees, of applying for a trip permit to be issued forthwith upon payment of a fee equal to 5 percent of the annual license fee.
2. Trip permits shall authorize operation over the public highways of this state for a period of not more than 48 consecutive hours.
3. All such trip permits shall be evidenced by stickers, which shall be displayed on the windshield of the vehicle or otherwise, as specified by the [commission] department under such rules and regulations as may be promulgated by the [commission.] department.
Sec. 151. NRS 706.600 is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 625 (CHAPTER 355, AB 438)κ
706.600 Distinctive license plates shall be provided by the [commission] department and delivered to the applicants for certificates and licenses under NRS 706.010 to 706.700, inclusive. The reasonable cost of such plates shall be borne by the state and paid out of the state highway fund upon claims therefor allowed as other claims against the state. Such license plates must at all times be conspicuously displayed in accordance with rules to be laid down by the [commission.] department.
Sec. 152. NRS 706.610 is hereby amended to read as follows:
706.610 Common carriers of property, common carriers of passengers, contract carriers of property and contract carriers of passengers who maintain extra motor vehicles not regularly employed in the performance of their service but held on a standby basis in order to assure adequate and continuous service to the public may certify such vehicles to the [commission] department on forms and according to conditions prescribed by the [commission,] department, and the [commission] department may, in its discretion, waive the licensing of such standby equipment and may further prescribe the terms and conditions under which such standby equipment may be employed.
Sec. 153. NRS 706.620 is hereby amended to read as follows:
706.620 The [commission] department shall have power, in its discretion:
1. Pursuant to application to that end, to relieve any nonresident motor carrier of property or passengers from the payment of all or reduced fees required by NRS 706.010 to 706.700, inclusive, to the extent, and only to the extent, that, under the laws of the state or territory where his or its license was issued, substantially similar provisions are applied or available to residents of this state.
2. To reduce the fees required by NRS 706.010 to 706.700, inclusive, for residents of this state in the transportation of commodities of a perishable nature, or where expeditious transportation services are required.
Sec. 154. NRS 706.630 is hereby amended to read as follows:
706.630 The [commission] department may, in its discretion, where a license fee provided for in NRS 706.010 to 706.700, inclusive, shall remain unpaid for more than 15 days and the person or persons liable therefor refuse to pay the same for any reason, direct that a civil action be commenced in a court of competent jurisdiction in the proper county for the recovery of such license fee. The district attorney, upon direction of the attorney general, shall commence such action in the name of the state. All laws and rules of court relating to civil actions in this state shall be applicable thereto.
Sec. 155. NRS 706.640 is hereby amended to read as follows:
706.640 1. Upon application for a refund to the [commission] department by any person who has theretofore paid the required license fees, as prescribed in NRS 706.010 to 706.700, inclusive, claiming that the license fees so paid have been collected unlawfully, the [commission] department shall immediately commence an investigation to determine if the application or refund is justified, and may in its discretion conduct a hearing in the same manner as other hearings are conducted.
κ1957 Statutes of Nevada, Page 626 (CHAPTER 355, AB 438)κ
2. If, after investigation or hearing, the [commission] department finds that the refund as claimed is justified in whole or in part, it shall authorize the state controller to draw his warrant for the sum of the refund, and the state treasurer is hereby authorized to pay the warrant of the state controller. The refund shall be taken and paid from the state highway fund then remaining in the state treasury.
Sec. 156. NRS 706.650 is hereby amended to read as follows:
706.650 1. All motor carriers coming within the terms of NRS 706.010 to 706.700, inclusive, except such carriers or persons as mentioned in NRS 706.670, to whom shall have been issued the certificates, permits and licenses provided by NRS 706.010 to 706.700, inclusive, may transfer, lease or assign such certificates, permits and licenses to another qualified under NRS 706.010 to 706.700, inclusive, but no such transfer, lease or assignment shall be valid for any purpose unless and until application for permit to make such transfer or lease shall be made to the commission by the transferor or lessor, accompanied by an application of the transferee or lessee to be substituted for the transferor of such certificates, permits and licenses, the subject of such transfer or lease.
2. The commission, in its discretion, may direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner as other hearings before the commission.
3. If the commission shall determine that a transfer, lease or assignment of any certificate, permit or license permitted herein to be transferred, leased or assigned will not operate to defeat the purposes of NRS 706.010 to 706.700, inclusive, or deny to the State of Nevada reasonable compensation for the use of its highways as provided in NRS 706.010 to 706.700, inclusive, the commission shall order such transfer to be made when it is satisfied that the purposes of NRS 706.010 to 706.700, inclusive, will not be defeated by the transfer or lease of the certificate, permit or license.
4. No transfer or lease shall be valid beyond the life of the certificate, permit or license transferred.
5. The [commission] department may, under such rules and regulations as it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof; but new license plates shall be secured from the [commission] department and a fee of $2 shall be paid for each set of plates so secured.
Sec. 157. NRS 706.680 is hereby amended to read as follows:
706.680 1. Notwithstanding the provisions of NRS 482.320 and the provisions of NRS 706.070 and 706.330, such sections relating to motor convoy carriers, it shall be lawful for any manufacturer or dealer in motor vehicles, as such are defined in NRS 706.080, having an established place of business in this state to operate, drive or tow any such motor vehicles over and along the public highways of this state, when such motor vehicles are to be sold, exchanged or stored for the purpose of sale or exchange, without first securing from the [commission] department the certificate and paying the motor convoy fee therefor.
2. No such manufacturer or dealer shall operate, drive or tow any such motor vehicle unless there are attached thereto the motor vehicle dealers license plates required by law of all such manufacturers or dealers.
κ1957 Statutes of Nevada, Page 627 (CHAPTER 355, AB 438)κ
any such motor vehicle unless there are attached thereto the motor vehicle dealers license plates required by law of all such manufacturers or dealers.
Sec. 158. NRS 706.690 is hereby amended to read as follows:
706.690 Any person who:
1. Operates any carrier to which NRS 706.010 to 706.700, inclusive, applies without first obtaining a certificate, permit or license, or in violation of the terms thereof; or
2. Fails to make any return or report required by NRS 706.010 to 706.700, inclusive, or by the commission or the department under the terms of NRS 706.010 to 706.700, inclusive; or
3. Violates, or procures, aids or abets the violating of, any provision of NRS 706.010 to 706.700, inclusive; or
4. Fails to obey an order, decision or regulation of the commission [;] or the department; or
5. Procures or aids or abets any person in his failure to obey such order, decision or regulation,
shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.
Sec. 159. NRS 706.710 is hereby amended to read as follows:
706.710 1. No owner or operator of a motor vehicle carrying passengers or property for hire on any road or highway in the State of Nevada shall require, suffer or permit any driver of such motor vehicle to drive any such motor vehicle in any one period longer than the time permitted for such period by the order of the public service commission of Nevada.
2. The labor commissioner, all traffic officers of the state and any subdivision thereof, all state police, all peace officers, and inspectors acting under the authority of the public service commission of Nevada or the department of motor vehicles shall enforce the provisions of this section.
3. Any violation of this section shall be a misdemeanor.
Sec. 160. NRS 706.800 is hereby amended to read as follows:
706.800 Each fee required to be paid by NRS 706.730 to 706.860, inclusive, shall be payable at the same time and to the same department as if NRS 706.730 to 706.860, inclusive, had not been adopted, except that the [motor vehicle division of the public service commission of Nevada] department of motor vehicles is hereby authorized to accept the registration fees for vehicles registering under the plan and issue such identification devices as are provided for in subsection 4 of NRS 706.780.
Sec. 161. NRS 706.810 is hereby amended to read as follows:
706.810 1. Each operator shall qualify to operate under NRS 706.730 to 706.860, inclusive, by filing an application for that purpose with the [public service commission of Nevada] department of motor vehicles prior to the time any fee becomes delinquent.
2. The application shall:
(a) Show the total mileage of vehicles operated by such person in all states and in this state during the preceding statutory licensing period and describe and identify each vehicle to be operated during the registration period in such detail as the department may require.
κ1957 Statutes of Nevada, Page 628 (CHAPTER 355, AB 438)κ
all states and in this state during the preceding statutory licensing period and describe and identify each vehicle to be operated during the registration period in such detail as the department may require.
(b) Designate a sufficient number of specified vehicles to be registered, for which fees will be paid, as will produce total fee payments for all fees imposed by this state, not less than the proportion of the amount which would be paid were the entire fleet registered in this state that the total mileage in this state bears to total mileage as defined in NRS 706.740 as reported in the statement.
Sec. 162. NRS 706.820 is hereby amended to read as follows:
706.820 1. Upon the payment of all fees required under NRS 706.730 to 706.860, inclusive, and the laws of this state in order to register the vehicles designated in the statement to be registered and otherwise complying with all requirements for the registration of such vehicles, the [motor vehicle division for the public service commission of Nevada] department of motor vehicles shall register them, and shall issue plates, licenses, emblems certificates or other devices for such vehicles in the same manner as otherwise provided by law. In addition, the [division] department shall issue such plates, licenses, emblems, certificates or other devices for the remaining vehicles of the fleet as will identify them for the purpose of showing that they have complied with the laws of this state, except that such vehicles shall not be so registered unless they are registered and have paid fees pursuant to law in some other state which has adopted the plan or with which this state has reciprocity. A service charge of $2 shall be made for the registration of each such remaining vehicle, but they shall not be liable for the payment of any other fees during the period for which registered.
2. If the amount of fees for which an operator would be required to register vehicles to pay under NRS 706.730 to 706.860, inclusive, does not exceed 50 percent of the fees upon or for the vehicle in his fleet upon or for which the smallest amount of fees would otherwise be required to be paid under the laws of this state, then all the vehicles of such operator shall be registered without payment of fees and otherwise treated as if they were remaining vehicles under this section.
Sec. 163. NRS 14.070 is hereby amended to read as follows:
14.070 1. The use and operation of a motor vehicle over the public roads, streets or highways in the state of Nevada by any person, either as principal, master, agent or servant, shall be deemed an appointment by such operator, on behalf of himself and his principal or master, of the [chairman of the public service commission] director of the department of motor vehicles to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him growing out of such use or resulting in damage or loss to person or property, and the use or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
2. Service of such process shall be made by leaving a copy of the process with a fee of $2 in the hands of the [chairman of the public service commission of Nevada] director of the department of motor vehicles or in his office, and such service shall be deemed sufficient upon the operator; provided, that notice of such service and a copy of the process shall forthwith be sent by registered mail by the plaintiff to the defendant, and the defendants return receipt and the plaintiffs affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued.
κ1957 Statutes of Nevada, Page 629 (CHAPTER 355, AB 438)κ
vehicles or in his office, and such service shall be deemed sufficient upon the operator; provided, that notice of such service and a copy of the process shall forthwith be sent by registered mail by the plaintiff to the defendant, and the defendants return receipt and the plaintiffs affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued. Personal service of such notice and a copy of the process upon the defendant, wherever found outside of this state, by any person qualified to serve like process in the State of Nevada shall be the equivalent of mailing, and that such personal service may be proved by the affidavit of the person making such personal service appended to the original process and returned and filed in the action in which it was issued.
3. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
4. The fee of $2 paid by the plaintiff to the [chairman of the public service commission of Nevada] director of the department of motor vehicles at the time of the service shall be taxed in his costs if he prevails in the suit. The [chairman of the public service commission of Nevada] director of the department of motor vehicles shall keep a record of all such process, which shall show the day and hour of service.
5. The foregoing provisions of this section with reference to the service of process upon such an operator defendant shall not be deemed exclusive, but if such operator defendant is found within the State of Nevada he shall be served with process in the State of Nevada.
Sec. 164. NRS 392.400 is hereby amended to read as follows:
392.400 1. All vehicles used in the transportation of pupils shall be:
(a) In good condition and state of repair.
(b) Well equipped and shall contain sufficient room and seats so that the driver and each pupil being transported shall have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.
(c) Subject to safety inspections at all times by agents and employees of the [drivers license division of the public service commission of Nevada.] department of motor vehicles.
2. On and after July 1, 1956, all vehicles used for transporting pupils shall meet the specifications determined by the state board of education.
3. Any person violating any of the requirements of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.
Sec. 165. NRS 392.410 is hereby amended to read as follows:
392.410 1. When operated for the transportation of pupils, every school bus shall be equipped with:
(a) A first aid kit, an ax, and a fire extinguisher containing an extinguishing substance other than tetrachloride.
κ1957 Statutes of Nevada, Page 630 (CHAPTER 355, AB 438)κ
(b) A mechanical appliance, either automatic or hand operated, on the drivers side, to be extended outward when stopping as a warning to divers of other vehicles that the school bus is about to stop.
(c) A flashing red-light system of a type approved by the [drivers license division of the public service commission of Nevada,] department of motor vehicles, and installed at the expense of the school district or operator. The driver shall operate this signal only:
(1) When pupils are unloading from the bus to cross a street, highway or road.
(2) When the bus is stopped for the purpose of loading pupils who must cross a highway, street or road to board the bus.
(3) In times of emergency or accident.
2. When operated for transportation of pupils, ever school bus shall bear upon the front and rear thereof a plainly visible sign containing the words School Bus in letters not less than 8 inches in height. Upon every such sign the letters shall be of proportionate width. It shall be unlawful for any person to display such sign upon any vehicle other than a school bus.
3. Each new school bus shall be equipped with a rear escape door of a type approved by the [drivers license division of the public service commission of Nevada.] department of motor vehicles.
4. Any person who violates any of the provisions or requirements of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.
Sec. 166. NRS 439.270 is hereby amended to read as follows:
439.270 1. The state board of health shall define epilepsy for the purposes of the reports hereinafter referred to in this section.
2. All physicians shall report immediately to the state board of health, in writing, the name, age and address of every person diagnosed as a case of epilepsy.
3. The state board of health shall report, in writing, to the [public service commission of Nevada] department of motor vehicles the name, age and address of every person reported to it as a case of epilepsy.
4. Such reports shall be for the information of the [public service commission of Nevada] department of motor vehicles and shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a vehicle on the streets and highways of this state.
5. A violation of this section shall constitute a misdemeanor.
Sec. 167. NRS 487.010 is hereby amended to read as follows:
487.010 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, the keeper shall thereupon report the presence of such vehicle to the [motor vehicle division of the public service commission of Nevada] department of motor vehicles and to the sheriffs office of the county wherein such garage, parking area or trailer park is located.
κ1957 Statutes of Nevada, Page 631 (CHAPTER 355, AB 438)κ
Sec. 168. Sections 1 to 85, inclusive, of this act shall become effective on July 1, 1959. Sections 86 to 167, inclusive, shall become effective July 1, 1957.
________
Assembly Bill No. 497Committee on Judiciary
CHAPTER 356
AN ACT to amend NRS section 107.080 relating to a trustees power of sale under a deed of trust, the notice of breach and sale, place of sale and limitations upon the power of sale.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 107.080 is hereby amended to read as follows:
107.080 1. Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security.
2. The power of sale shall not be exercised, however, until:
(a) The grantor has for a period of [15] 35 days failed to make good his deficiency in performance or payment; and
(b) The beneficiary shall first record in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and
(c) Not less than 3 months shall thereafter elapse before the making of such sale.
3. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, prior to the making thereof, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.
4. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor without equity or right of redemption.
5. Nothing in this section shall be construed to affect or violate trust agreements in force on July 1, 1949.
________
κ1957 Statutes of Nevada, Page 632κ
Assembly Bill No. 312Committee on Judiciary
CHAPTER 357
AN ACT to amend chapter 282 of NRS and NRS sections 282.230, 282.240, 282.280, 282.330 and 282.350 relating to bonds of public officials by creating a new provision relating to payment of costs of investigations and amending existing provisions relating to approval and revocation of official surety bonds, wrongful acts covered and investigations of bonded officials.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 282.230 is hereby amended to read as follows:
282.230 1. There is hereby created a fund to be known as the bond trust fund.
2. The purpose of the bond trust fund is to assure the State of Nevada and the several counties, townships, incorporated cities and irrigation districts thereof against loss through defalcation, misappropriation or negligent loss of public funds [, or other wrongful acts of] by state or county officials, or officials of townships, incorporated cities or irrigation districts in the State of Nevada, whose official duties have to do with the handling of funds of the state, counties, townships, incorporated cities or irrigation districts and who are required by law to furnish personal or surety bonds.
Sec. 2. NRS 282.240 is hereby amended to read as follows:
282.240 1. Every state, county and township official and his deputy, and officials of incorporated cities and irrigation districts and their deputies, in the State of Nevada, required by law in his or their official capacity to furnish a surety bond or bonds, and any employee of any county, township, incorporated city or irrigation district required by order of the board of county commissioners of any county or the governing board of any incorporated city or any irrigation district to furnish a surety bond or bonds, shall apply to the state board of examiners for surety.
[2. If an applicant for a bond is an official or employee of a county, township, incorporated city or irrigation district, or the deputy of such official, he shall present his application for a bond to the district judge of the judicial district within which the office is held for the approval of the district judge. The district judge shall promptly approve or disapprove such bond applications as are presented to him. If the district judge approves the application and the granting of the bond, he shall endorse such fact thereon, whereupon the state board of examiners shall issue the bond pursuant to the application. If the district judge does not approve the application, the bond shall be refused by the state board of examiners.
[3. All other officers shall present their applications directly to the state board of examiners.] 2. If, upon investigation [,] by the state board of examiners, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the state board of examiners shall issue a surety bond to him.
κ1957 Statutes of Nevada, Page 633 (CHAPTER 357, AB 312)κ
shall issue a surety bond to him. The bond shall be patterned according to instruments of this nature and to meet the provisions of NRS 282.230 to 282.350, inclusive.
[4.] 3. The bond shall have full force and effect as a surety bond against defalcation, misappropriation or negligent loss of public funds and to that extent shall serve all purposes of bonds required by law from state and county officials and officials of incorporated cities, townships or irrigation districts in the State of Nevada.
Sec. 3. NRS 282.280 is hereby amended to read as follows:
282.280 1. Surety bonds issued under the provisions of NRS 282.230 to 282.350, inclusive, shall be understood to be conditioned upon faithful performance of duty [,] with respect to public funds only, and upon assurance against losses through misappropriation or defalcation in breach of trust or [misconduct.] negligent loss of public funds.
2. Surety bonds issued under the provisions of NRS 282.230 to 282.350, inclusive, shall not apply to losses resulting from acts of God or nature, fire, burglary, holdup or other cause over which the person bonded exercised no control or influence, was free from participation therein, and provided he exercised reasonable diligence in safeguarding the funds and securities committed to his care.
Sec. 4. NRS 282.330 is hereby amended to read as follows:
282.330 1. Losses to counties which might occur from defalcation, misappropriation [,] or [other wrongful act] negligent loss of public funds on the part of a county or township official shall be reported by the district attorney of that county to the state board of examiners.
2. Losses to cities which might occur from defalcation, misappropriation [,] or [other wrongful act] negligent loss of public funds on the part of a city official shall be reported by the city attorney of that city to the state board of examiners.
3. In the case of the state, any losses shall be reported to the state board of examiners by the attorney general.
4. In the case of an irrigation district, any losses shall be reported to the state board of examiners by the board of directors of the irrigation district.
5. In each case the state board of examiners shall [require the superintendent of banks to] make, or cause to be made, a full investigation. [and render a written report.] If, from the [report,] investigation, the state board of examiners determines that the loss comes under the conditions of the surety bond, the state board of examiners shall order that restitution be made in the following manner:
(a) If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on the bond trust fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay the warrant.
(b) If there are insufficient funds in the bond trust fund to cover the loss, then the state controller shall draw a warrant for the full amount in the bond trust fund for the purpose of making restitution in part, and he shall report the condition of the bond trust fund to the governor.
κ1957 Statutes of Nevada, Page 634 (CHAPTER 357, AB 312)κ
in part, and he shall report the condition of the bond trust fund to the governor. The governor shall take the necessary steps to have the balance due included in the budget, and report to the next succeeding legislature. When the balance is thus secured, the restitution shall be completed.
Sec. 5. NRS 282.350 is hereby amended to read as follows:
282.350 1. The state board of examiners may revoke the surety bond of any official:
(a) If, after due investigation, notice and hearing, he is found to be addicted to gambling, excessive drinking of intoxicants or to the use of narcotics.
(b) Upon his conviction of a gross misdemeanor or any more serious crime.
(c) When he is legally determined to be insane.
(d) For any other cause deemed reasonable by the board.
2. Any official whose bond may have been revoked shall not again be granted a surety bond under the provisions of NRS 282.230 to 282.350, inclusive, unless it shall have been established in a court of competent jurisdiction that he was wrongfully and unjustly deprived of his surety bond by the state board of examiners.
Sec. 6. Chapter 282 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding the provisions of NRS 282.310, the state treasurer is hereby authorized to pay from the bond trust fund, on warrants issued by the state controller, a total sum not to exceed $2,500 in any one year in payment of approved claims for costs of investigations incurred by the state board of examiners in carrying out the provisions of NRS 282.230 to 282.350, inclusive.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 285Mr. Waters
CHAPTER 358
AN ACT to amend chapter 527 of NRS relating to protection and preservation of timberlands, trees and flora by creating new provisions relating to the control of forest insects and diseases; defining certain words and terms; providing powers and duties of the state forester firewarden; providing for notice to be served on private property owners; providing for state assistance and aid to be given private landowners; providing for liens and foreclosures; providing for federal matching funds; providing an appropriation; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 527 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 2 to 13, inclusive, unless the context otherwise requires:
κ1957 Statutes of Nevada, Page 635 (CHAPTER 358, AB 285)κ
1. Control means preventing, retarding, suppressing, eradicating or destroying forest pests.
2. Forest or forest land means land on which occurs a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses or for other purposes.
3. Forest pest means any insect or disease which is determined by the state forester to be harmful, injurious or destructive to forests or timber.
4. Infestation means actual, potential, incipient or emergency infestation or infection by forest pests.
5. Owner means any person owning any forest or forest lands.
6. Person includes a company, partnership, association or corporation as well as a natural person.
7. State forester means the state forester firewarden.
8. Timber includes forest trees, standing or down, dead or alive.
9. The singular number shall include the plural, and the plural shall include the singular.
Sec. 3. 1. The purposes of sections 2 to 13, inclusive, are to protect and preserve the forests of this state, promote the stability of forest-using industries, protect recreational wildlife, and to aid in pest and fire control.
2. Forest pests are hereby declared to be a public nuisance.
Sec. 4. The state forester is authorized to:
1. Employ personnel in accordance with chapter 284 of NRS.
2. Procure necessary equipment, supplies and services.
3. Enter into contracts in the name of the state forester.
4. Designate or appoint as his representatives, employees of his cooperators, including employees of the United States or any agency thereof.
5. Prescribe reasonable rules and regulations for effectuating the purposes of sections 2 to 13, inclusive.
Sec. 5. The state forester shall make surveys and investigations to determine the presence of infestations of forest pests. Representatives of the state forester may enter at reasonable times on public and private lands to make such determinations.
Sec. 6. Whenever the state forester finds that an area in the State of Nevada is infested or threatened to be infested with forest pests, which infestation is of such character as to be harmful, detrimental, injurious or dangerous to timber and forest growth, he shall prescribe a zone of infestation covering the area in which control measures are to be applied.
Sec. 7. 1. The state forester shall immediately serve written notice by registered mail, return receipt requested, upon all owners within the established zone, to proceed without delay to destroy the forest pests.
2. In addition to the written notice, the state forester shall cause to be published a legal description of the boundaries of the zone of infestation at least once a week for 2 consecutive weeks in one or more newspapers having a general circulation in the county or counties in which the zone of infestation is established.
Sec. 8. Upon the establishment of a zone of infestation, the state forester shall proceed to apply, or cause to be applied, measures of infestation control on public and private forests and other lands within such zone, and to any trees, timber, shrubs, plants or flora harboring or which may harbor forest pests.
κ1957 Statutes of Nevada, Page 636 (CHAPTER 358, AB 285)κ
forester shall proceed to apply, or cause to be applied, measures of infestation control on public and private forests and other lands within such zone, and to any trees, timber, shrubs, plants or flora harboring or which may harbor forest pests.
Sec. 9. 1. If an owner fails to take appropriate measures to destroy forest pests on his property within 30 days after the service of notice to do so as provided in section 7, the state forester may, without further notice, take such action as he may deem necessary to effect control measures to eradicate the forest pests upon such land.
2. The cost of any such control measures may be paid from the forest pest control fund; but such costs, or such portion thereof as the state forester may determine, shall be a lien on all land of the owner within the zone of infestation.
3. The state forester may apply, on such basis as he may deem equitable, any moneys made available to him by the Federal Government or any public or private agency for the purpose of controlling forest pests to defray all or any portion of the cost of control measures effected on privately owned lands. Any moneys made available by the state shall not be used for control measures on privately owned lands.
4. Upon completion of control measures on any privately owned lands, the state forester shall file with the board of county commissioners of the county or counties in which such lands are located an itemized and sworn statement setting forth the date when such work was done, the nature of such work and the portion of the cost thereof chargeable to each owner upon whose lands the work was performed. The board of county commissioners shall thereupon present a bill to each owner for the costs payable by him, and if such owner fails for 30 days thereafter to pay the same such bill and costs shall be collected in the manner in which delinquent taxes are collected.
Sec. 10. Whenever the state forester shall determine that forest pest control work within an established zone of infestation is no longer necessary or feasible, the state forester shall dissolve the zone.
Sec. 11. 1. The state forester may cooperate with the United States or any agency thereof, agencies of the state, county or municipal governments, agencies of neighboring states or other public or private organizations or persons.
2. The state forester will utilize when available personnel, control equipment, supplies or services of the state department of agriculture, and the state forester may accept funds, equipment, supplies or services, including prison labor, from other cooperators as he may deem appropriate.
3. The state forester may enter into agreements with the United States or its agencies for the matching of federal funds as required under the laws of the United States relating to forest pests.
Sec. 12. 1. There is hereby created in the state treasury for the use of the state forester in carrying out the provisions of sections 2 to 13, inclusive, a trust fund to be known as the forest pest control fund.
2. All moneys received by the state forester for the purposes of sections 2 to 13, inclusive, including all moneys collected pursuant to section 9, shall be deposited in the forest pest control fund.
κ1957 Statutes of Nevada, Page 637 (CHAPTER 358, AB 285)κ
3. Costs of administration of sections 2 to 13, inclusive, shall be paid from the forest pest control fund on claims presented by the state forester in the manner other claims against the state are paid.
4. No moneys in the forest pest control fund shall be used for any purpose except to carry out the provisions of sections 2 to 13, inclusive.
Sec. 13. To provide moneys in the forest pest control fund for the biennium ending June 30, 1959, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $5,000.
Sec. 14. This act shall become effective upon passage and approval.
________
Assembly Bill No. 13Miss Herr (by request)
CHAPTER 359
AN ACT to amend NRS section 361.585 relating to the execution and delivery of tax deeds to the county treasurer after expiration of the redemption period, and concerning redemption thereafter.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.585 is hereby amended to read as follows:
361.585 1. When the time allowed by law for redemption shall have expired, and no redemption shall have been made, the tax receiver who issued the certificate, or his successor in office, shall execute and deliver to the county treasurer a deed of the property described in each respective certificate in trust for the use and benefit of the state and county and any officers having fees due them in such cases.
2. The county treasurer and his successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold such property in trust until the same is sold pursuant to the provisions of this chapter.
3. Anything in NRS 361.595 to the contrary notwithstanding, at any time prior to the public notice of sale by a county treasurer, pursuant to NRS 361.595, of any property held in trust by him by virtue of any deed made pursuant to the provisions of this chapter, any person who was the owner, beneficiary under a deed of trust or mortgagee under a mortgage of such property, or to whom such property was assessed, prior to being so conveyed to the county treasurer, shall have the right to have such property, reconveyed to him upon tendering to the county treasurer the amount of the taxes, costs, penalties and interest legally chargeable against such property, as set forth in subsection 4 of NRS 361.570, together with interest at the rate of 10 percent per annum until the time of reconveyance.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 638κ
Assembly Bill No. 462Committee on Ways and Means
CHAPTER 360
AN ACT authorizing the issuance and sale of revenue certificates by the board of regents of the University of Nevada for certain specified projects and the use and repayment of the receipts thereof; 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 other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following terms, wherever used or referred to in this act, have the following meaning unless a different meaning clearly appears in the context:
1. Acquire or to acquire includes to purchase, the erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop and to improve a project.
2. Federal agency means the United States of America or any agency or instrumentality thereof.
3. Private agency, corporation or individual means any private corporation, trust company, firm or individual doing business as such.
4. Project means and includes the buildings, structures and improvements required by the University of Nevada as enumerated in section 2 of this act.
5. Revenue certificate means certificates with respect to the repayment of any loans or borrowed money, issued by the board of regents pursuant to this act.
Sec. 2. After the effective date of and in accordance with the provisions of this act, the board of regents of the University of Nevada is authorized, from time to time, to issue and sell revenue certificates not to exceed in the aggregate a total of $2,102,600, and to acquire with the proceeds thereof all or any of the following projects in Reno, Nevada, at costs not exceeding the amounts set forth below opposite the description of the project:
Mens dormitory.......................................................................................... $660,000
Parking lot, paving....................................................................................... 39,000
Womens dormitory..................................................................................... 660,000
Housing for married students and faculty............................................... 352,000
Dining hall..................................................................................................... 391,600
Sec. 2.5. All phases of the planning, design, construction and equipment of any project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.
Sec. 3. Subject to the limitations and restrictions in this act, the board of regents may:
1. Have a corporate seal and alter the same at pleasure.
2. Sue and be sued.
κ1957 Statutes of Nevada, Page 639 (CHAPTER 360, AB 462)κ
3. Acquire by purchase, gift or the exercise of the right of eminent domain, and hold real or personal property, or rights or interests therein, and water rights.
4. Make contracts and execute all instruments necessary or convenient.
5. Acquire by contract or contracts or by its own agents and employees, or otherwise than by contract, any project or projects, and operate and maintain such projects.
6. Accept grants of money or materials or property of any kind from a federal agency, private agency, corporation or individual, upon such terms and conditions as such federal agency, private agency, corporation or individual may impose.
7. Borrow money and issue revenue certificates and provide for the payment of the same and for the rights of the holders thereof, as provided in this act.
8. Perform all acts and do all things necessary or convenient to carry out the powers granted in this act; obtain loans or grants, or both, from any federal agency, private agency, corporation or individual, and accomplish the purposes of this act.
Sec. 4. 1. Revenue certificates issued under the provisions of this act shall be authorized by resolution of the board of regents.
2. The revenue certificates shall bear interest at such rate or rates not exceeding 5 percent per annum, payable semiannually; may be issued in one or more series; may bear such date or dates; may be in such denomination or denominations; may mature at such time or times, not exceeding 40 years from their respective dates; may be in such form, either coupon or registered; may carry such registration privileges; may be executed in such manner; may be payable in such medium of payment, at such place or places; may be subject to such terms of redemptions, with or without premium; may contain such terms, covenants and conditions; and may be declared or become due before the maturity date thereof, as such resolution or other resolutions may provide.
3. The revenue certificates may be sold at public or private sale at not less than par.
4. Pending the preparation of the definitive certificates, interim receipts or certificates, in such form and with such provisions as the board of regents may determine, may be issued to the purchaser or purchasers of certificates sold pursuant to this act. The certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the Negotiable Instruments Law.
Sec. 5. The board of regents, in connection with the issuance of revenue certificates to acquire any project for the University of Nevada or in order to secure the payment of such revenue certificates and interest thereon, has power by resolution:
1. To fix and maintain fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, such project.
2. To provide that such revenue certificates 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, and shall be payable 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, such project.
κ1957 Statutes of Nevada, Page 640 (CHAPTER 360, AB 462)κ
property of the University of Nevada) derived from, and shall be payable 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, such project.
3. To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates, 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, such project.
4. To covenant with, or for the benefit of, the holder or holders of such revenue certificates, that, so long as any of such revenue certificates shall remain outstanding and unpaid, the University of Nevada will fix, maintain and collect, in such installments as may be agreed upon, an amount of the 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, such project, which shall be sufficient to pay, when due, such revenue certificates and interest thereon; and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board of regents in its absolute discretion.
5. To make and enforce and agree to make and enforce reasonable parietal rules that shall insure the use of such project by all students in attendance at the University of Nevada who do not reside in the city of Reno, Nevada, and environs, to the maximum extent to which such project is capable of serving such students, or if such project is designed for occupancy as living quarters for the faculty members, by as many faculty members as may be served thereby.
6. To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, the board of regents will not, except upon such terms and conditions as may be determined:
(a) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of such revenue certificates upon any of the income and revenues 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, such project; or
(b) Convey or otherwise alienate such project or the real property upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or
(c) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on such project or the real property upon which it shall be located.
7. To covenant as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.
κ1957 Statutes of Nevada, Page 641 (CHAPTER 360, AB 462)κ
amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.
8. To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates; and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay, or in relation to, such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of revenue certificates, or any specified amount of percentage of such revenue certificates, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.
9. To vest in a trustee or trustees, or the holder or holders of any specified amount or percentage of revenue certificates, the right to apply to any court of competent jurisdiction for, and have granted the appointment of, a receiver or receivers of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders.
10. To make covenants with any federal agency, private agency, corporation or individual to perform any and all acts and to do any and all such things as may be necessary or convenient, or desirable, in order to secure such revenue certificates, or as may in the judgment of the board of regents tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.
Sec. 6. Any holder of revenue certificates, including a trustee for holders of such revenue certificates, shall have the right, in addition to all other rights:
1. By mandamus or other suit, action or proceeding in any court of competent jurisdiction, to enforce his rights against the board of regents, and any officer, agent or employee of the board of regents, to fix and collect such rentals and other charges adequate to carry out any agreement as to, or pledge of, such fees, rentals or other charges; and require the board of regents and any of its officers, agents or employees to carry out any other covenants and agreements, and to perform their duties under this act.
κ1957 Statutes of Nevada, Page 642 (CHAPTER 360, AB 462)κ
regents, and any officer, agent or employee of the board of regents, to fix and collect such rentals and other charges adequate to carry out any agreement as to, or pledge of, such fees, rentals or other charges; and require the board of regents and any of its officers, agents or employees to carry out any other covenants and agreements, and to perform their duties under this act.
2. By action, to enjoin any acts or things which may be unlawful or a violation of the rights of such holder of revenue certificates.
Sec. 7. All moneys, derived from the sale of revenue certificates, or otherwise, borrowed under the provisions of this act, or received as a grant, shall be paid into the state treasury in a separate trust account or trust accounts. Such moneys shall be disbursed as may be directed by the board of regents in accordance with the terms of any agreements with the holder of any revenue certificates.
Sec. 8. The revenue certificates, bearing the signatures of officers in office on the date of the signing thereof, shall be valid and binding obligations, notwithstanding that before the delivery thereof any payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the board of regents. The validity of the revenue certificates shall not be dependent on, nor affected by, the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith.
Sec. 9. Nothing in this act shall be construed to authorize the board of regents to contract a debt on behalf of, or in any way to obligate, the State of Nevada, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the legislature, or revenue derived from the investment of the proceeds of the sale of such lands as have been set aside, by legislative enactments of the United States, for the use and benefit of the University of Nevada.
Sec. 10. All revenue certificates issued pursuant to this act shall be obligations of the board of regents, payable only in accordance with the terms thereof, and shall not be obligations general, special or otherwise, of the State of Nevada. Such revenue certificates shall not be a bond or debt of the State of Nevada, and shall not be enforceable against the state; nor shall payment thereof be enforceable out of any funds of the board of regents other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such revenue certificates.
Sec. 11. The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and revenue certificates may be issued hereunder without regard to the procedure required by any such law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.
Sec. 12. 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.
κ1957 Statutes of Nevada, Page 643 (CHAPTER 360, AB 462)κ
effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 13. This act shall become effective upon passage and approval.
________
Assembly Bill No. 460Miss Herr
CHAPTER 361
AN ACT to amend chapter 34, Statutes of Nevada 1957, entitled An Act to amend chapter 612 of NRS relating to unemployment compensation by creating a new provision relating to the exclusion of services performed by real estate salesmen and real estate brokers from employment under the Unemployment Compensation Law, approved March 4, 1957.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 34, Statutes of Nevada 1957, is hereby amended by adding thereto a new section to be designated section 2, which shall immediately follow section 1, and shall read as follows:
Section 2. This act shall become effective upon passage and approval.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 455Clark County Delegation
CHAPTER 362
AN ACT to amend chapter 268 of NRS relating to the powers and duties common to cities and towns incorporated under general or special laws by creating a new provision relating to the authority of cities and towns to fix, impose and collect taxes for revenue and regulatory purposes and concerning the assignment of the proceeds thereof, and other matters properly relating thereto.
[Approved April 1, 1957]
Whereas, The State of Nevada, by NRS 244.640 to 244.780, inclusive, has authorized and empowered any county in the State of Nevada, having a population, according to the 1950 United States census, or any subsequent federal decennial census, of more than 30,000 persons, in addition to the powers elsewhere conferred upon the county, 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, to equip and furnish the same, to acquire a suitable site or grounds for any recreational facilities, and to issue bonds therefor, at one time, or from time to time; and
κ1957 Statutes of Nevada, Page 644 (CHAPTER 362, AB 455)κ
Whereas, NRS 244.730 authorizes any such county, among other matters, to issue general obligation bonds, the payment of which is additionally secured by a pledge of revenues derived from the operation of the recreational facilities and further secured by a pledge of such other funds as may be legally made available for their payment; and
Whereas, NRS 244.335 authorizes any such county to fix, impose and collect license taxes for revenue purposes on lawful trades, callings, industries, occupations, professions and businesses conducted in the county outside the limits of incorporated cities and towns; and
Whereas, The proceeds of such license taxes can be made available by any county as an additional security for the payment of such general obligation recreational bonds; and
Whereas, The acquisition and operation of such recreational facilities will promote the education, morals, charity, government, amusement, entertainment, recreation, health, welfare and safety of the inhabitants of such incorporated cities and towns; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The city council or other governing body of each incorporated city or town in the State of Nevada, whether or not organized under general law or special charter, shall have the power and jurisdiction:
(a) To fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) To assign the proceeds of any one or more such license taxes to the county within which such city or town is situated for the purpose of making such proceeds available to the county as a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive.
2. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred, by any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 2. If any provision of this act or the application thereof to any person, association, corporation or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 645κ
Assembly Bill No. 72Clark County Delegation
CHAPTER 363
AN ACT to amend NRS sections 269.015 and 269.020 relating to the fixing and definition of boundaries of unincorporated cities and towns and the procedure for annexation of an unincorporated town to an incorporated city.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.015 is hereby amended to read as follows:
269.015 In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power and duty to fix and define the boundaries of any unincorporated town or city in their respective counties within which the jurisdiction herein conferred shall be exercised [.] as follows:
1. In the case of any disincorporated town or city the boundaries shall be fixed at the time of such disincorporation.
2. A change of such boundaries shall be made by the board upon petition of the owners of the majority of the taxable property sought to be detached as provided in NRS 269.020.
[In the case of any disincorporated town or city the boundaries shall be fixed at the time of such disincorporation, but any change of such boundaries shall be made by the board upon petition of the owners of the majority of the taxable property thereof.]
Sec. 2. NRS 269.020 is hereby amended to read as follows:
269.020 1. In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall [have the power to] pass and adopt an ordinance to provide the method by which unincorporated cities and towns, or parts thereof, in their respective counties may be annexed to incorporated cities and towns.
2. Such ordinances must provide:
(a) [for the consent thereto of the owners of the majority of the taxable property of the unincorporated city or town,] That land adjacent and contiguous to the limits of any incorporated city or town shall be detached from the unincorporated town or city at the request of the majority of the property owners of the land sought to be detached.
(b) That the land sought to be detached shall consist of not less than 60 acres.
(c) That if the proposed annexation to an incorporated city or town shall not be accomplished within a 6-month period, the land shall thereupon revert to and again become a part of the unincorporated city or town.
[and no] 3. No annexation thereof shall be effective unless such ordinance [be] is complied with.
________
κ1957 Statutes of Nevada, Page 646κ
Senate Bill No. 191Senators Seevers, Brown, Whitacre and Lattin
CHAPTER 364
AN ACT to amend Title 18 of NRS relating to the state executive department by creating a new chapter establishing the state department of conservation and natural resources; providing for the appointment, qualifications, compensation, powers and duties of the director of such department; providing for the creation of divisions within the department and the appointment and powers and duties of the executive heads of such divisions, and other matters properly relating thereto; to repeal chapter 229 of NRS relating to the surveyor general; to amend chapters 234 and 321 of NRS and NRS sections 321.010, 321.020, 322.010, 324.030, 324.040, 472.010, 472.020, 472.030, 472.040, 472.050, 532.020, 532.060, 532.090, 532.110, 78.080, 154.110, 154.150, 228.150, 243.400, 281.010 and 539.223 and repeal NRS section 532.050 to abolish the office of surveyor general and delete references thereto and to transfer the functions of the surveyor general, the state land register, the state forester firewarden and the state engineer to the state department of conservation and natural resources; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. As used in this chapter:
1. Department means the state department of conservation and natural resources.
2. Director means the director of the state department of conservation and natural resources.
Sec. 3. There is hereby created the state department of conservation and natural resources, in which shall be vested the administration of the provisions of this chapter.
Sec. 4. The position of director of the state department of conservation and natural resources is hereby created.
Sec. 5. 1. The director shall be selected with special reference to his training, experience, capacity and interest in the field of conservation and development of natural resources.
2. The director shall:
(a) Be a registered professional engineer under chapter 625 of NRS;
(b) Possess a wide knowledge of the natural resources of the State of Nevada; and
(c) Have an extensive knowledge of principles of public organization and administration.
Sec. 6. 1. The director shall be appointed by and be responsible to the governor and shall not be in the classified service of the state.
2. He shall receive:
(a) An annual salary of $15,000.
(b) The per diem expense allowance and travel expenses as provided by law.
Sec. 7. The director shall appoint, pursuant to chapter 284 of NRS, such technical, clerical and operational staff as the execution of his duties and the operation of the department may require.
κ1957 Statutes of Nevada, Page 647 (CHAPTER 364, SB 191)κ
Sec. 8. 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The director may, within such limitations as may be provided by law, organize the department into various divisions and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The director shall:
(a) Formulate the policy of the department and the various divisions thereof.
(b) Coordinate the activities of the various divisions of the department.
(c) From time to time adopt, amend and rescind such rules and regulations as he may deem necessary for the operation of the department.
(d) Plan such studies and investigations as he may deem appropriate and carry out the same in conjunction with the various divisions.
(e) Coordinate all studies in the State of Nevada concerned with the supply, development, use and conservation of water.
4. The director may upon request and when the facilities of his department will permit assist the governor and other state departments or agencies in connection with technical matters pertaining to interstate waters and other matters related to the development or conservation of natural resources.
Sec. 9. The attorney general shall be counsel and attorney for the department. The attorney general, with the advice and consent of the director, shall designate one of his deputies to be counsel and attorney for the department in all actions, proceedings and hearings. The deputy so designated shall:
(a) Be legal advisor of the department in all matters relating to the department and to the powers and duties of its officers.
(b) Maintain his office in Carson City, Nevada, in an office provided by the department.
(c) Be in the classified service of the state.
2. The compensation of such deputy shall be paid from funds provided for the support of the department.
Sec. 10. The department shall consist of:
1. The division of water resources.
2. The division of state lands.
3. The division of forestry.
4. The division of oil and gas conservation.
5. Such other divisions as the director may in his discretion from time to time establish, to cooperate with the various committees, districts, associations and political subdivisions concerned with conservation and natural resources.
Sec. 11. 1. The executive head of the division of water resources shall be the state engineer, who shall be appointed by and be responsible to the director.
2. The state engineer and the employees of the division of water resources shall have such powers and shall perform such duties as are conferred upon the state engineer pursuant to Title 48 of NRS and the provisions of any other laws.
κ1957 Statutes of Nevada, Page 648 (CHAPTER 364, SB 191)κ
resources shall have such powers and shall perform such duties as are conferred upon the state engineer pursuant to Title 48 of NRS and the provisions of any other laws.
Sec. 12. The division of state lands shall be administered by the director, who shall be ex officio state land register.
Sec. 13. 1. The executive head of the division of forestry shall be the state forester firewarden, who shall be appointed by and be responsible to the director.
2. The state forester firewarden and the employees of the division of forestry shall have such powers and shall perform such duties as are conferred upon the state forester firewarden pursuant to chapters 472 and 528 of NRS and the provisions of any other laws.
Sec. 14. The division of oil and gas conservation shall be administered by the director in cooperation with the Nevada oil and gas conservation commission in connection with carrying out the intent and purposes of chapter 522 of NRS and any other laws relating to the conservation of oil and gas.
Sec. 15. 1. Funds to carry out the provisions of this chapter and to support the department and its various divisions shall be provided by direct legislative appropriation from the general fund.
2. All moneys so appropriated shall be paid out on claims approved by the director in the same manner as other claims against the state are paid.
Sec. 16. Upon the effective date of this act:
1. All employees of the surveyor general, the state land register, the state engineer, the state forester firewarden and the oil and gas conservation commission of Nevada shall become and be deemed employees of the department and the various divisions thereof, and they shall retain without impairment or diminution all rights and status now applicable to them pursuant to chapter 284 of NRS.
2. All personnel, records, papers, files, registers, property, equipment and funds of the surveyor general, the state land register, the state engineer, the state forester firewarden and the oil and gas conservation commission of Nevada shall be transferred to the state department of conservation and natural resources.
Sec. 17. Chapter 229 of NRS is hereby repealed.
Sec. 18. NRS 321.010 is hereby amended to read as follows:
321.010 1. For the purpose of selecting and disposing of the lands that have been or may hereafter be granted by the United States to the State of Nevada, including the 16th and 36th sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a state land office is hereby created.
2. The [surveyor general] director of the state department of conservation and natural resources is hereby made ex officio state land register.
Sec. 19. NRS 321.020 is hereby amended to read as follows:
321.020 The [surveyor general,] director of the state department of conservation and natural resources, as state land register, shall be required to give a bond in the sum of $10,000 for the faithful performance of his duties. The bond shall be approved by the governor and filed in the office of the secretary of state.
κ1957 Statutes of Nevada, Page 649 (CHAPTER 364, SB 191)κ
Sec. 20. Chapter 321 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state land register shall charge the following fees:
For making a certified copy of a contract to purchase state lands and for the renewal of a contract, each..................................................................... $1.00
For township diagrams showing forfeited lands for sale and price of same, when the number exceeds 5 in an order, each............................................... .20
For a township diagram showing state entries only, each...................... .50
For a township plat showing entries, names of entrymen and agents, kinds of entries, also forfeited lands for sale, each............................................ 2.00
Plus 10 cents per name for each entryman.
For a complete tracing of a township plat showing entries, forfeited lands for sale, names of entrymen and agents, with number and date of entry, kinds of entries, topography, per township plat................................................ 5.00
Plus 10 cents per name for each entryman.
For making a certified copy of any record or instrument not included in the above, for the original, per folio............................................................ .20
For each carbon copy, per folio...................................................... .05
2. All fees charged and collected under this section shall be accounted for by the state land register and paid into the state treasury for the state permanent school fund.
Sec. 21. NRS 322.010 is hereby amended to read as follows:
322.010 The [surveyor general of the State of Nevada] director of the state department of conservation and natural resources is authorized to lease any land now or hereafter owned by the State of Nevada, or which may hereafter be granted it by the United States of America, except contract lands, upon terms as provided in this chapter.
Sec. 22. NRS 324.030 is hereby amended to read as follows:
324.030 1. The selection, management and disposal of such land shall be vested in the state commission of industry, agriculture and irrigation, which is hereby created, consisting of the governor, the state engineer and the [surveyor general.] director of the state department of conservation and natural resources.
2. The commission may sue and be sued in any action at law brought under the provisions of this chapter in the name of The State Commission of Industry, Agriculture and Irrigation.
Sec. 23. NRS 324.040 is hereby amended to read as follows:
324.040 1. The [surveyor general] director of the state department of conservation and natural resources is hereby designated as state register of lands under the Carey Act.
2. The state register of lands under the Carey Act, subject to the general supervision and control of the commission, shall:
(a) Be the custodian of all papers, documents, maps and plats relating to Carey Act lands.
(b) Receive and receipt for all fees and payments required to be paid under the provisions of this chapter or under any rule or regulation of the commission.
(c) Deposit all fees and payments received by him with the state treasurer to the credit of the Carey Act trust fund.
κ1957 Statutes of Nevada, Page 650 (CHAPTER 364, SB 191)κ
(d) Conduct all correspondence relating to Carey Act lands.
(e) Perform such other duties as the commission may prescribe.
3. The state register of lands under the Carey Act is hereby named as the authorized agent of the state to enter into and to execute, for and in behalf of the state, the agreement prescribed by the Secretary of the Interior binding the state in respect to the disposal of lands under the Carey Act.
4. For services performed under the provisions of this chapter the [surveyor general] director of the state department of conservation and natural resources shall receive no compensation.
Sec. 24. NRS 472.010 is hereby amended to read as follows:
472.010 There is hereby created the position of state forester firewarden. The state forester firewarden shall be [the surveyor general acting in an ex officio capacity.] appointed by and be responsible to the director of the state department of conservation and natural resources.
Sec. 25. NRS 472.020 is hereby amended to read as follows:
472.020 [1. There is hereby created the position of assistant state forester firewarden.
[2. The assistant state forester firewarden shall be appointed by the state forester firewarden upon the approval of the state board of forestry and fire control.
[3.] The [assistant] state forester firewarden must be:
[(a)] 1. A graduate of a recognized school of forestry, or the equivalent.
[(b)] 2. Trained in fire control work.
[4. The assistant state forester firewarden shall receive an annual salary of $6,300.]
Sec. 26. 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 six 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 Cattlemens Association;
(c) One member who shall be representative of the agricultural industry;
(d) One member who shall be a representative of users of beneficial water;
(e) One member who shall be a representative of the lumber and forest products industry; and
(f) One member who shall be a representative of the public at large.
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 Cattlemens Association for terms of 2 years.
(b) One member who shall be a representative of the agricultural industry and one member who shall be a representative of users of beneficial water for terms 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.
κ1957 Statutes of Nevada, Page 651 (CHAPTER 364, SB 191)κ
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. A vacancy shall be filled by the governor for the unexpired term.
4. 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.
5. The board shall meet on the last Friday in April and on the 1st Friday in October at any convenient place in the state, and may meet at other times upon call by the secretary.
6. 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.
7. The duties of the board shall be:
(a) To represent the interests of the State of Nevada in federal land matters pertaining to forestry and fire control; and
(b) To protect the interest of the State of Nevada in forest and watershed resources on state and private lands.
8. 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 [office of] 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.
Sec. 27. NRS 472.040 is hereby amended to read as follows:
472.040 1. The duties of the state forester firewarden [or his assistant] shall be to:
(a) Supervise or coordinate all forestry and watershed work on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private individuals.
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and to perform such other duties as might be designated by the director of the state department of conservation and natural resources, the state board of forestry and fire control or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
2. The state forester firewarden [or his assistant] is authorized in carrying out the provisions of this chapter to:
(a) Appoint such paid foresters and firewardens as he may deem necessary to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board or boards of county commissioners of the county or counties concerned, and when so appointed the foresters and firewardens shall have only the police powers necessary to enforce the provisions of such laws.
κ1957 Statutes of Nevada, Page 652 (CHAPTER 364, SB 191)κ
(b) Appoint, in such number and localities as he may deem proper, suitable citizen-wardens who shall have all of the police powers of paid firewardens. Such citizen-wardens shall serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden of his duly appointed and authorized assistants.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Such voluntary firewardens shall have all of the police powers of paid firewardens, but they shall receive no compensation for their services.
(d) Employ, with the consent of the director of the state department of conservation and natural resources, clerical assistance, county and district coordinators, patrolmen, fire fighters, and other employees as needed, and to expend such sums as may be necessarily incurred for this purpose.
(e) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(f) With the approval of the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative purposes. No real property shall be purchased or accepted unless an examination of the title shows such property to be free from encumbrances, with title vested in the grantor. The title to such real property shall be examined and approved by the attorney general.
Sec. 28. NRS 472.050 is hereby amended to read as follows:
472.050 1. The state forester firewarden is authorized and directed to represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire, and to enter into such other agreements with boards of county commissioners, municipalities, organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.
2. Any federal funds allotted to the State of Nevada under the terms of the federal agreements and such other funds as may be received by the state for the management and protection of forests and watershed areas therein shall be deposited in the state treasury in the forest protection fund hereby created, which fund shall be used for the sole purposes of managing and protecting forests and watershed areas in the manner prescribed by the terms and provisions in the cooperative agreements, and all moneys accumulating in the fund are hereby appropriated for these purposes to be paid only on claims approved by the state forester firewarden [.] and the director of the state department of conservation and natural resources.
Sec. 29. NRS 532.020 is hereby amended to read as follows:
532.020 The state engineer shall be appointed by [the governor.] and be responsible to the director of the state department of conservation and natural resources, and shall be in the unclassified service of the state.
κ1957 Statutes of Nevada, Page 653 (CHAPTER 364, SB 191)κ
and be responsible to the director of the state department of conservation and natural resources, and shall be in the unclassified service of the state. [He shall hold office for a term of 4 years from and after his appointment, or until his successor shall have been appointed.]
Sec. 30. NRS 532.050 is hereby repealed.
Sec. 31. (Deleted by amendment.)
Sec. 32. NRS 532.090 is hereby amended to read as follows:
532.090 1. Subject to the provisions of chapter 284 of NRS, the state engineer may, with the consent of the director of the state department of conservation and natural resources, employ an assistant state engineer, a deputy state engineer, a field engineer, an office engineer, an office manager, a secretary, and necessary stenographers and typists.
2. With the approval of the [state board of examiners] director of the state department of conservation and natural resources first had and obtained, the state engineer may employ such other assistants at such salaries or compensation as may be necessary, and such assistants shall, where practicable, be paid monthly as state officers are paid. Otherwise they shall be paid by the state treasurer on warrants drawn by the state controller on the certificate of the state engineer.
Sec. 33. NRS 532.110 is hereby amended to read as follows:
532.110 The state engineer shall perform such duties as are or may be prescribed by law [.] and the director of the state department of conservation and natural resources.
Sec. 34. Chapter 234 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All maps of state boundaries shall be filed in the office of the director of the state department of conservation and natural resources.
Sec. 35. NRS 78.080 is hereby amended to read as follows:
78.080 1. The right-of-way is hereby given and granted to all railroad companies that are now organized, or may be organized under the provisions of this chapter, or under the laws of any other state or territory, or under any act of Congress, to locate, construct and maintain their roads, or any part or parcel thereof, over and through any of the swamp or overflowed lands belonging to this state, or any other public lands which are now or may be the property of the state, at the time of constructing the railroad.
2. Such railroad companies are hereby authorized to survey and mark through the lands of the state, to be held by them for the track of their respective railroads, 200 feet in width, for the whole length the roads may be located over the lands of the state; and the right is hereby further given and granted to the companies to locate, occupy and hold all necessary sites and grounds for watering places, depots or other buildings, for the convenient use of the same, along the line of the road or roads, so far as the places convenient for the same may fall upon the lands belonging to the state, except within the limits of any incorporated city or town, or within 3 miles where the same shall be taken, on paying to the state the value of the same.
3. No one depot, watering place, machine or workshop, or other buildings for the convenient use of such roads, shall cover over 6 acres each and the sites or places on the lands of this state shall not be nearer to each other than 5 miles along the line of the roads.
κ1957 Statutes of Nevada, Page 654 (CHAPTER 364, SB 191)κ
4. The right is hereby further given and granted to the companies to take from any of the lands belonging to this state all such materials of earth, wood, stone or other materials whatever, as may be necessary or convenient, from time to time, for the first construction or equipment of the road or roads, or any part thereof.
5. If any road, at any time after its location, shall be discontinued or abandoned by the company or companies, or the location of any part thereof be so changed as not to cover the lands of the state thus previously occupied, then the lands so abandoned or left shall revert to this state.
6. When the location of the route of either of the railroads, or sites or places for depots, watering places, machine or workshops or other buildings for the convenient use of the same, shall be selected, the secretary of the company shall transmit to the [surveyor general,] director of the state department of conservation and natural resources, and to the state controller, and to the recorder of the county in which the lands so selected are situated, to each of the officers, a correct plot of the location of the railroad, or sites or places, before such selection shall become operative.
7. When any such company shall, for its purposes aforesaid, require any of the lands belonging to any of the counties, cities or towns in this state, the county, city and town officers, respectively, having charge of such lands, may grant and convey such land to such company, for a compensation which shall be agreed upon between them, or may donate and convey the same without any compensation; and if they shall not agree upon the sale and price, the same may be taken by the company as is provided in other cases of taking lands by condemnation.
8. Before any corporation incorporated or organized otherwise than under the laws of this state shall be entitled to any of the rights granted by this chapter, it shall file in the office of the county recorder of each county in which the railroad, or any part, extension or branch thereof shall be situate, a copy of its certificate or articles of incorporation, or of the act or law by which it was created, with the certified list of its officers, in the manner and form required by law.
Sec. 36. NRS 154.110 is hereby amended to read as follows:
154.110 1. The state controller shall keep a just and true account of all money paid into the state treasury, and also of all lands and personal property vested in the state by escheat.
2. The [surveyor general] director of the state department of conservation and natural resources shall keep a just and true record or description of all real estate and personal property vested in the state by escheat. When describing land involved in an escheatment, the description shall be shown by legal subdivision or by a metes and bounds description sufficiently accurate to identify the ground on an approved township plat from the Bureau of Land Management; or, if within an approved townsite, by reference to the lot, block, and tract or subdivision.
Sec. 37. NRS 154.150 is hereby amended to read as follows:
154.150 1. A person desiring to acquire title to any individual item or parcel of land which has escheated to the state must proceed by application to the [surveyor general] director of the state department of conservation and natural resources on forms obtainable at his office and in the manner described in NRS 154.150 to 154.180, inclusive.
κ1957 Statutes of Nevada, Page 655 (CHAPTER 364, SB 191)κ
by application to the [surveyor general] director of the state department of conservation and natural resources on forms obtainable at his office and in the manner described in NRS 154.150 to 154.180, inclusive.
2. When applying for unimproved real estate outside of approved townsites, no application will be accepted for a parcel of land less than the smallest legal subdivision (40 acres) unless the area in its entirety is less than 40 acres. In such case that portion of the subdivision shall be described and disposed of on one application, unless, in the discretion of the [surveyor general,] director of the state department of conservation and natural resources, it is found that the remaining portion could be disposed of within a reasonable length of time, and would not become an isolated tract. He could then accept an application for a portion of the tract, provided that a survey be made and a plat submitted on tracing cloth (24" x 32") on which would be set forth an accurate metes and bounds description of the property, with at least one corner of the property tied to a point on the United States public land surveys.
Sec. 38. NRS 228.150 is hereby amended to read as follows:
228.150 1. When required, the attorney general shall give his opinion, in writing, upon any question of law, to the governor, the secretary of state, the state controller, the state treasurer, the [surveyor general,] director of the state department of conservation and natural resources, the trustees, commissioners, or warden of the state prison, the state hospital, or the officers of any state institution, and to any district attorney, upon any question of law relating to their respective offices.
2. For no duty required of him by law shall he be entitled to receive any fee whatever.
Sec. 39. NRS 243.400 is hereby amended to read as follows:
243.400 The county surveyors of the several counties where such boundaries are surveyed are required to make out a report and maps of the same, one copy to be deposited with the county clerks of the counties, and a joint copy of the counties adjoining to be transmitted to the [surveyor general.] director of the state department of conservation and natural resources.
Sec. 40. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Three justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
κ1957 Statutes of Nevada, Page 656 (CHAPTER 364, SB 191)κ
[(m) A surveyor general.
[(n)] (m) A superintendent of state printing.
[(o)] (n) An inspector of mines.
[(p)] (o) Other officers whose elections are provided for by law.
[(q)] (p) For each county:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court in his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor.
(6) One county treasurer.
(7) One county surveyor.
(8) The number of county commissioners as provided by law.
(9) One county recorder, who shall be ex officio county auditor.
(10) Justices of the peace.
(11) Constables.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
Sec. 41. NRS 539.223 is hereby amended to read as follows:
539.223 1. The right-of-way is hereby given, dedicated and set apart for the purpose of locating, constructing, operating and maintaining irrigation or other works of a district, including reservoirs, over, upon and through any of the lands which are now or which may hereafter be the property of the state.
2. When such rights-of-way or reservoirs are or will be occupied by a district for any of the purposes specified in this chapter, the [surveyor general] director of the state department of conservation and natural resources shall, upon receipt of a certificate to that effect from the state engineer, forthwith withdraw such lands from sale and issue his certificate and notice to the district affected, stating in substance that such lands have been and shall continue to be withdrawn from sale during the period such rights-of-way or reservoirs shall remain in use and operation.
Sec. 42. Upon the effective date of this act the office of surveyor general is hereby abolished, and the state controller and the state treasurer are hereby directed that, notwithstanding the provisions of any other law, they shall not issue or pay any warrants drawn upon the state treasury in payment of any salary, subsistence allowance or travel expense of the surveyor general for any period after July 1, 1957.
________
κ1957 Statutes of Nevada, Page 657κ
Senate Bill No. 169Senator Brown
CHAPTER 365
AN ACT to amend chapter 277 of NRS relating to cooperative agreements between the state, counties, cities, districts and other public agencies by creating a new provision relating to contracts between political subdivisions concerning water or sewage facilities, and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 277 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In any county having a population of 85,000 or more, any county, city, town, unincorporated city or town, water district, sewer or sanitation district or other political subdivision of the state authorized by law to acquire, operate and maintain water or sewage facilities, or both, or to improve a governmental service in connection therewith, may contract with one or more of such political subdivisions, provided such contract shall be authorized by each party thereto with the approval of its legislative body or other authority having the power to enter into or approve such contract.
2. Any such contract shall set forth fully the purposes, powers, rights, obligations and responsibilities, financial and otherwise, of the contracting parties.
3. The contract may:
(a) Include, among other things, the renting of machinery and equipment, mobile or otherwise.
(b) Provide for the payment for water facilities, sewer facilities, lands, rights in land and water rights sold, leased or otherwise alienated, such payment to be made within a period of time not exceeding 30 years from the date of the contract from the rates, fees, tolls or charges derived from the operation of the water or sewer facilities, or both, upon such terms and conditions as may be specified in the contract, without such obligation being authorized by any qualified electors of any political subdivision which is a party to the contract.
4. The equipment and employees of any such political subdivision, while engaged in performing any such governmental service, activity or undertaking under such a contract, shall have and retain all the rights, privileges and immunities of, and shall be deemed to be engaged in the service and employment of, such political subdivision, notwithstanding such governmental service, activity or undertaking is being performed in or for another such political subdivision.
5. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
κ1957 Statutes of Nevada, Page 658 (CHAPTER 365, SB 169)κ
6. This section being necessary to secure and preserve the public health, safety and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 168Senator Brown
CHAPTER 366
AN ACT to amend chapter 244 of NRS relating to county government by creating a new provision relating to the powers and duties of counties in connection with water and sanitation, facilities therefor, water and sewer systems, obligations incurred in connection therewith; providing penalties; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of county commissioners of any county having a population of 85,000 or more shall have the power, outside of the limits of incorporated cities and towns:
(a) To construct, acquire by gift, purchase or the exercise of eminent domain, otherwise acquire, reconstruct, improve, extend, better and repair water and sewer facilities, such as:
(1) A water system, including but not limited to water mains, conduits, aqueducts, pipelines, ditches, canals, pumping stations, and all appurtenances and machinery necessary or useful and convenient for obtaining, transporting or transferring water.
(2) A water treatment plant, including but not limited to reservoirs, storage facilities, and all appurtenances necessary or useful and convenient thereto for the collection, storage and treatment, purification and disposal of water for domestic uses and purposes.
(3) A storm sewer or sanitary sewage collection system, including but not limited to intercepting sewers, outfall sewers, force mains, collecting sewers, storm sewers, combined sanitary and storm sewers, pumping stations, ejector stations, and all other appurtenances necessary, useful or convenient for the collection, transportation and disposal of sewage.
(4) A sewage treatment plant, including but not limited to structures, buildings, machinery, equipment, connections and all appurtenances necessary, useful or convenient for the treatment, purification or disposal of sewage.
(b) To acquire by gift, purchase or the exercise of the right of eminent domain, lands or rights in land or water rights in connection therewith, including but not limited to easements, rights-of-way, contract rights, leases, franchises, approaches, dams and reservoirs.
(c) To operate and maintain any such water facilities, sewer facilities, lands, rights in land and water rights.
κ1957 Statutes of Nevada, Page 659 (CHAPTER 366, SB 168)κ
(d) To sell, lease, donate for public use and otherwise dispose of such water facilities, sewer facilities, lands, rights in land and water rights.
(e) To prescribe and collect rates, fees, tolls or charges, including but not limited to the levy or assessments of such rates, fees, tolls or charges against governmental units, departments or agencies, including the State of Nevada and political subdivisions thereof, for the services, facilities and commodities furnished by such water facilities and sewer facilities and to provide methods of collections, and penalties, including but not limited to denial of service, for nonpayment of such rates, fees, tolls or charges.
(f) To provide it is unlawful for any persons, associations and corporations owning, occupying or in any way controlling any building or other structure, any part of which is within 400 feet of any street, alley, court, passageway, other public highway, right-of-way, easement or other alley owned or occupied by the county in which a public sewer is then in existence and use, to construct, otherwise acquire, to cause or permit to be constructed or otherwise acquired, or to use or continue to use any private sewage disposal plant, privy vault, septic tank, cesspool or other private sewage system, upon such terms and conditions as the board of county commissioners may provide.
(g) To provide for the disconnection of plumbing facilities from any such private sewage facilities and for the discontinuance and elimination of such private sewage facilities.
2. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
3. This section being necessary to secure and preserve the public health, safety and convenience and welfare, it shall be liberally construed to effect its purpose.
4. Any person, association or corporation violating any of the provisions of any ordinance adopted pursuant to this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 660κ
Senate Bill No. 132Committee on State Institutions
CHAPTER 367
AN ACT to amend chapter 160 of NRS and NRS section 160.160 relating to veterans guardianship by creating new provisions and amending existing provisions relating to the commitment of veterans.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 160.160 is hereby amended to read as follows:
160.160 [Whenever it appears that a veteran of any war, military occupation or expedition is eligible for treatment in a United States Veterans Administration hospital and commitment to such hospital is necessary for the proper care and treatment of the veteran, the courts of this state are hereby authorized to communicate with the official in charge of such hospital with reference to available facilities and eligibility, and upon receipt of a certificate from the official in charge of the hospital the court may then direct the veterans commitment to such United States Veterans Administration hospital. Thereafter the veteran, upon admission, shall be subject to the rules and regulations of the hospital, and the officials of the hospital shall be vested with the same powers now exercised by the superintendent of the Nevada state hospital with reference to the retention of custody of the veteran so committed. Notice of the pending proceedings shall be furnished the person to be committed and his right to appear and defend shall not be denied.]
1. In any proceeding under the laws of this state for commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his care, the court may commit such person to the Veterans Administration or other agency of the United States Government, whenever:
(a) It is determined after such adjudication of the status of such person as may be required by chapter 433 of NRS that commitment to a hospital for mental disease or other institution is necessary for safekeeping or treatment; and
(b) It appears that such person is eligible for care or treatment by the Veterans Administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein.
2. The person whose commitment is sought shall be personally served with notice of the pending commitment proceeding in the manner provided by chapter 433 of NRS. Nothing in this chapter shall affect such persons right to appear and be heard in the proceedings.
Sec. 2. Chapter 160 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. Upon commitment, such person shall be subject to the rules and regulations of the Veterans Administration or other agency when admitted to any facility operated by any such agency within or without this state.
2. The chief officer of any facility of the Veterans Administration or institution operated by any other agency of the United States to which the person is so committed shall, with respect to such person, be vested with the same powers as the superintendent of the Nevada state hospital with respect to retention of custody, transfer, parole or discharge.
κ1957 Statutes of Nevada, Page 661 (CHAPTER 367, SB 132)κ
or institution operated by any other agency of the United States to which the person is so committed shall, with respect to such person, be vested with the same powers as the superintendent of the Nevada state hospital with respect to retention of custody, transfer, parole or discharge.
3. The committing court shall retain jurisdiction:
(a) To inquire, at any time, into the mental condition of persons so committed.
(b) To determine the necessity for continuance of his restraint.
Sec. 4. 1. Upon receipt of a certificate of the Veterans Administration or such other agency of the United States that facilities are available for the care or treatment of any person heretofore committed to the Nevada state hospital and that such person is eligible for care or treatment, the superintendent of the Nevada state hospital may cause the transfer of such person to the Veterans Administration or other agency of the United States for care or treatment.
2. The committing court shall be notified by the superintendent of the Nevada state hospital upon effecting such transfer.
3. No person shall be transferred to the Veterans Administration or other agency of the United States if he be confined pursuant to conviction of a felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court originally committing such person shall enter an order for such transfer after appropriate motion and hearing.
4. Any person transferred as provided in this section shall be deemed to be committed to the Veterans Administration or other agency of the United States pursuant to the original commitment.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 26Committee on Aviation, Transportation and Highways
CHAPTER 368
AN ACT to amend NRS section 11.230 relating to limitations applicable to actions by or for the state and to repeal NRS section 11.050 relating to when the state will not sue any person regarding real property.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 11.230 is hereby amended to read as follows:
11.230 [The] Except for the provisions of NRS 11.030 and 11.040, the limitations prescribed in this chapter shall apply solely to actions regarding personal property brought in the name of the state, or for the benefit of the state, and in the same manner as to actions by private parties.
Sec. 2. NRS 11.050 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 662κ
Senate Bill No. 52Senators Lamb and Cord
CHAPTER 369
AN ACT to amend NRS section 244.275 relating to power of boards of county commissioners to lease or purchase real or personal property for the use of the county.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.275 is hereby amended to read as follows:
1. The board of county commissioners shall have power and jurisdiction in their respective counties to lease or purchase any real or personal property necessary for the use of the county. [; but no]
2. No purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons to be appointed for that purpose by the district judge. The persons so appointed shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability.
3. Notwithstanding the provisions of NRS 354.010, the board of county commissioners may enter into conditional sales contracts or other contracts providing for deferred payment of the purchase price of any equipment, supplies, materials or other personal property purchased for the county, but as provided in NRS 244.320, no member of the board shall be allowed to vote on any contract which extends beyond his term of office.
________
Senate Bill No. 19Committee on Aviation, Transportation and Highways
CHAPTER 370
AN ACT to amend Title 35 of NRS relating to highways, roads, bridges and parks by creating a new chapter relating to state highways and roads; declaring the legislative intent; defining certain words and terms; creating a department of highways and its board of directors; creating the office of state highway engineer; providing certain funds for public highway purposes; defining and describing the state highway system and designating routes; providing for the construction, improvement and maintenance of highways and for the acquisition and disposal of property for highway purposes; providing penalties for violations thereof; to repeal chapters 401 and 402 of NRS relating to federal and state highways; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 35 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 198, inclusive, of this act.
Sec. 2. This chapter shall be known as the Highways and Roads Law.
κ1957 Statutes of Nevada, Page 663 (CHAPTER 370, SB 19)κ
Sec. 3. 1. Unless the particular provision or the context otherwise requires, the rules of construction and general provisions set forth in this section shall govern the construction of this chapter.
2. Whenever any power or authority is given to, or any duty is imposed upon, any person by the provisions of this chapter it may be exercised or performed by any deputy or person authorized by him unless it is expressly provided that it shall be exercised in person.
3. Whenever any reference is made to any portion of this chapter or of any other law, such reference shall apply to all amendments and additions thereto.
4. The present tense shall include the past and future tenses, and the future, the present.
5. The masculine gender shall include the feminine and neuter.
6. The singular number includes the plural, and the plural, the singular.
Sec. 4. As used in this chapter the words and terms defined in sections 5 to 19, inclusive, shall, unless the context otherwise requires, have the meanings ascribed to them in sections 5 to 19, inclusive.
Sec. 5. Accountant means the chief accountant of the department of highways.
Sec. 6. Assistant engineer means the assistant state highway engineer.
Sec. 7. Board means the board of directors of the department of highways.
Sec. 8. City means any municipality incorporated under state law.
Sec. 9. Department means the department of highways of the State of Nevada.
Sec. 10. Encroachment means any tower, pole, pole line, wire, pipe, pipeline, fence, billboard, approach road, driveway, stand or building, crop or crops, flora or any structure which is placed in, upon, under or over any portion of highway rights-of-way.
Sec. 11. Engineer means the state highway engineer.
Sec. 12. Freeway means a highway or road in respect to which the owners or occupants of abutting lands and other persons have no abutters rights of light, view and air, or easements of access to and from the abutting lands, or in respect to which such owners and other persons have only those limited or restricted abutters rights or easements of access allowed, designated and described by the department.
Sec. 13. Frontage road means any frontage road, service road, frontage highway, or service highway providing service and access from areas adjacent to a highway or freeway.
Sec. 14. Highway means roads, bridges, structures, culverts, curbs, drains and all buildings, communication facilities, services and works incidental to highway construction, improvements and maintenance required, laid out, constructed, improved or maintained as such pursuant to constitutional or legislative authorization.
Sec. 15. Person means any natural person, firm, partnership, association, corporation, organization or business trust and their representatives, trustees or receivers appointed by any court of competent jurisdiction.
κ1957 Statutes of Nevada, Page 664 (CHAPTER 370, SB 19)κ
Sec. 16. Rights-of-way means land, property or any interest therein acquired for or devoted to highways whether or not the entire area of such is actually used for highway purposes.
Sec. 17. Section means a section of this chapter unless some other statute, law or chapter is specifically mentioned.
Sec. 18. Shall is mandatory and may is permissive.
Sec. 19. Town means any unincorporated city or town governed by the board of county commissioners of the county where the same is located.
Sec. 20. Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the state, and that an adequate highway system is a vital part of the national defense, the legislature hereby determines and declares that:
1. An integrated system of highways and roads is essential to the general welfare of the state.
2. Providing of such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.
3. Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the state, depreciating property values, and impeding general economic and social progress of the state.
4. In designating the highways and roads of the state as provided in this chapter, the legislature places a high degree of trust in the hands of those officials whose duty it shall be, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads facilities of this state, for present as well as for future use.
5. To this end, it is the express intent of the legislature to make the board of directors of the department of highways custodian of the state highways and roads and to provide sufficiently broad authority to enable the board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the constitution and the legislative mandate proposed in this chapter.
6. The legislature intends:
(a) To declare, in general terms, the powers and duties of the board of directors, leaving specific details to be determined by reasonable rules and regulations and declarations of policy which the board may promulgate.
(b) By general grant of authority to the board of directors, to delegate sufficient power and authority to enable the board to carry out the broad objectives herein contained.
7. The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing accident frequency and taking all necessary steps to insure safe and convenient transportation on these public ways is no less urgent.
8. The legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of transportation facilities in the state, and other related purposes necessarily included therein, and as a contribution to the system of national defense.
κ1957 Statutes of Nevada, Page 665 (CHAPTER 370, SB 19)κ
9. The words construction, maintenance and administration used in section 5 of Article IX of the constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as hereinafter established, including but not limited to the publication by the department of a magazine to be known as Nevada Highways and Parks, and the landscaping, roadside improvements and planning surveys of the state highways and roads.
Sec. 21. 1. There is hereby created a department of highways, which shall be administered by a board of directors consisting of three directors. The directors shall be the governor, the attorney general and the state controller.
2. The officers designated shall serve as directors, the duties created in this chapter being ex officio.
Sec. 22. The governor shall be the chairman of the board. In his absence or inability to act, any director may act as chairman.
Sec. 23. The department shall maintain its principal offices at Carson City, Nevada. Such offices shall be kept open at such times as the business of the department and the convenience or the interest of the public may require. Such offices shall be under the supervision of the engineer.
Sec. 24. 1. The board shall adopt a seal for use in authenticating contracts, records and proceedings of the department.
2. The board shall appoint a secretary from within the department, who shall:
(a) Attend all meetings of the board.
(b) Keep complete and accurate records of all the meetings, business and transactions of the board.
(c) Keep in his custody the seal of the board, and may impress it upon all contracts and other papers or documents on which such seal shall be necessary or appropriate.
(d) With the approval of the board, prepare upon request of any interested person copies of any contract and such other papers or documents as are in his custody, and he may certify to the same; but he shall not permit the originals to be taken from his custody by any person except members and employees of the department.
(e) Receive no extra compensation for his services.
3. The duties of the secretary shall be ex officio and the appointment of such secretary shall not be subject to the provisions of chapter 284 of NRS.
Sec. 25. The board may:
1. Adopt such rules, bylaws, motions and resolutions, not inconsistent with this chapter, as may be necessary to govern the administration, activities and proceedings of the department.
2. On behalf of the State of Nevada, enter into agreements with any adjoining state, or any proper agency of such state, for the construction, reconstruction, improvement, operation and maintenance by any party to such agreement, in such manner and by such means as may be provided in the agreement, of bridges over interstate waters, and may enter into like agreements with respect to construction, reconstruction, improvement, operation and maintenance of highways within the State of Nevada or such adjoining state, when such highways are at or near the common boundary of the states.
κ1957 Statutes of Nevada, Page 666 (CHAPTER 370, SB 19)κ
within the State of Nevada or such adjoining state, when such highways are at or near the common boundary of the states.
3. Authorize the department to join associations of highway officials of other states and other organizations which have been heretofore or may hereafter be established, having as their purpose the interchange of information, establishment of standards and policies relating to highway construction, reconstruction, improvement, maintenance and administration.
Sec. 26. The board shall hold meetings at such times, in such places and for such periods and purposes as the board may deem essential to the proper execution of the provisions of this chapter.
Sec. 27. The board shall:
1. Consider, at its meetings, all questions relating to the general policy of the department and transact such business as may properly come before it.
2. Receive and consider, at such time as the board may select, the annual report of the engineer.
3. Act for the department in all matters relating to recommendations, reports and such other matters as the board finds advisable to submit to the legislature.
4. Maintain a record of all proceedings of the board.
5. Execute all instruments and documents in the name of the state or the department necessary for the carrying out of the provisions of this chapter.
6. Delegate to the engineer such authority as it deems necessary under the provisions of this chapter.
7. Act by resolution, vote or order entered in its records.
Sec. 28. 1. Subject to the approval of the board, the attorney general shall, immediately upon request by the board, appoint an attorney at law, who shall be the chief counsel of the department, and such assistant attorneys as are necessary. Attorneys so appointed by the attorney general shall be deputy attorneys general.
2. The chief counsel shall act as the attorney and legal adviser of the department in all actions, proceedings, hearings and all matters relating to the department and to the powers and duties of its officers.
3. Under the direction of or in the absence of the chief counsel, the assistant attorneys shall have full authority to perform any duty required or permitted by law to be performed by the chief counsel.
4. The chief counsel and assistant attorneys shall be in the unclassified service of the state notwithstanding any provisions of chapter 284 to the contrary. Compensation for their services shall be set by the board and paid from the state highway fund.
5. All contracts, instruments and documents executed by the department shall be first approved and endorsed as to legality and form by the chief counsel.
Sec. 29. The department is authorized to accept donations of money, labor and materials to be expended or used upon highways at such points or places as may be designated by the donor.
Sec. 30. 1. All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the department is name as a party defendant shall be personally served upon the engineer and also personally served upon the chairman of the board; or, in the absence of the engineer and the chairman of the board, such process shall be served personally upon the secretary of state and also upon an assistant engineer.
κ1957 Statutes of Nevada, Page 667 (CHAPTER 370, SB 19)κ
engineer and also personally served upon the chairman of the board; or, in the absence of the engineer and the chairman of the board, such process shall be served personally upon the secretary of state and also upon an assistant engineer.
2. All legal actions brought and defended by the department shall be in the name of the State of Nevada on relation of its department.
3. This section shall not be construed as a consent on the part of the department to be sued.
Sec. 31. 1. United States Highway No. 6, as now or hereafter located in this state, shall be known and designated as Grand Army of the Republic Highway and U. S. 6.
2. The engineer is directed to place suitable markers along the highway at such points as he deems appropriate.
Sec. 32. 1. The board shall select a state highway engineer.
2. The engineer shall be a competent engineer, skilled and experienced in highway and bridge design, who shall have had at least 5 years experience in highway construction.
3. The engineer shall be in the unclassified service of the state.
Sec. 33. The engineer shall receive an annual salary as determined by the board in a sum not less than $12,000, which shall be payable out of the state highway fund in equal semimonthly or biweekly installments, upon the authority of a certificate from the board, approved by the state board of examiners, evidencing the amount so fixed.
Sec. 34. The engineer shall devote his whole time to the duties of his office, and may be removed by the board at any time.
Sec. 35. Subject to the provisions of chapter 284 of NRS, the engineer shall:
1. Appoint assistant engineers, who shall, in the absence, inability or failure of the engineer, have full authority to perform any duty required or permitted by law to be performed by the engineer.
2. Appoint a chief accountant, who shall be charged with the duty of handling the fiscal affairs and facilities of the department.
3. Employ such engineers, engineering and technical assistance, clerks and other personnel as in his judgment may be necessary to the proper conduct of the department and to carry out the provisions of this chapter.
Sec. 36. The engineer, assistant engineers, and the accountant of the department shall each:
1. Take the official oath.
2. File a bond with the secretary of state in the sum of $250,000, conditioned upon the faithful performance of their respective duties and by all persons employed by them, and upon the proper expenditure of the moneys constituting the state highway revolving fund hereinafter authorized, drawn upon checks or vouchers, signed by them or any one of them, in accordance with law, and the rendering of a true account to the board of any and all moneys so expended. The bonds shall be approved by the governor, and the premiums on such bonds, if surety company bonds are furnished, shall be paid from the state highway fund.
Sec. 37. 1. The engineer, assistant engineers and accountant are hereby authorized to use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.
κ1957 Statutes of Nevada, Page 668 (CHAPTER 370, SB 19)κ
hereby authorized to use a facsimile signature produced through a mechanical device in place of their handwritten signatures whenever the necessity may arise.
2. Such mechanical facsimile signature devices shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
3. Such facsimile signatures shall be made and used only under the personal direction and supervision of the engineer, assistant engineers and accountant respectively.
4. All of the mechanical devices and facsimile signatures shall at all times be kept in a vault, securely locked when not in use, to the end that any misuse, fraudulent use or other improper use shall be prevented.
Sec. 38. The engineer shall cause to be made and kept by the department a general plan of the highways and shall collect information and compile statistics and maps relative to the mileage, traffic, character and condition of the highways.
Sec. 39. The engineer shall determine the character and have the general supervision of the construction, reconstruction, improvement, maintenance and repair of all highways, facilities and services authorized under the provisions of this chapter.
Sec. 40. 1. The engineer shall investigate and determine the methods of highway construction best adapted to the various sections of the state, and shall establish standards and specifications for the construction and maintenance of the highways, giving due regard to the topography, natural conditions, character and availability of roadbuilding materials.
2. The engineer is authorized to construct, reconstruct, operate and maintain materials testing and research laboratory facilities as may be necessary to establish and maintain such standards and specifications.
3. The engineer may be consulted by county officials having authority over highways within their respective counties relative to any question involving such highways; and the engineer may, in like manner, obtain from such county officials all such information or assistance as they may render in the performance of his duties with their county, and such county officials shall supply such information when requested by the engineer.
Sec. 41. 1. With the approval of the board, the engineer may execute all plans, specifications, contracts and instruments in the name of the State of Nevada necessary for the carrying out of the provisions of this chapter, except those construction contracts as provided in section 171 and 175.
2. The engineer shall have such other power and authority as may be necessary and proper under the provisions of this chapter or as may be delegated to him by the board.
3. The engineer shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deduction for officers and employees of the department who make written requests for such deductions and purchases. For the purpose of allowing any and all department officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States obligations, the engineer shall provide forms authorizing the deductions and purchases and shall make them readily available to all department officers and employees.
κ1957 Statutes of Nevada, Page 669 (CHAPTER 370, SB 19)κ
United States obligations, the engineer shall provide forms authorizing the deductions and purchases and shall make them readily available to all department officers and employees.
Sec. 42. 1. The engineer may restrict the use of, or close, any highway whenever the engineer considers such closing or restriction of use necessary:
(a) For the protection of the public.
(b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.
2. The engineer is authorized to:
(a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of collisions between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.
(b) Lay out and construct frontage roads on and along any highway or freeway and to divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.
3. The engineer is authorized to remove from the highways any encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of 5 days from and after personal service of notice and demand upon the owner or his agent of the encroachment. In lieu of personal service upon such person or his agent, service of such notice may also be made by registered mail and by posting, for a period for 5 days, a copy of the notice on such encroachment described in the notice. Removal by the department of such encroachment on the failure of the owner to comply with such notice and demand shall give the department a right of action to recover the expense of such removal, cost and expenses of suit, and in addition thereto the sum of $10 for each day such encroachment remains after the expiration of 5 days from the service of the notice and demand.
Sec. 43. 1. The engineer shall have charge of all the records of the department, keeping records of all proceedings pertaining to the department and keeping on file information, plans, specifications, estimates, statistics and records prepared by the department, except those financial statements described in section 172, which shall not become matters of public record.
2. The engineer shall promulgate such rules and regulations as may be necessary to carry out and enforce the provisions of this chapter.
Sec. 44. Annually, and at such other times as the board may designate, the engineer shall report all the proceedings of the department to the board.
Sec. 45. The engineer, with the approval of the board, may rent, lease, purchase and contract for all equipment, materials, supplies, vehicles, road machinery, tools, implements and technical services that may be required for the purpose of this chapter. Such equipment, supplies and services shall be managed and used under the direction of the engineer.
κ1957 Statutes of Nevada, Page 670 (CHAPTER 370, SB 19)κ
supplies and services shall be managed and used under the direction of the engineer.
Sec. 46. The superintendent of state printing shall prepare and furnish such stationery and printing, including all such reports, statistics, forms, instruments and accounts as may be necessary for the use of the department and its offices upon the requisition of the engineer. Charges and payments for such shall be made as provided in NRS 344.110.
Sec. 47. 1. There is hereby created in the state treasury the state highway fund.
2. The proceeds from the imposition of any license or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this state and the proceeds from the imposition of any excise tax on gasoline or other motor vehicle fuel shall be deposited in the state highway fund and shall, except for costs of administering the collecting thereof, be used exclusively for administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.
3. Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle shall be limited to a sum not to exceed 22 percent of the total proceeds so collected.
4. Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel shall be limited to a sum not to exceed 1 percent of the total proceeds so collected.
5. All bills and charges against the state highway fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter shall be certified by the engineer and shall be presented to and examined by the state board of examiners. When allowed by the state board of examiners and upon being audited by the state controller, the state controller shall draw his warrant therefor upon the state treasurer.
Sec. 48. 1. Upon the written request of the board, the state controller is authorized and directed to draw his warrant in favor of the engineer in the sum of $250,000, and upon presentation of the same to the state treasurer the state treasurer is authorized and directed to pay the same.
2. Such sum of $250,000 shall be known as the state highway revolving fund, and may be used by the department for the purpose of paying the current payrolls of the department and other charges and obligations requiring prompt payment, and for no other purposes.
3. All moneys paid by the department from the state highway revolving fund shall, after payment thereof, be passed upon by the state board of examiners in the same manner as other claims against the state. When approved by the state board of examiners, the state controller shall draw his warrant for the amount of such moneys paid in favor of the state highway revolving fund to be paid to the order of the engineer, and the estate treasurer shall pay the same.
4. The engineer is directed to deposit the state highway revolving fund in one or more banks of reputable standing and to secure the deposit by a depositary bond satisfactory to the state board of examiners.
κ1957 Statutes of Nevada, Page 671 (CHAPTER 370, SB 19)κ
fund in one or more banks of reputable standing and to secure the deposit by a depositary bond satisfactory to the state board of examiners.
Sec. 49. 1. The State of Nevada and its department hereby accepts and assents to the provisions of:
(a) The Federal Aid Road Act, being an Act of Congress entitled An Act to provide that the United States shall aid the States in the construction of rural post-roads, and for other purposes, approved July 11, 1916 (c. 241, 39 Stat. 355); and
(b) The Federal Highway Act, being an Act of Congress entitled An Act To amend the Act entitled An Act to provide that the United States shall aid the States in the construction of rural post-roads, and for other purposes, approved July 11, 1916, as amended and supplemented, and for other purposes, approved November 9, 1921 (c. 119, 42 Stat. 212).
2. The state and its department accepts as a continuing obligation any and all acts amendatory or supplementary to such federal acts.
Sec. 50. 1. The department is authorized:
(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying and preparing of plans, acquiring of property, constructing and maintaining of highways under the provisions of the Acts of Congress described in section 49, and the rules and regulations promulgated thereunder by the Secretary of Commerce, the Federal Highway Administrator and the Commissioner of Public Roads.
(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce, the Federal Highway Administrator and the Commissioner of Public Roads.
(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts.
2. For the engineering, planning, constructing and improving of highways and roads provided under the Federal Aid Road Act, the good faith of the state is hereby pledged to make funds available sufficient to match in the proportion designated in the Federal Aid Road Act the sums of money apportioned to the state by or under the United States Government, and to maintain at its own expense the highways so constructed with the aid of funds so designated, and to make adequate provisions for carrying out such maintenance.
Sec. 51. 1. The department is authorized:
(a) To enter into all contracts and agreements with the United States Government relating to the engineering, planning, surveying, preparing of lands, acquiring of property, constructing and maintaining of secondary and feeder highways and roads.
(b) To submit such schemes, plans and programs of construction and maintenance as may be required by the Secretary of Commerce, the Federal Highway Administrator and the Commissioner of Public Roads.
(c) To do all other things necessary to carry out the cooperation and programs contemplated and provided for by such federal acts in the construction and maintenance of such secondary and feeder highways and roads, including farm-to-market, mine-to-market, rural free delivery, public school bus and other rural roads.
κ1957 Statutes of Nevada, Page 672 (CHAPTER 370, SB 19)κ
in the construction and maintenance of such secondary and feeder highways and roads, including farm-to-market, mine-to-market, rural free delivery, public school bus and other rural roads.
2. For the engineering, planning, constructing and improving of such secondary and feeder highways and roads under the Acts of Congress described in section 49, the good faith of the state is hereby pledged to make available funds sufficient to match, in the proportion designated in such acts, the sums of money apportioned to the state by or under the United States Government and to maintain at its own expense the highways and roads so constructed with the aid of funds so designated and to make adequate provisions for carrying out such maintenance.
Sec. 52. 1. The department is authorized to enter into contracts and agreements with agencies of the Federal Government in matters concerning the construction, reconstruction, improvement and maintenance of highways as provided in this chapter when such highways enter upon or traverse lands under the ownership or control of such federal agencies.
2. When federal moneys for such construction, reconstruction, improvement and maintenance have been appropriated and made available under Acts of Congress other than those acts described in section 49, the department is authorized to receive the same.
Sec. 53. All moneys received from the Government of the United States and by virtue of the provisions of any Act of Congress for the engineering, planning, surveying, acquiring of property, constructing, reconstructing or improving of any highway in the state shall be put into the state treasury and become a part of the state highway fund and such fund shall not be used for any other purpose.
Sec. 54. 1. At least once each month the engineer shall file with the state controller a certificate showing the number and amount of vouchers filed with the district engineer of the Bureau of Public Roads having jurisdiction over highway construction in the State of Nevada, for payment out of the apportionment made to the state under appropriations made by Congress for aid to the various states for highway purposes.
2. Whenever claims payable out of the state highway fund and properly approved by the state board of examiners exceed the amount that is available in the state highway fund, the state controller is authorized to transfer temporarily from the general fund to the highway fund such amount as may be required to pay such claims, but not to exceed 50 percent of the amount collectible from the Government of the United States as shown by the vouchers mentioned in subsection 1.
Sec. 55. 1. The department shall prepare highway planning surveys, maps and traffic studies for the purposes of securing, preserving and furnishing all necessary information relative to all highways of the state.
2. The department is authorized to construct and maintain roadside parks for the convenience of the traveling public and such roadside parks may be constructed at such locations as may be selected by the engineer.
κ1957 Statutes of Nevada, Page 673 (CHAPTER 370, SB 19)κ
3. The department is authorized to receive any federal funds available for the purposes of subsections 1 and 2 as may be authorized under the federal acts described in section 49.
Sec. 56. 1. On or before January 15 of each year the board shall have prepared and presented to the governor a detailed budget, stating therein the amount, character, and nature of the construction, reconstruction, improvements, studies and maintenance work to be performed on the highways within the respective counties of the state during the ensuing year, together with an estimate of the cost of such work.
2. The board shall cause a copy of such budget to be printed and a copy mailed to the chairman of the board of county commissioners of the several counties of the state, and a copy shall be furnished to each newspaper published in the state.
Sec. 57. 1. The highways which are constructed, reconstructed, improved and maintained by the department in accordance with the provisions of this chapter shall be state highways, and the department shall be charged with the responsibility of such construction, reconstruction, improvement and maintenance, provided:
(a) That the funds available to the state through the Acts of Congress described in section 49 or any other federal acts may be used therefor; and
(b) That when such federal funds are made available under federal acts authorizing the use of federal funds to build roads in the national forests, the board is authorized to set aside for that purpose and to expend highway funds on state highways built by the Federal Government.
2. For department administrative purposes all highways not already or hereafter designated and assigned route numbers by the legislature may be selected, designated and assigned route numbers by the engineer.
Sec. 58. The department may supplement the state highway system by establishing new routes into or in the vicinity of municipalities and metropolitan areas with the approval of the board of county commissioners of the county in which such change may be proposed and with the approval of the city council of any incorporated city directly affected thereby, or may change the location of existing routes when studies consummated under section 9 of the Defense Highway Act of 1941, being an Act of Congress entitled An Act to supplement the Federal Aid Road Act, approved July 11, 1916, as amended and supplemented, to authorize appropriations during the national emergency declared by the President on May 27, 1941, for the immediate construction of roads urgently needed for the national defense, and for other purposes, approved November 19, 1941 (c. 474, § 9, 55 Stat. 765), show such additions or changes to be necessary.
Sec. 59. Route 1 begins at a point on the Utah-Nevada state line near Wendover, thence in a westerly direction through Wells, Elko, Carlin, Battle Mountain, Winnemucca, Lovelock, Fernley and Wadsworth to the city of Reno; thence westerly through Verdi to a connection with the California state highway system.
Sec. 60. Route 1a begins at a point on Route 1 at or near Miriam, thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with Route 3 at or near Schurz.
κ1957 Statutes of Nevada, Page 674 (CHAPTER 370, SB 19)κ
thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with Route 3 at or near Schurz.
Sec. 61. Route 1b begins at a point in Route 1 in Fernley, Lyon County, thence in a southerly direction to a connection with Route 2b at the Towle ranch.
Sec. 62. Route 1c begins on Route 2a at a point 3.4 miles west of the intersection with Route 1b, thence southeasterly to a connection with Route 1b 4 miles, more or less, north of the Towle ranch.
Sec. 63. Route 2 begins at a point on the Utah-Nevada state line near Ibapah, Utah, thence in a southwesterly direction to the city of Ely; thence westerly through Eureka, Austin, Fallon and Hazen to a connection with Route 1 at a point near Fernley.
Sec. 64. Route 2a begins at a point on Route 2 at or near Leeteville, Churchill County, thence via Lahontan and Dayton to a connection with Route 3 in Carson City.
Sec. 65. Route 2b begins at a point on Route 2a approximately 5 miles northeast of Dayton, thence in an easterly direction to the Towle ranch near Fort Churchill; thence southerly through Wabuska to a connection with Route 3 in the city of Yerington.
Sec. 66. Route 2c begins at a point in the city of Yerington, Lyon County, where Route 3 (or Main Street) intersects Bridge Street in the city of Yerington, thence east 1 mile along East Bridge Street; thence southeasterly through the so-called Reese River Pass to a connection with Route 3, again, at or near Lakeview on Walker Lake, Mineral County.
Sec. 67. Route 3 begins at a point on Route 1 in the city of Reno, thence southerly through Carson City to a point approximately 3 miles southerly therefrom; thence westerly to Lake Tahoe, near Glenbrook; thence in a southerly direction to a connection with the California state highway system at or near Lakeside. Route 3 begins again at a point approximately 3 miles south of Carson City, thence to the city of Yerington by way of Minden, Gardnerville and Wellington; thence to the northerly end of Walker Lake by the most available and practicable route, thence along the west side of Walker Lake to the town of Hawthorne; thence to and through the towns of Luning and Mina to the town of Tonopah; thence southerly through the town of Goldfield to a point approximately 15 miles southerly; thence westerly by way of Lida and Palmetto Canyon to a connection with the California state highway system.
Sec. 68. Route 3a begins at a point on Route 15, approximately 7 miles west of Coaldale, thence in a southerly direction through Fish Lake Valley to a connection with the California state highway system.
Sec. 69. Route 3b begins at a point on Route 3 approximately 5 miles southerly from its junction with Routes 17 and 27, thence southerly via the east side of Washoe Lake, connecting again with Route 3 at a point approximately 3 miles north of Carson City.
Sec. 70. Route 3c begins at a point on Route 3 approximately 7 miles south of Yerington, thence southeasterly and southerly along or near the East Walker River to Wichman; thence southerly to the Nevada-California state line en route to Bodie, California.
κ1957 Statutes of Nevada, Page 675 (CHAPTER 370, SB 19)κ
Sec. 71. Route 4 begins at a point on Route 2 in the city of Ely, thence in a general southwesterly direction to a connection with Route 3 in Tonopah.
Sec. 72. Route 5 begins at a point on Route 3 approximately 15 miles southerly from Goldfield, thence southeasterly to Beatty; thence to Las Vegas, thence through Searchlight to a connection with the California state highway system.
Sec. 73. Route 5a begins at a point on Route 5 at the intersection of Bonanza Road and Main Street in the city of Las Vegas, thence southeasterly along or near Bonanza Road to a connection with Route 6b at Fifth Street.
Sec. 74. Route 5b begins at a point on Route 5a in the city of Las Vegas at or near its junction with Second Street extended, thence southwesterly along or near Second Street to a connection with Route 5 at Fremont Avenue.
Sec. 75. Route 5c begins at a point on Route 5 near the junction of Bonanza Road and Tonopah Drive in the city of Las Vegas, thence southerly to Charleston Boulevard; thence easterly along Charleston Boulevard to a connection with Route 5, again, near the east city limits of Las Vegas.
Sec. 76. Route 6 begins at the Arizona-Nevada state line near Mesquite, thence southwesterly through Las Vegas and Jean to a connection with the California state highway system.
Sec. 77. Route 6a begins at a point on Route 6 at or near the junction of First and Fifth Streets in the city of Las Vegas, thence northerly to and along Main Street to a connection with Route 6, again, at Fremont Avenue.
Sec. 78. Route 6b begins at a point on Route 6 at the intersection of Fifth Street and Fremont Avenue in the city of Las Vegas, thence northerly along or near Fifth Street to a connection with Route 6, again, near the north city limits of Las Vegas.
Sec. 79. Route 6c begins at a point on Route 6 approximately 3 miles south of the south city limits of Las Vegas, thence northeasterly to an intersection with Route 5 near the east city limits of Las Vegas; thence northerly to a connection with Route 6, again, approximately 1.5 miles northeast of the north city limits of Las Vegas.
Sec. 80. Route 7 begins at a point on Route 2 in the city of Ely, thence southerly through Pioche to Caliente; thence through Crystal Springs to Alamo in Lincoln County, thence to Moapa in Clark County to a connection with Route 6 at or near Glendale.
Sec. 81. Route 8 begins at a point on Route 1 in the city of Winnemucca, thence northerly on the most feasible route via Paradise Hill to a connection with the Oregon state highway system at McDermitt.
Sec. 82. Route 8a begins on Route 8 at or near Paradise Hill, thence northwesterly by the most feasible route through Amos, Quinn River Crossing; and thence to Denio; thence westerly through Thousand Creek to Massacre Lake; thence westerly through Vya and the 49 Station to a connection with the California state highway system. Route 8a begins again in Battle Mountain on Route 1; thence in a southerly direction over what is known as the Jenkins Highway along the east side of Reese River Valley to a connection with Route 2 near Austin; thence easterly along Route 2 to the mouth of Blackbird Canyon; thence southerly through Big Smoky Valley by the most feasible route to a connection with Route 4 near Tonopah.
κ1957 Statutes of Nevada, Page 676 (CHAPTER 370, SB 19)κ
Austin; thence easterly along Route 2 to the mouth of Blackbird Canyon; thence southerly through Big Smoky Valley by the most feasible route to a connection with Route 4 near Tonopah.
Sec. 83. Route 8b begins at the south base of Paradise Hill in Humboldt County on Route 8, thence through Paradise Valley to Indian Creek in the Santa Rosa National Forest by the most feasible and direct route.
Sec. 84. Route 9 begins at the junction of Routes 1 and 3 in the city of Reno, thence northerly to a connection with the California state highway system near Purdy.
Sec. 85. Route 10 begins at a point approximately 8 miles south of Mina, thence southwesterly by way of Montgomery Pass to a connection with the California state highway system.
Sec. 86. Route 11 begins at a point on the Idaho-Nevada state line near Owyhee, thence in a southerly direction via White Rock, Deep Creek and Independence Valley to a connection with Route 1 in the city of Elko; thence easterly on Route 1 to a point at or near Halleck; thence southeasterly through Secret Pass to a connection with Route 13.
Sec. 87. Route 11a begins at a point on the Idaho-Nevada state line at or near Owyhee, thence in a southeasterly direction to Mountain City in Elko County; thence in a southerly direction to a connection with Route 11 at or near Deep Creek in Elko County.
Sec. 88. Route 12 begins at a point on Route 6 approximately 3 miles east of the Muddy River, thence in a southeasterly direction through Logandale and Overton to Lake Mead.
Sec. 89. Route 13 begins at a point on the Idaho-Nevada state line north of Contact, thence southerly through Contact to a connection with Route 1 in Wells; thence continuing southerly to a connection with Route 24 at a point approximately 5 miles south of the Elko-White Pine County line.
Sec. 90. Route 14 begins at a point on Route 7 at or near Connors Pass, thence in an easterly direction to a connection with the Utah state highway system near Baker, Nevada.
Sec. 91. Route 15 begins on Route 3 at Coaldale, thence westerly to a connection with Route 10 at or near Basalt.
Sec. 92. Route 16 begins at a point on Route 5 at or near what was formerly known as Amargosa Station, thence southerly through or near Johnnie Town; thence southerly through Pahrump Valley to a connection with the California state highway system at or near the 36th parallel.
Sec. 93. Route 17 begins at a point on Route 3 approximately 10 miles south of Reno, thence through Virginia City to a connection with Route 2a at or near Mound House.
Sec. 94. Route 18 begins at a point on Route 11 at or near Tuscarora, thence by the most feasible route to Midas; thence southwesterly by the most feasible and practicable route to a connection with Route 1 at or near Golconda.
Sec. 95. Route 18a begins at the intersection of U. S. 40 with the road commonly known as the Battle-Mountain-North Battle Mountain Road; thence north to North Battle Mountain railroad station, thence northwesterly to the connection with the Getchell Mine Road on Route 18.
κ1957 Statutes of Nevada, Page 677 (CHAPTER 370, SB 19)κ
northwesterly to the connection with the Getchell Mine Road on Route 18.
Sec. 96. Route 19 begins at a point on Route 3 near the California-Nevada state line at the south end of Lake Tahoe, thence easterly through Kingsbury Canyon toward Genoa; thence by the most feasible route to a connection with Route 3 near Minden; thence southerly along Route 3 to a point south of Holbrook; thence southerly near Topaz Lake to a connection with the California state highway system near Coleville, California.
Sec. 97. Route 20 begins at a point on Route 1 about 6 miles north of Palisade, thence southerly through Palisade and Pine Valley; thence by the most feasible and direct route to the town of Eureka; thence from a point on Route 2 near the east Eureka County line to Fish Creek; thence by the most direct and feasible route to a connection with Route 4 at Callaways ranch.
Sec. 98. Route 21 begins at a point on Route 1 between Dunphy and Primeaux, thence to Beowawe; thence along the most feasible route via Tenabo to Cortez; thence southwesterly on the most feasible route through Grass Valley to a connection with Route 2 year Austin; thence westerly along Route 2 approximately 15 miles to a connection with the Austin-Ione Post road; thence along the Austin-Ione post road to Ione.
Sec. 99. Route 22 begins at a point on Route 3 at or near Wellington, thence southerly by the most feasible route to Sweetwater; thence southwesterly to a connection with the California state highway system leading to Bridgeport, California.
Sec. 100. Route 23 begins at a point near Luning on Route 3, thence northerly to Quartz Mountain; thence northerly along the most feasible route to a connection with Route 2 in Churchill County.
Sec. 101. Route 24 begins at a point on Route 1 near Wendover, thence in a southwesterly direction to a connection with Route 2 in Steptoe Valley between Magnusons ranch and Currie.
Sec. 102. Route 25 begins at a point east of Tonopah on Route 4, thence easterly to a connection in Lincoln County with Route 7 at Crystal Springs. Route 25 begins again at a point on Route 7 near Panaca, thence through the town of Panaca to a connection with the Utah state highway system.
Sec. 103. Route 26 begins at a point on Route 5, approximately 18 miles southeast of Las Vegas, thence by the shortest and most feasible route through Boulder City to a connection with the Arizona state highway system at the Boulder Dam.
Sec. 104. Route 27 begins at a point on Route 3 near Steamboat Springs, thence in a westerly direction by the shortest and most feasible route to a connection with Route 28 near Incline.
Sec. 105. Route 28 begins at a point on Route 3 at Spooners, thence northerly along the east side of Lake Tahoe to a connection with the California state highway system near Cal-Neva.
Sec. 106. Route 29 begins at a convenient point between Carrara and Rosewell on Route 5, thence southwesterly to a connection with the California state highway system near Death Valley Junction, California.
κ1957 Statutes of Nevada, Page 678 (CHAPTER 370, SB 19)κ
Sec. 107. Route 30 begins at the Utah-Nevada state line near Montello, thence southwesterly through Montello and Cobre to a connection with Route 1 near Oasis.
Sec. 108. Route 31 begins at a point on Route 3 in or near Hawthorne, thence southerly and westerly along the approximate location of the Navy powerline to the Nevada-California state line en route to the Mono Lake area.
Sec. 109. Route 32 begins at the intersection of Eighth Street and Route 1 in the city of Sparks, thence north on Eighth Street to a connection with Route 33 near Wedekind.
Sec. 110. Route 32a begins at the intersection of Prater Way and Route 1 in the city of Sparks, thence northeasterly on Prater Way to a connection with Route 32 in the city of Sparks.
Sec. 111. Route 33 begins at the junction of Alameda Avenue and Route 1 in the city of Reno, thence in a northeasterly direction by the shortest and most feasible route to Pyramid Lake at or near Sutcliffe.
Sec. 112. Route 33a begins at a point on Route 1 at the junction of West Fourth Street and Sierra Street in the city of Reno, thence northerly and southerly on Sierra Street to a connection on the north with Route 9 near the north Reno city limits and to a connection on the south with Route 3 near the south Reno city limits.
Sec. 113. Route 33b begins at a point on Route 3 at the junction of South Virginia Street and Second Street in the city of Reno, thence westerly along West Second Street to a connection with Route 1 near the west Reno city limits.
Sec. 114. Route 34 begins on Route 1 at Wadsworth, thence in a northerly direction through Nixon and passing between Pyramid and Winnemucca Lakes to Gerlach; thence by the shortest and most feasible route to an intersection with Route 8a near Vya; thence northerly to the Nevada-Oregon state line.
Sec. 115. Route 34a begins at a point on Route 34 approximately 20 miles northerly from Vya, thence easterly through Sheldon National Antelope Refuge to a connection with Route 8a near the Washoe-Humboldt County line.
Sec. 116. Route 35 begins at a junction on Route 2 14 miles north of Magnusons ranch, thence in a westerly direction by the shortest and most feasible route to Cherry Creek.
Sec. 117. Route 36 begins at a point on Route 3 approximately 3 miles south of Carson City, thence in a southeasterly direction to the Stewart Indian Institute.
Sec. 118. (Deleted by amendment.)
Sec. 119. Route 38 begins at a point on Route 4 approximately 23 miles southwest of Ely, thence in a southerly direction through Preston and Lund, via Sunnyside and Hiko, to a connection with Route 25 near Crystal Springs.
Sec. 120. Route 39 begins at a point on Route 5 approximately 15 miles northwest of Las Vegas, thence in a westerly direction by the shortest and most feasible route to Mount Charleston Park.
Sec. 121. Route 40 begins on Route 6 at or near Crystal, thence in an easterly direction through the Valley of Fire to a connection with Route 12 near Lake Mead.
κ1957 Statutes of Nevada, Page 679 (CHAPTER 370, SB 19)κ
Sec. 122. Route 41 begins on Route 40 at or near the Valley of Fire, thence in a southwesterly direction via Bitter Springs Valley and Las Vegas Wash to a connection with Route 5 between Las Vegas and Boulder City.
Sec. 123. Route 41a begins at the West End Chemical Mine, thence southwesterly to a junction with Route 41.
Sec. 124. Route 42 begins at a point on Route 2 approximately one-half mile east of Fallon, thence easterly and northeasterly by the shortest and most feasible route to Stillwater.
Sec. 125. Route 43 begins at a point on Route 11a near Mountain City, thence in a southerly direction via Owyhee Canyon and Jonson ranch by the shortest and most feasible route to a connection with Route 11 at or near Weiland, Nevada.
Sec. 126. Route 44 begins at a point on Route 2 at Keystone, thence in a westerly direction to Ruth, with a spur connection to Kimberly.
Sec. 127. Route 45 begins at a point on Route 17 approximately 2 miles north of Virginia City, thence in a northerly direction to a connection with Route 1 approximately 6 miles east of Sparks.
Sec. 128. Route 46 begins at a point on Route 1 in the city of Elko, thence in a southerly direction through or near Jiggs, Huntington Valley, Railroad Canyon and Diamond Valley to a connection with Route 2 at or near Eureka.
Sec. 129. Route 47 begins at a point on Route 3 near Blair Junction, thence southerly to Silver Peak; thence southwesterly to Nivloc.
Sec. 130. Route 48 begins at a point on Route 1 at or near Lovelock, thence in a northwesterly direction along a route near Seven Troughs to a connection with Route 34 at or near Gerlach.
Sec. 131. Route 49 begins at or near Winnemucca on Route 1, thence in a westerly direction through or near Jungo and Sulphur by the shortest and most feasible route to a connection with Route 48 near Gerlach.
Sec. 132. Route 50 begins at a point on Route 1 between Imlay and Mill City, thence in a southerly direction through or near Unionville; thence southerly through Spring Valley and Spring Valley Canyon; thence through Limerick Canyon to an intersection with the Rochester Road; thence westerly to a connection with Route 1 near Oreana.
Sec. 133. Route 51 begins at a point on Route 17 near Silver City, thence in an easterly direction to a connection with Route 2a in Dayton.
Sec. 134. Route 52 begins at a point near Owens on Route 5, thence via Lees Canyon, Clark Canyon and Pahrump ranch to a connection with the California state highway system.
Sec. 135. Route 53 begins on Route 6 near Jean, thence in a westerly direction through Goodsprings and Sandy to a connection with the California state highway system.
Sec. 136. Route 54 begins on Route 7 1 mile north of Panaca, thence in a northwesterly direction to Cathedral Gorge.
Sec. 137. Route 55 begins on Route 7 approximately 1 mile west of Caliente, thence south and east to Kershaw Canyon-Ryan state park.
κ1957 Statutes of Nevada, Page 680 (CHAPTER 370, SB 19)κ
Sec. 138. Route 56 begins in Gardnerville on Route 3, thence southwesterly to a connection with Route 37 at Centerville.
Sec. 139. Route 57 begins at Genoa, thence easterly to a connection with Route 3 approximately 5 miles north of Minden.
Sec. 140. Route 58 begins at a point on Route 5 in Beatty, thence southwesterly via Daylight Pass to a connection with the California state highway system near Death Valley National Monument.
Sec. 141. Route 59 begins at a point on Route 1 in the city of Lovelock, thence southerly a distance of approximately 7 miles.
Sec. 142. Route 60 begins at a point on Route 5 approximately 10 miles south of Railroad Pass in Clark County, thence southeasterly to Nelson; thence easterly by way of Eldorado Canyon to the Colorado River. Route 60 begins again at Nelson, thence southwesterly to a connection with Route 5, again, approximately 6 miles north of Searchlight.
Sec. 143. Route 61 begins at a point on Route 1a approximately 1 mile south of Fallon, thence westerly along Scheckler Lane 1 mile; thence southerly 1 mile; thence westerly 2.5 miles. Route 61 begins again at a point 2 miles east of the west extremity of the last-described course, thence southerly approximately one-half mile.
Sec. 144. Route 62 begins at a point on Route 2 approximately 1 mile south of Fallon, thence easterly 1 mile; thence southeasterly approximately 2 miles.
Sec. 145. Route 63 begins at a point on Route 3 approximately 2 miles south of Reno, thence easterly approximately 1.5 miles to the Reno Municipal Airport.
Sec. 146. Route 64 begins at a point on Route 3 approximately 3 miles south of Reno, thence southeasterly a distance of approximately 2 miles along what is known as Peckham Lane.
Sec. 147. Route 65 begins at a point on Route 3 in Carson City, thence easterly by way of the Nevada state prison a distance of approximately 3 miles. Route 65 begins again at a point approximately one-half mile east of the Nevada state prison, thence southerly and easterly through Eagle Valley to the Carson River.
Sec. 148. Route 66 begins at a point on Route 1 in the city of Lovelock, thence northerly a distance of approximately 2.5 miles.
Sec. 149. Route 67 begins at the intersection of Route 1 and Alameda Avenue in the city of Reno, thence southerly along Alameda Avenue and Wells Avenue in the city of Reno to a connection with Route 3 at or near the south Reno city limits.
Sec. 150. Route 68 begins at a point on Route 5 at Searchlight, thence westerly by the shortest and most feasible route to a connection with the California state highway system near Nipton.
Sec. 151. Route 69 begins at a point on Route 8a approximately 37 miles north of its junction with Route 4, thence easterly to Manhattan.
Sec. 152. Route 70 begins at a point on Route 8a approximately 49 miles north of its junction with Route 4, thence easterly and southeasterly to Round Mountain.
Sec. 153. Route 71 begins at a point on Route 3 approximately 7.5 miles southwest of its junction with Route 5, thence southwesterly to Gold Point; thence southerly and southwesterly via Oriental Wash to the Nevada-California state line en route to Sand Springs, California.
κ1957 Statutes of Nevada, Page 681 (CHAPTER 370, SB 19)κ
Gold Point; thence southerly and southwesterly via Oriental Wash to the Nevada-California state line en route to Sand Springs, California.
Sec. 154. Route 72 begins at a point on Route 5 approximately 19 miles southeast of its junction with Route 3, thence southwesterly via Grapevine Canyon to the Nevada-California state line en route to Scottys Castle.
Sec. 155. Route 73 begins at a point on Route 14 north of Baker, thence southeasterly through Baker to the Nevada-Utah state line en route to Milford, Utah.
Sec. 156. Route 74 begins at a point on Route 73 near Baker, thence westerly to Lehman Caves in Lehman Caves National Monument.
Sec. 157. Route 75 begins at a point on Route 25 approximately 9 miles east of Panaca, thence southerly to Crestline; thence easterly to the Nevada-Utah state line en route to Enterprise, Utah.
Sec. 158. Route 76 begins at a point on Route 5 near the Nevada-California state line, thence southeasterly to Fort Mohave.
Sec. 159. Route 77 begins at a point on Route 5 near the Nevada-California state line, thence in an easterly direction to Bullshead Dam site.
Sec. 160. Route 78 begins at a point on Route 6 at or near New Comstock, thence northeasterly to a connection with Route 7 at or near Moapa.
Sec. 161. Route 79 begins at a point on Route 17 in Virginia City, thence easterly via Six-mile Canyon to a connection with Route 2a approximately 5 miles northeast of Dayton.
Sec. 162. Route 80 begins at a point on Route 17 in Virginia City, thence southerly through Gold Hill and Silver City to a connection with Route 17, again, approximately one-half mile southeast of Silver City.
Sec. 163. Route 81 begins on Route 34 at Gerlach, thence northwesterly through Squaw Valley and Duck Flat to the Nevada-California boundary at the southerly end of Surprise Valley, approximately 56 miles.
Sec. 164. Route 82 begins at a point on Route 8a at a point approximately 12 miles north of its junction with Route 4, thence northeasterly via Belmont to Potts ranch; thence via Antelope Valley to a connection with Route 2 approximately 20 miles west of Eureka.
Sec. 165. Route 83 is from the Comet Coalition Mine southerly, easterly and northerly to the Caselton Mill.
Sec. 166. Route 84 is from the Ely Valley mine easterly to the Pioche Consolidated Mines Co. Mill.
Sec. 167. Route 85 is from a connection with Route 16 near the Nevada-California state line, easterly via the southerly end of the Spring Mountains to a connection with Route 5c in the city of Las Vegas.
Sec. 167.5. Route 88 begins on Route 3 approximately one-half mile northwest of Minden, thence in a southerly direction by the shortest and most feasible route to a connection with the California state highway system near Woodfords, California.
Sec. 167.7. Route 89 begins on U. S. 95 approximately 3 miles north of Tonopah, extending northerly in Nye County to Gabbs.
κ1957 Statutes of Nevada, Page 682 (CHAPTER 370, SB 19)κ
Sec. 168. All highways constructed under the provisions of this chapter shall be constructed in such manner as to provide for sufficient and permanent drainage and of such materials as to insure, so far as reasonably may be done, considering all of the circumstances, permanent wearing qualities and to provide against excessive maintenance cost. Regard shall always be had to the character and quality of the traffic to be accommodated and the interests of the public to be served.
Sec. 169. 1. All work of construction, reconstruction, improvement and maintenance of highways as provided under the provisions of this chapter shall be under the supervision and direction of the engineer and shall be performed in accordance with the plans, specifications and contracts prepared by him.
2. All maintenance and repair of highways when performed by the department shall be paid out of the state highway fund.
Sec. 170. 1. Whenever it shall appear to the engineer that any work or improvements can be done in a more economical or other satisfactory manner than by contract under section 171, the engineer may, with the approval of the board, execute such work or improvements with department facilities and employees.
2. In the event of disaster or great emergency the engineer may, with the approval of the board, hire, employ or contract for such labor, materials and equipment as are in his opinion necessary to reroute, repair or replace any highway threatened or damaged by such emergency or disaster and the provisions of sections 171 and 179 shall not apply.
Sec. 171. 1. Whenever the provisions of section 170 do not apply, the engineer shall advertise for bids for such work according to the plans and specifications prepared by him.
2. Such advertisement shall state the place where the bidder may obtain or inspect the plans and specifications and the time and place for opening such plans and specifications.
3. Publication of such advertisement shall be made at least once a week for 2 consecutive weeks for a total of at least two publications in a newspaper of general circulation in the county in which the major portion of the proposed improvement or construction is to be made, and such advertisement shall also be published at least once a week for 2 consecutive weeks for a total of at least two publications in one or more daily papers of general circulation throughout the state. The first publication of such advertisement in the daily newspapers having general circulation throughout the state shall be made not less than 15 days prior to the time set for opening bids.
Sec. 172. 1. Before furnishing any person proposing to bid on any duly advertised work with the plans and specifications for such work, the engineer shall require from such person a statement, verified under oath, in the form of answers to questions contained in a standard form of questionnaire and financial statement, which shall include a complete statement of the persons financial ability and experience in performing public work of a similar nature.
2. Such statements shall be filed with the engineer in ample time to permit the department to verify the information contained therein in advance of furnishing proposal forms, plans and specifications to any such person proposing to bid on any such duly advertised public work, in accordance with the rules and regulations of the department.
κ1957 Statutes of Nevada, Page 683 (CHAPTER 370, SB 19)κ
advance of furnishing proposal forms, plans and specifications to any such person proposing to bid on any such duly advertised public work, in accordance with the rules and regulations of the department.
3. Whenever the engineer is not satisfied with the sufficiency of the answers contained in such questionnaire and financial statement, he may refuse to furnish such person with plans and specifications and the official proposal forms on any such duly advertised project. Any bid of any person to whom plans and specifications and the official proposal forms have not been issued in accordance with this section must be disregarded, and the certified check, cash or undertaking of such bidder returned forthwith.
4. Any person who may be disqualified by the engineer, in accordance with the provisions of this section, may request, in writing, a hearing before the engineer and present again his check, cash or undertaking and such further evidence with respect to his financial responsibility, organization, plant and equipment, or experience, as might tend to justify, in his opinion, issuance to him of the plans and specifications for such work.
5. Any such person shall have the further right of appeal from the decision of the engineer to the board, but such appeal shall be made not later than 5 days prior to the opening of bids on any such project. If such appeal is sustained by the board, such person shall be admitted to the rights and privileges of all other bidders.
Sec. 173. 1. All bids shall be accompanied by an undertaking executed by a corporate surety authorized to do business in the state, or by cash or a certified check in an amount equal to at least 5 percent of the amount bid.
2. If the successful bidder fails to execute the contract in accordance with his bid and give any bond required by law and such contract and bond is not postmarked or delivered to the department within 20 days after award of the contract, the undertaking, cash or certified check shall be forfeited and the proceeds paid into the state highway fund.
3. The failure of the successful bidder to furnish any bond required of him by law within the time fixed for his execution of the contract constitutes a failure to execute the contract.
4. If the engineer deems it is for the best interests of the state, he may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest responsible bidder. If the second lowest responsible bidder fails or refuses to execute the contract, the engineer may likewise award it to the third lowest responsible bidder. On the failure or refusal to execute the contract of the second or third lowest bidder to whom a contract is so awarded, their bidders security shall be likewise forfeited to the state.
5. The bidders security of the second and third lowest responsible bidders may be withheld by the department until the contract has been finally executed and the bond given as required under the provisions of the contract, at which time such security shall be returned, The bidders security submitted by all other unsuccessful bidders shall be returned to them within 10 days after the contract is awarded.
Sec. 174. 1. All bids shall be submitted under sealed cover and received at the office of the department in Carson City, Nevada, and shall be opened publicly and read at the time stated in the advertisement.
κ1957 Statutes of Nevada, Page 684 (CHAPTER 370, SB 19)κ
received at the office of the department in Carson City, Nevada, and shall be opened publicly and read at the time stated in the advertisement.
2. No bids shall be received after the time stated in the advertisement even though bids are not opened exactly at the time stated in the advertisement. No bid shall be opened prior to such time.
3. Any bid may be withdrawn at any time prior to the time stated in the advertisement only by written request or telegram filed with the engineer and executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid before the time stated in the advertisement.
4. The department shall have the right to reject any and all bids if, in the opinion of the department, the bids are unbalanced, incomplete, contain irregularities of any kind or for any good cause.
5. Until the final award of the contract, the department may reject or accept any bids and may waive technical errors contained in such bids, as may be deemed best for the interests of the state.
6. In awarding a contract, the department shall make the award to the lowest responsible bidder who has qualified and submitted his bid in accordance with the provisions of this chapter.
Sec. 175. 1. All construction contracts authorized by section 171 shall be executed in the name of the State of Nevada and shall be signed by the chairman of the board, attested by the engineer, under the seal of the department, signed by the contracting party or parties, and the form and legality of such contracts approved by the attorney general or chief counsel of the department.
2. When the contract is fully executed, a copy of the same, including plans and specifications, shall be filed in the office of the department at Carson City, Nevada, and with the clerk of the board of county commissioners of the county in which the work is to be performed.
Sec. 176. 1. No director of the board, no engineer and no employee or officer of the department shall be interested, directly or indirectly, in any contract of any kind or character for the construction, reconstruction, improvement, supervision or maintenance of any highway, and such contract shall be void.
2. Any director of the board, any engineer, or any officer or employee who shall become interested, directly or indirectly, in any contract for the construction, reconstruction, improvement, supervision, or maintenance of any highway shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 177. 1. Every contract shall provide for the filing and furnishing of a bond or bonds by the successful bidder, with corporate sureties approved by the department and authorized to do business in the state, in a sum or sums equal to the full or total amount of the contract awarded. Such bond or bonds shall be performance bonds or labor and material bonds or both.
2. Such performance bonds shall guarantee the faithful performance of the contract in accordance with the plans, specifications and terms of the contract.
κ1957 Statutes of Nevada, Page 685 (CHAPTER 370, SB 19)κ
3. Such labor and material bonds shall:
(a) Secure payment of state and local taxes relating to the contract, premiums under the Nevada Industrial Insurance Act, contributions under the Unemployment Compensation Law, and payment of claims for labor, materials, provisions, implements, machinery, means of transportation or supplies furnished upon or used for the performance of the contract; and
(b) Provide that if the contractor or his or its subcontractor or subcontractors, assign or assigns, fail duly to pay for such taxes, premiums, contributions, labor and materials required of, and used or consumed by, such contractor or his or its subcontractors, the surety shall pay the same in an amount not exceeding the total sum specified in the bond together with interest oat a rate of 8 percent per annum.
All such bonds shall be otherwise conditioned as required by law or the department.
4. No person bidding for work or submitting proposals under the provisions of this chapter shall be accepted as surety on any bond.
5. Whenever the department has cause to believe that the sureties or any of them have become insufficient, it may demand in writing of the contractor such further bonds or additional sureties, in a total sum not exceeding that originally required, as is necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the contractor or any assignee of the contractor until such further bonds or additional sureties have been furnished.
6. The department in every contract may require the furnishing of proof by the successful bidder of public liability and property damage insurance coverage.
Sec. 178. 1. Any person who has furnished labor, materials, provisions, implements, machinery, means of transportation or supplies used or consumed by such contractor or his or its subcontractors in or about the performance of the work contracted to be done, and whose claim therefor has not been paid by such contractor or subcontractors, and who desires to be protected under the bond, shall file with the department a claim in triplicate within 30 days from the date of final acceptance of the contract as provided in section 183, and such claim shall be executed and verified before a notary public and contain a statement that the same has not been paid. One copy shall be filed in the office of the department and the remaining copies shall be forwarded to the contractor and surety.
2. Any such person so filing a claim may at any time within 6 months thereafter commence an action against the surety or sureties on the bond for the recovery of the amount of the claim and the filing of such claim shall not constitute a claim against the department. Failure to commence such action upon the bond and the sureties within 6 months after date of the departments final acceptance will bar any right of action against such surety or sureties and against the State of Nevada and the department.
Sec. 179. 1. With the approval of the board, the engineer may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $15,000.
κ1957 Statutes of Nevada, Page 686 (CHAPTER 370, SB 19)κ
2. Such informal bids shall be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.
3. Contracts awarded under the provisions of this section shall be accompanied by bonds and conditioned and executed in the same manner as provided in section 171.
Sec. 180. 1. Every successful contractor to whom a contract is awarded shall be liable under the provisions of the Nevada Industrial Insurance Act (chapter 616 of NRS), and shall pay the premiums and percentages as required in such act. The Nevada Industrial Insurance Act shall be mandatory and compulsory upon every such contractor. Before paying any money or drawing his warrant in payment to the contractor, the state controller may require satisfactory evidence of the payment of the premiums required under the Nevada Industrial Insurance Act, and he shall withhold payment to the contractor or his assigns until such evidence is provided.
2. Every successful contractor to whom a contract is awarded in accordance with the provisions of this chapter shall be subject to the provisions of the Unemployment Compensation Law (chapter 612 of NRS), and, if determined to be an employer within the provisions of the Unemployment Compensation Law and therefore subject to the payment of contributions as therein provided, shall pay the contributions as required in such law. Payment of contributions levied in accordance with the Unemployment Compensation Law shall be mandatory and compulsory upon every contractor qualified as an employer as therein defined. Before paying any money or drawing his warrant in payment to the contractor, the state controller may require satisfactory evidence of the payment of the contributions required under the Unemployment Compensation Law, and he shall withhold payment to the contractor or his assigns until such evidence is provided.
3. Every successful contractor to whom a contract is awarded shall be subject to the provisions of all federal, state and local laws and the rules, regulations and ordinances created under such laws. Failure to comply with such laws, rules, regulations and ordinances shall be sufficient cause to withhold any moneys due the contractor until compliance therewith.
Sec. 181. 1. No prime or general contractor shall assign or sublet any portion of work to be done under the terms of any contract except:
(a) Upon the written approval of the department.
(b) In accordance with the terms of the contract or specifications.
2. All subcontractors and assignees of the prime or general contractor shall be required to comply with the provisions of section 180 in the same manner as the prime or general contractor.
Sec. 182. 1. The engineer may authorize partial payments at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses. The progress estimates shall be based upon materials in place and labor expended thereon; but not more than 90 percent of the contract price of any work shall be paid in advance of full completion and final acceptance of such improvement or construction.
κ1957 Statutes of Nevada, Page 687 (CHAPTER 370, SB 19)κ
or construction. At any time after 50 percent of the work has been completed, if the engineer finds that satisfactory progress is being made, he may make any of the remaining partial payments in full, based upon the progress estimates.
2. The withheld percentage of the contract price of any such work or improvement or construction shall be retained until the contract is completed satisfactorily and finally accepted by the engineer and any authorized representative of the United States Government having supervision of highways within the meaning of this chapter.
3. If it becomes necessary for the department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, shall first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the department shall be payable to the contractor or the contractors creditors.
4. Such retained percentage as may be due any contractor shall be due and payable at the expiration of the 30-day period as provided in section 178 for filing of creditors claims, and such retained percentage shall be due and payable to the contractor at such time without regard to creditors claims filed with the department.
Sec. 183. 1. Before making final payment on any contract as provided in this chapter the engineer shall cause the publication of a notice of the date of final acceptance of the contract for a period of at least 2 weeks in every issue of a newspaper of general circulation in the county wherein the major portion of the contract work was performed, and such notice may also be published each day for a period of at least 10 days in one or more daily newspapers of general circulation throughout the state.
2. No final settlement of the contract shall be made with the contractor until 30 days after the date of such final acceptance of the contract.
Sec. 184. 1. The department shall:
(a) Cooperate with the labor commissioner in the enforcement of the state labor laws insofar as such labor laws relate to labor performed in construction, maintenance and repair of highways under the jurisdiction of the department.
(b) Require that any work done, either by contract or days pay, shall be paid for at the legal wage as fixed by law.
2. No contractor shall be allowed to charge persons seeking employment for transportation or fares in case of their being refused employment or in case of being discharged from employment, such transportation or fares applying to their return to the nearest city or town.
3. No contractor or contractors for any highway improvement furnishing board for his or their employees shall be allowed to charge more than $3.50 per day for three substantial meals.
4. Where any contractor shall have violated the law in the particulars set forth in this section three times in any 1 year, the department shall refuse such contractor the right to bid on any contract for a period of 1 year, or to allow such contractor to participate in any contract as subcontractor or in any manner whatever during such period.
κ1957 Statutes of Nevada, Page 688 (CHAPTER 370, SB 19)κ
period of 1 year, or to allow such contractor to participate in any contract as subcontractor or in any manner whatever during such period.
5. The department and the labor commissioner shall enforce the provisions of this section.
6. This section shall not apply to work done directly by any public utility company pursuant to an order of the department or other public authority, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds.
Sec. 185. Whenever in the construction, reconstruction, maintenance or repair of any highway it shall appear to the engineer that any portion of such highway is dangerous or inconvenient to the traveling public in its present location or as it may from time to time be relocated, by reason of grades, dangerous turns or other local conditions, or that the expense in the constructing, building, rebuilding, maintaining or repairing of such highway would be unreasonably great and could be materially reduced or lessened by change of route, the engineer is empowered to divert or change the route in such manner as in his discretion may seem best; but:
1. Such highway shall not be so changed and diverted as to exclude therefrom any of the cities or towns mentioned in sections 57 to 167, inclusive, unless the consent of the governing bodies of such cities or towns shall have been obtained; and
2. The engineer shall first submit a plan of the proposed change to the board, and such plan shall be approved by the board.
Sec. 186. 1. After and upon a resolution of the board, the department under the provisions of this chapter may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, regulate, vacate or abandon freeways, with the approval of the board of county commissioners of the county in which such freeways may be proposed and with the approval of the city council of any incorporated city directly affected thereby.
2. The department shall have all such additional and necessary authority relative to such freeways as it possesses relative to other highways, including the authority to acquire by gift, purchase, condemnation or otherwise such real property or interests therein, including abutters rights or access rights required for such freeways.
3. Where an existing highways, in whole or in part, has been designated as, or included within, a freeway, existing abutters rights of light, view, and air and easements of access to and from abutting land may be extinguished by gift, purchase, condemnation or otherwise.
4. As a necessary adjunct of any freeway, the department may lay out, establish, acquire, open, construct, reconstruct, improve, maintain, repair, vacate or abandon frontage roads to provide service and access from areas adjacent to such freeway.
Sec. 187. The department may pave and improve state highway Route No. 81, beginning on Route No. 34 at Gerlach, thence northwesterly through Squaw Valley and Dutch Flat to the Nevada-California boundary at the southerly end of Surprise Valley, a distance of approximately 56 miles. The board of county commissioners, the department and the Bureau of Public Roads shall take such action as may be necessary to permit the use of the force account method of using federal and highway funds by using county forces and county equipment to fulfill the requirement of matching such federal aid highway funds as may be available.
κ1957 Statutes of Nevada, Page 689 (CHAPTER 370, SB 19)κ
may be necessary to permit the use of the force account method of using federal and highway funds by using county forces and county equipment to fulfill the requirement of matching such federal aid highway funds as may be available.
Sec. 188. 1. As a part of every plan and of all specifications and contracts for the construction of highways, provision shall be made for the erection of permanent guideposts and signboards at every point where another road crosses or diverges from such highways and at all places requiring warning to the traveling public as to the condition of the road, such as dangerous turns and steep grades. Such guideposts and signboards shall contain plain and accurate information as to the distances of towns and other points such as is usually contained on signboards for the information of the traveling public.
2. The department shall:
(a) Cause to be put up, and to be kept up thereafter, on and along the highways, all such usual and necessary road markers and highway signs as have been adopted or shall hereafter, from time to time, be adopted by the American Association of State Highway Officials.
(b) Cause to be put up, and to be kept up thereafter, informative signs, distinctive in color and design, pointing out, calling attention to and descriptive of nearby points, location of and distance to water, and objects of natural, scenic, geographical, geological, paleographical and historical interest to the traveler within or passing through the state.
3. Any person who shall willfully tear down, dig up, or in any manner deface, destroy or carry away any such guideboards, road markers, highway signs or descriptive signs as provided in this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300, or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment; and, the department shall have a cause of action against such person in a court of competent jurisdiction for the amount expended for repairs and replacement of such signs and markers, together with the cost and expenses incurred in such action.
Sec. 189. 1. No state highway or right-of-way shall be disturbed, dug up, crossed, encroached upon or otherwise used for the laying or relaying of pipelines, ditches, flumes, sewers, poles, wires, approach roads, driveways, railways or for any other purpose, without the written permit of the engineer, and then only in accordance with the conditions and regulations prescribed by the engineer. All such work shall be done under the supervision and to the satisfaction of the engineer. All costs of replacing the highway in as good condition as previous to its being disturbed shall be paid by the persons to whom or on whose behalf such permit was given or by the person by whom the work was done.
2. In case of immediate necessity therefor, a city or town may dig up such state highway without a permit from the engineer, but in such cases the engineer shall be first notified and the highway shall be replaced forthwith in as good condition as before at the expense of such city or town.
κ1957 Statutes of Nevada, Page 690 (CHAPTER 370, SB 19)κ
Sec. 190. 1. The department shall prepare and publish a magazine to be known as Nevada Highways and Parks and such magazine shall contain materials directed toward the promotion of tourist travel into and through the state and to our highways, parks, monuments, scenic attractions, places of interest and natural resources.
2. The cost of such magazine shall be paid from the state highway fund.
Sec. 191. 1. The board and the department is authorized and empowered to accept the grant of rights-of-way for the construction, reconstruction, or improvement of highways constructed over the public lands of the United States in accordance with the provisions of c. 262, § 8, 14 Stat. 253 (43 U.S.C.A. § 932).
2. Such acceptance shall be by resolution duly adopted by the board. The width of the highway right-of-way and of those necessary appurtenances shall be set forth in the resolution.
Sec. 192. 1. In all cases of highways constructed, reconstructed or improved under the provisions of this chapter which are located or relocated over privately owned property the department may acquire, in the name of the state, either in fee or in any lesser estate or interest, any real property or interest therein and any personal property which it considers necessary.
2. Real property or interests therein or personal property for such purposes includes, but is not limited to, real property, interests therein, improvements located thereon and personal property for any of the following purposes:
(a) For rights-of-way for both present and future needs for highways of all types including highways constructed within towns and cities.
(b) For exchanging the same for other real property to be used for rights-of-way and including such real property, interests therein and improvements thereon to avoid the payment of excessive damages.
(c) For sites for administrative, storage, communications, maintenance, recreational and historical purposes and necessary appurtenances in connection with such sites.
(d) For material sites, including the use of sand, gravel or other roadway material from material sites obtained through option, lease or purchase; also to obtain water from any source for any purpose which may be necessary for the construction and maintenance of such highways and their appurtenances.
(e) For the culture and support of trees and other flora which will benefit such highways in any way, including the increasing of the scenic beauty of such highways.
(f) For drainage in connection with any highway.
(g) For the maintenance of an unobstructed view of any portion of a highway so as to promote the safety of the traveling public.
(h) For the placement of directional signs and other signs, construction of fences, curbs, barriers, and obstructions as may be necessary for the safety and convenience of the traveling public.
(i) For constructing and maintaining highway cut and fill slopes.
3. Such property and property rights shall be acquired by the department in the name of the state, either by donation, agreement, lease, option, purchase, or through the exercise by the department in the name of and on behalf of the state under the power of eminent domain in the same manner as provided for acquiring property for other public uses except as otherwise provided in this chapter.
κ1957 Statutes of Nevada, Page 691 (CHAPTER 370, SB 19)κ
department in the name of the state, either by donation, agreement, lease, option, purchase, or through the exercise by the department in the name of and on behalf of the state under the power of eminent domain in the same manner as provided for acquiring property for other public uses except as otherwise provided in this chapter.
4. The entire cost of acquitting such property and property rights, except as otherwise provided in this chapter, shall be paid out of the state highway fund.
5. Whenever a part of a parcel of real property, interests therein or improvements thereon is to be acquired under the provisions of this chapter and the remainder is to be left in such shape or condition as to be of little value to its owner or to give rise to claims or litigation concerning damages, the department may acquire the whole of the same and may sell the remainder or may exchange the same for other property needed for highway purposes.
Sec. 193. 1. Any person asserting any claim for moneys or damages arising from the construction or alteration of any highway constructed, altered or improved under the provisions of this chapter shall file such claim with the department, verified under oath and containing all particulars regarding such claim. Such claim shall be investigated and determined by the engineer within a reasonable time after receipt, and if such claim is approved by the board it shall be paid out of the state highway fund.
2. Any person who may consider himself aggrieved by such determination may commence an action in any court of competent jurisdiction in Ormsby County within 6 months after final acceptance of the contract by the department as defined in section 183 in the same manner as actions for damages sustained for the taking of private land for public purposes, and if such action is not taken within such time it shall be forever barred.
Sec. 194. 1. The deparment shall not commence any legal action in eminent domain until the board first adopts a resolution declaring that public interest and necessity require the acquisition, construction, reconstruction, improvement or completion by the state, acting through the department, of the highway improvement for which the real property, interests therein or improvements thereon are required, and that the real property, interests therein or improvements thereon described in the resolution are necessary for such improvement.
2. The resolution of the board shall be conclusive evidence:
(a) That all real property, interests therein and improvements thereon acquired pursuant to this chapter and used in the manner and for the purposes enumerated in this chapter shall be and are hereby declared to be public and governmental functions exercised for public purposes and for public governmental uses.
(b) Of the public necessity of such proposed public improvement.
(c) That such real property, interests therein or improvements thereon are necessary therefor.
(d) That such proposed public improvement is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.
κ1957 Statutes of Nevada, Page 692 (CHAPTER 370, SB 19)κ
3. All legal actions in all court brought under the provisions of this chapter to enforce the right of eminent domain shall take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon shall be quickly heard and determined.
Sec. 195. 1. In all cases where it is found advisable by the department to acquire real property, interests therein, or improvements thereon in advance of the actual construction, reconstruction or improvement of highways or to acquire the same in order to avoid the payment of excessive damages, such real property, interests therein, or improvements thereon may be leased or rented by the department in such manner, for such periods of time, and for such sums as are determined by the engineer to be in the best interests of the state.
2. All moneys received for such leases and rentals shall be deposited with the state treasurer to be credited to the state highway fund.
Sec. 196. 1. When highways are constructed, reconstructed or improved in accordance with this chapter through towns and through cities, the department may require such towns and cities to acquire, through their governing bodies, and such towns and cities shall acquire in the name of the state, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the department in the same manner as if the property were being acquired by the state.
2. The cost of the same may be participated in by such town or city and the department or may be paid for wholly by such town or city in accordance with agreements which shall first be entered into between the governing body of such city or town and the department.
Sec. 197. 1. When highways are constructed, reconstructed or improved by the state in accordance with this chapter outside of the limits of any unincorporated town or incorporated city, the department may require the boards of county commissioners of the counties in which the highways are located to acquire, and such boards shall acquire in the name of the state, such real property, interests therein or improvements thereon for such highways as are determined to be necessary by the department in the same manner as if the property were being acquired by the state.
2. The cost of the same may be participated in by such counties and the department or may be paid for wholly by such counties in accordance with agreements which shall first be entered into between the boards of county commissioners of the counties in which the highways are located and the department.
Sec. 197.5 1. An advisory board to the board of directors of the department of highways, consisting of 17 members, one from each county, is hereby created.
2. Within 30 days from the effective date of this act each board of county commissioners shall appoint a member for a term of 2 years. Immediately after their appointments, the members shall meet on the call of the governor at the place designated in the call, organize and elect a chairman from among the members.
3. After the organizational meeting provided for in subsection 2, the advisory board shall meet at the call of the chairman, but at least two meetings each year shall be called and held.
κ1957 Statutes of Nevada, Page 693 (CHAPTER 370, SB 19)κ
two meetings each year shall be called and held. One meeting each year shall be called and held at the State Office Building in Carson City, Nevada, on the 1st Monday in June. One meeting each year shall be called and held at the State Office Building in Las Vegas, Nevada, on the 1st Monday in December.
4. Members of the advisory board attending meetings of the board or engaged in the business of the advisory board shall receive no compensation therefor but shall receive their per diem expense allowances and travel expenses as provided by law, which allowances and expenses shall be paid from the county road funds of their respective counties.
5. Vacancies occurring in the advisory board shall be filled by the board of county commissioners of the county wherein the vacancy exists by appointment for the unexpired term. Vacancies occurring in the advisory board by reason of expiration of term shall be filled by appointment by the boards of county commissioners for terms of 2 years.
6. The advisory board shall not be concerned with administrative matters of the department of highways. The advisory board shall consult the board of directors and shall advise the board of directors regarding general highway policy, with particular reference to the location or relocation of highway routes.
Sec. 198. 1. All real property, interests therein or improvements thereon and personal property heretofore or hereafter acquired in accordance with the provisions of this chapter shall, after board approval, be disposed of by the engineer in accordance with the provisions of this section, when such property is found to be no longer required for highway purposes or for other reasonable public use, for such sums of money not less than such sums as may be determined by the board to be for the best interests of the state, except that:
(a) When such property was originally donated to the state, then no charge shall be made for the same if returned to the original owner or to the holder of the reversionary right.
(b) When such property has been wholly or partially paid for by towns, cities, or counties, then disposal of the same and of money received therefor shall be agreed upon by the governing bodies of the towns, cities and counties and the department.
2. All such real property, interests and improvements shall be sold by the department to the highest bidder bidding for such property either at public auction or by sealed bids, the notice of which and terms of which shall be published in a newspaper of general circulation in the county where such property is situated. Such auctions and bid openings shall be conducted by the department.
3. It shall be conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this chapter than the department acted within its lawful authority in acquiring and disposing of such property, and that the engineer acted within his lawful authority in executing any conveyance vesting title in such purchaser. All such conveyances shall be quitclaim in nature and the department shall not warrant title, furnish title insurance or United States documentary stamps.
κ1957 Statutes of Nevada, Page 694 (CHAPTER 370, SB 19)κ
4. All such personal property shall be sold by the director of the state department of purchasing under the provisions of chapter 333 of NRS.
5. All sums of money received by the department for the sale of such real and personal property shall be deposited with the state treasurer to be credited to the state highway fund.
Sec. 199. Chapters 401 and 402 of NRS are hereby repealed.
Sec. 200. This act shall become effective upon passage and approval.
________
Senate Bill No. 180Senator Settelmeyer
CHAPTER 371
AN ACT to amend chapter 269 of NRS relating to unincorporated cities and towns by creating new provisions relating to the making of public improvements therein, providing for the levy and collection of special assessments, the issuance of improvement bonds by unincorporated towns; to repeal NRS sections 269.275 to 269.360, inclusive, relating to the making of improvements in unincorporated cities and towns; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.
Sec. 2. Such part of the expenses of making any public improvement, such as constructing sanitary, storm, or other sewers, or laying pavement, constructing sidewalks, installing street lights, or in any way improving streets and alleys in any unincorporated town in this state as the board of county commissioners acting as the town board for any such unincorporated town within its county, shall determine, may be paid from the general fund or district street fund, from the proper street district, or the cost or a portion thereof, as the board shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the board may be benefited by the improvement.
Sec. 3. 1. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the town or public grounds not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board, would be justly apportionable to such public grounds and town property, and to any interior squares or spaces formed by the intersections of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.
κ1957 Statutes of Nevada, Page 695 (CHAPTER 371, SB 180)κ
proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.
2. When assessment is to be made upon the lots and premises in proportion to frontage, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board may assess such lots for such number of feet frontage as in its opinion would be just.
Sec. 4. 1. Municipal buildings for the use of the town, and its officers, engine houses, and the structures of the fire department, and other public purposes, including the necessary land for such purposes, shall be paid for from the proper general fund of the town, except that, in case of lands apportioned for streets and right-of-way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed.
2. Whenever, in the opinion of the board, the benefits thereof are special rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvements. Such special assessments may be made in the manner hereinafter specified.
Sec. 5. 1. When the board shall determine to make any such public improvements and shall determine to defray the whole or any part of the cost and expenses thereof by special assessment, the board shall so declare by ordinance stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general fund of the town, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, the board shall by apt description designate the district including the lands to be assessed. The board shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis it shall be sufficient for the ordinance so to state and to define the location of the improvements to be made.
2. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to designate the property, district or the location so that the various parts to be assessed can be ascertained and described by the county assessor acting as ex officio town assessor.
Sec. 6. 1. Before ordering any of the public improvements, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the county clerk for public examination. The board shall give notice thereof and of the proposed improvements, or work, of the location of the improvements, and, if assessments are to be according to benefits, of the district to be assessed, or, if assessments are to be by feet frontage, such notice shall state that abutting property is to be assessed according to frontage.
κ1957 Statutes of Nevada, Page 696 (CHAPTER 371, SB 180)κ
thereof and of the proposed improvements, or work, of the location of the improvements, and, if assessments are to be according to benefits, of the district to be assessed, or, if assessments are to be by feet frontage, such notice shall state that abutting property is to be assessed according to frontage.
2. Such notice shall be given by publication once a week for 2 consecutive weeks in some newspaper published in the county and of general circulation in the town, by posting notices of the same, in at least one public place in the town, and in addition by posting notices in three public places near the site of the proposed work.
3. The notices shall state the time when and the place where the board will meet in the town to consider any suggestions and objections that may be made by parties in interest to the proposed improvements.
4. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered and the notice shall so specify.
Sec. 7. 1. The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments, and cost of construction.
2. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon such lot or premises, shall be paid from the general funds of the town.
3. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as part of such assessment.
Sec. 8. 1. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for herein shall have been given and had.
2. Nothing herein contained shall be construed as preventing the board from advertising, at least once a week for 2 consecutive weeks, for proposals for doing the work whenever it sees fit; but the contract shall not be made or awarded before the time herein stated.
Sec. 9. 1. When a special assessment is to be made pro rata upon the lots or premises, in any special district, according to frontage or benefits, the board shall, by ordinance, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed.
2. In fixing the amount or sum of money that may be required to pay the costs of improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such improvement.
Sec. 10. Upon the passage of such ordinance the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this act applicable to the assessment; provided:
κ1957 Statutes of Nevada, Page 697 (CHAPTER 371, SB 180)κ
premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this act applicable to the assessment; provided:
1. In all cases where the ownership thereof is unknown to the assessor, he shall, in lieu of the name of the owner, insert the word unknown.
2. If by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated; but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been confirmed, such assessment shall become a lien on such lot, parcel of land or premises, and be collected as provided by law.
Sec. 11. 1. If the assessment is made upon the basis of frontage, the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
2. If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.
Sec. 12. When the assessor shall have completed the assessment he shall report the same to the board. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows:
|
State of Nevada
County of................................. |
} |
ss. |
To the Board of County Commissioners of ................................. County, acting as town board of the unincorporated town of .................................: I hereby certify and report that the foregoing is the assessment roll and assessment made by me pursuant to an ordinance of the Board of County Commissioners of ................................. County, acting as town board of the unincorporated town of ................................., adopted (give date), for the purpose of paying that part of the cost which the board decided should be paid and borne by special assessment for ..................................... in such town. That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in the ordinance of the board hereinbefore referred to.
.............................................................. Assessor.
Dated ..........................................., Nevada, ......................................... A.D. 19.............
κ1957 Statutes of Nevada, Page 698 (CHAPTER 371, SB 180)κ
Sec. 13. 1. When any expense shall be incurred by the town or in respect to any single lot, parcel of land or premises which, by the provisions of this act, the board is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board.
2. The provisions of the previous sections hereof, with reference to special assessments, shall not apply to the assessments to cover the expenses incurred, in respect to the class of improvement contemplated in this section.
Sec. 14. The board shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the board shall deem it expedient the board shall require all of the several lots or premises chargeable therewith respectively to be reported by the county clerk to the assessor for assessment.
Sec. 15. 1. Upon receiving the report mentioned in section 14 the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises respectively, and when completed he shall report the assessment roll to the board.
2. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the county clerk and numbered.
3. Before adopting the assessment, the board shall cause notice to be published in a newspaper published in the county and of general circulation in the town, once a week for 2 consecutive weeks, after the filing of the same with the county clerk, and appointing a time when the board and assessor will meet to review the assessments.
4. Any person objecting to the assessment may file his objection thereto with the county clerk.
5. The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
(Form of notice)
NOTICE OF SPECIAL ASSESSMENT
To ..................................... (insert the names of persons against whom the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board of county commissioners of ..................................... County, Nevada, acting as town board of the unincorporated town of .....................................,
κ1957 Statutes of Nevada, Page 699 (CHAPTER 371, SB 180)κ
board of the unincorporated town of ....................................., decided should be paid and borne by special assessment for (describe the improvement) in such town is now on file at my office for public inspection. Notice is hereby given that the board and the county assessor will meet at ..................................... in such town on ..................................... (insert the date fixed upon) to review the assessment, at which time and place opportunity will be given all persons interested to be heard.
Date ............................... .................................... County Clerk.
Sec. 16. 1. At the time appointed for the purpose stated in section 15 the board and assessor shall meet and then or at some adjourned meeting review the assessments, and shall hear any objection to the assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same. The board may correct the same as to any assessment or description of the premises appearing therein, and may by resolution or ordinance confirm it as reported or as corrected, or the board may refer the assessment back to the assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew.
2. When a special assessment shall be confirmed the clerk of the board shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words:
Special assessment roll for the ..................................... (describe fully what the assessment is for) ..................................... approved by the board of county commissioners of ..................................... County, Nevada, acting as town board of the unincorporated town of ....................................., the ................. day of (month), 19........
Dated .....................................................
........................................................... , Clerk
of the Board of County Commissioners of .......................................................................
County, Nevada, acting as town board of the unincorporated town of ...........................
Sec. 17. 1. When any special assessment roll is confirmed by the board it shall be final and conclusive.
2. The bill, when so endorsed by the clerk of the board, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessment and assessment roll.
Sec. 18. 1. All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed.
2. Upon the approval of any assessment, the amount thereof may be divided into not more than 15 annual or 30 semiannual installments to be collected at such time, with such interest, at a rate not to exceed 8 percent per annum, and with such penalties to be collected upon delinquent payments, as the board may determine; but, at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.
κ1957 Statutes of Nevada, Page 700 (CHAPTER 371, SB 180)κ
Sec. 19. All special assessments, except such installments thereof as the board shall make payable at a future time, as provided in section 18, shall be due and payable on confirmation.
Sec. 20. 1. Should any lots of land be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the board may require the assessor to apportion the uncollected amounts upon the several parts of land so divided.
2. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.
Sec. 21. 1. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund of the town.
2. In case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 22. 1. Whenever any special assessment shall, in the opinion of the board, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.
2. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.
Sec. 23. Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the premises.
Sec. 24. 1. When any special assessment shall be confirmed and payable, the board may direct its clerk to report to the assessor a description of such lots and premises as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in the assessment roll shall be collected and enforced, by the county treasurer acting as ex officio town treasurer, with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds.
2. Nothing set forth in this section shall be construed as preventing the town from collecting any special assessment by suit in the name of the board of county commissioners or other duly constituted governing body of the town. The special assessment roll and the certified resolution or ordinance confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
κ1957 Statutes of Nevada, Page 701 (CHAPTER 371, SB 180)κ
resolution or ordinance confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 25. If in any action it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the town which is a proper charge against the defendant, or the lot or premises in question, render judgement for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 26. 1. When the board of county commissioners, acting as the town board for any unincorporated town within its county, shall determine to make any public improvements as herein provided and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, the board may, by ordinance, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the town at any general or special election, cause to be issued bonds of the town, not exceeding the amount of the assessments outstanding and unpaid, for the purpose of defraying all or part of the cost or expense of such improvements.
2. The bonds shall:
(a) Be signed by the chairman of the board of county commissioners, acting as the town board, and countersigned by the clerk of the board.
(b) Each be in a denomination in a multiple of $100, but not exceeding $1,000, except bond numbered one may be in an odd denomination.
(c) Be serial in form and maturity, the various annual maturities commencing not later than the third year and ending not later than 15 years after date of issue, and shall mature in equal annual installments; but the first and last installments may be for a greater or lesser amount than the other installments.
3. Interest on all such bonds shall be at a rate at least 1 percent per annum less than the interest on the installments of principal of assessments outstanding and unpaid, but shall in no event exceed the rate of 7 percent per annum, and shall be payable annually or semiannually at such times as the board may direct.
4. The bonds shall be subject to prior redemption at the option of thee town, whenever funds are available therefor, on any interest payment date prior to maturity, at a price equal to the principal amount thereof with such premium, if any, not to exceed 4 percent of the principal amount of any bond redeemed, as the board may at the time of issue direct, and with accrued interest to the redemption date.
5. The board, without notice to the state board of finance, may issue the bonds, or part thereof, to the contractor or contractors making such improvements, and, in such case, may issue additional of such bond to pay directly for such other costs or expenses incidental thereto for which assessments were levied; or, at least 3 weeks after mailing notice of sale to the state board of finance, Carson City, Nevada, it may publicly, upon such terms and pursuant to such public notice as the board may direct, or privately sell the bonds issued pursuant to this section, the proceeds of which shall be used to defray all or part of the costs or expenses of such improvements; but none of the bonds shall be sold at less than 95 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery.
κ1957 Statutes of Nevada, Page 702 (CHAPTER 371, SB 180)κ
notice as the board may direct, or privately sell the bonds issued pursuant to this section, the proceeds of which shall be used to defray all or part of the costs or expenses of such improvements; but none of the bonds shall be sold at less than 95 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery.
6. The board may enter into a contract to sell the bonds at any time; but any other provisions of this act notwithstanding, if the board so contracts before it awards the contract for making the improvements, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract, it determines not to make the improvements. If the board shall cease to have jurisdiction to proceed because the owners of more than one-half of the frontage to be assessed duly file written objections to the improvements, as provided in section 6 of this act, or for any other reason, the contract to sell the bonds shall thereupon be terminated and inoperative.
7. The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed until paid, as in this act provided, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid.
8. The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.
9. If the special fund created by the proceeds of the special assessment shall be insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund.
Sec. 27. 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 objects, and not an exclusive one, and this act or any part thereof shall not be construed to be repealed or modified except by acts or parts of acts of the legislature making provision directly contrary to this act or any part thereof.
Sec. 28. If any section, subsection, sentence, clause, or phrase of this act be for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this act. The legislature of the State of Nevada hereby declares that it would have passed this act in each section, subsection, sentence, clause, or phrase thereof separately and irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be invalid.
Sec. 29. NRS 269.275 to 269.360, inclusive, are hereby repealed.
Sec. 30. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 703κ
Assembly Bill No. 496Messrs. Valentine and Christensen (Washoe)
CHAPTER 372
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8.05 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 398, is hereby amended to read as follows:
Section 8.05. The police judge shall receive such salary as may be provided by the city council, not exceeding [twelve hundred ($1,200) dollars] $3,000 per annum.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 471Committee on Fish and Game
CHAPTER 373
AN ACT to amend NRS section 502.070 relating to the issuance of hunting licenses and tags to members of the Armed Forces by authorizing the issuance of resident fishing licenses to members of the Armed Forces assigned to permanent duty in Nevada.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 502.070 is hereby amended to read as follows:
502.070 1. The commission is authorized and directed to issue to any member of the Armed Forces of the United States who has been assigned to permanent duty, as opposed to temporary or casual duty, within the State of Nevada all necessary hunting or fishing licenses, tags or permits for fishing or for the hunting of wild game in the State of Nevada. All such licenses, tags or permits shall be issued on the same terms and conditions and at the same costs as licenses, tags or permits are issued to Nevada residents.
2. The issuance of all such licenses, tags and permits shall be made by application upon a form provided for that purpose by the commission. The application shall include such proof of assignment to permanent duty within the State of Nevada as may be deemed necessary by the commission to determine whether or not an applicant is actually so assigned.
3. Any person who gives false information for the purpose of obtaining a license, tag or permit as provided in this section shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 704κ
Assembly Bill No. 442Ormsby County Delegation
CHAPTER 374
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 87, as amended, is hereby amended by adding thereto a new section to be designated as section 19.5 which shall immediately follow section 19 and shall read as follows:
Section 19.5. Annually, but no later than September 1, the state board of finance shall cause an audit of the financial affairs of the city to be made by competent accountants hired by and under the supervision of the state board of finance. All costs incurred by the state board of finance in complying with the provisions of this section shall be a proper charge against and paid from the general fund of the city.
Sec. 2. Section 8 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 87, as last amended by chapter 104, Statutes of Nevada 1941, at page 151, is hereby amended to read as follows:
Section 8. The members of the board of trustees, immediately upon taking the oath of office as provided in section 7 hereof, shall organize and proceed upon the duties of their offices. [In the absence of the president of the board at any meeting they shall designate one of their number to preside at such meeting.] A president pro tempore shall be elected by the board of trustees from among its members, as soon after its organization as practicable, and the president pro tempore shall have the power to act in case of the absence of the president or his inability to act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 434Committee on Education
CHAPTER 375
AN ACT to amend NRS sections 281.210 and 391.140 relating to the unlawful employment of relatives by officers of the state, political subdivisions and school districts; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as provided in this section, it shall be unlawful for any individual acting as a school trustee, state, township, municipal or county official, or for any board, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity.
κ1957 Statutes of Nevada, Page 705 (CHAPTER 375, AB 434)κ
in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity.
2. This section shall not be construed to apply:
(a) To school districts [having only one teacher], when the teacher or other school employee so related is not related to more than one of the trustees by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to the effective date of this amendatory act.
[(b) To trustees and school employees who are related to them and in service on March 21, 1935, and who shall have been duly elected in accordance with chapter 75, Statutes of Nevada 1925.]
(c) To the wives of the superintendents of the Nevada school of industry and the Nevada state childrens home, and the wife of the warden of the Nevada state prison.
3. Nothing in this section shall:
(a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
(b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. No person employed contrary to the provisions of this section shall be entitled to or allowed compensation for such employment.
5. Any person violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.
Sec. 2. NRS 391.140 is hereby amended to read as follows:
391.140 [1.] Except as provided in subsection 2, no person acting as a member of a board of trustees of a school district shall employ any person in violation of the provisions of NRS 281.210.
[2. If, as a result of the abolishment of a school district or an educational district by NRS 386.020, the continued employment by a county school district of any person theretofore lawfully employed by the abolished school district or educational district becomes unlawful, the board of trustees of the county school district may continue the employment of such person until July 1, 1957, notwithstanding the provisions of NRS 281.210.]
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 706κ
Assembly Bill No. 432Ormsby County Delegation
CHAPTER 376
AN ACT concerning elected and appointed county officers of Ormsby County, Nevada; fixing the salaries of all county officers in Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies in those offices; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The elective and appointive officers hereinafter designated in this section shall receive the following annual salaries:
Sheriff and ex officio assessor (until the 1st Monday in January 1959, and thereafter if the offices of sheriff and assessor are not separated according to law) ........................................................................................ $5,400
Sheriff (after the 1st Monday in January 1959, if the offices of sheriff and assessor are separated according to law)........................................................ 4,800
County assessor (on and after the 1st Monday in January 1959, if the offices of sheriff and assessor are separated according to law).................... 4,800
District attorney......................................................................................... 4,800
County clerk and ex officio county treasurer......................................... 4,800
County recorder and ex officio county auditor..................................... 4,800
County commissioners, each................................................................... 1,500
Sec. 2. The salaries set forth in section 1 of this act shall be in full compensation for all services rendered Ormsby County by each of the officers. All fees and commissions due and payable, charged or received by any county officer, shall be by such officer paid into the general fund of Ormsby County, Nevada; but any fees received by the county recorder and ex officio county auditor as public administrator shall be by that officer retained for his own use and benefit.
Sec. 3. The county officers of Ormsby County may appoint such number of deputies as each shall deem necessary; but the compensation of such deputies, if any, must first be set by the board of county commissioners.
Sec. 4. The county officers of Ormsby County may appoint such number of clerks and stenographers as may be allowed by the board of county commissioners and the compensation of such clerks and stenographers shall be fixed by the board of county commissioners.
Sec. 5. Chapter 257, Statutes of Nevada 1955, at page 420, entitled An Act concerning elected county officers of Ormsby County; fixing the salaries of all county officers in Ormsby County; providing for the appointment and salaries of clerks and deputies in those offices; repealing all acts and parts of acts in conflict herewith, and other matters properly relating thereto, approved March 26, 1955, is hereby repealed, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 6. This act shall become effective on July 1, 1957.
________
κ1957 Statutes of Nevada, Page 707κ
Assembly Bill No. 431Ormsby County Delegation
CHAPTER 377
AN ACT to separate the offices of sheriff and ex officio county assessor of Ormsby County, Nevada; providing the method of filling the office of county assessor thus created; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. On and after the first Monday of January 1959, the offices of sheriff and county assessor in Ormsby County, Nevada, shall be separate offices, and the sheriff thereafter shall no longer hold the office of ex officio county assessor of the county.
Sec. 2. At the general election held in 1958 the county assessor of Ormsby County, Nevada, shall be chosen by the electors of the county, and at the general election every 4 years thereafter, and shall enter upon the duties of his office on the 1st Monday of January subsequent to his election.
Sec. 3. The county assessor of Ormsby County, Nevada, shall receive the compensation provided by law.
________
Assembly Bill No. 401Committee on Banks, Banking and Corporations
CHAPTER 378
AN ACT to amend NRS section 674.100 relating to the form of application for a small loan license; to amend NRS section 674.110 relating to investigation and license fees; to amend NRS section 674.490 relating to examination of licensees under the Nevada Small Loan Act.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 674.100 is hereby amended to read as follows:
674.100 1. Application for a license shall be in writing, under oath, and in the form prescribed by the commissioner.
2. The application shall:
(a) Give the [exact] general location where the business is to be conducted.
(b) Contain such further relevant information as the commissioner may require, including the names and addresses of the partners, officers, directors or trustees, and of such of the principal owners or members as will provide the basis for the investigations and findings contemplated by NRS 674.120 and 674.130.
Sec. 2. NRS 674.110 is hereby amended to read as follows:
674.110 1. At the time of making the application, the applicant shall pay to the commissioner the sum of [$50] $100 as a fee for investigating the application, [which will apply on the license fee if the license is granted,] and the sum of [$50] $200 as a license fee when granted for the period ending on the last day of the current calendar year.
κ1957 Statutes of Nevada, Page 708 (CHAPTER 378, AB 401)κ
granted for the period ending on the last day of the current calendar year.
2. If the license is granted after June 30 in any year the license fee shall be [$25.] $100.
3. In addition to the application fee and annual license fee, every licensee shall pay the commissioner the actual costs of each examination as provided for in NRS 674.490.
Sec. 3. NRS 674.490 is hereby amended to read as follows:
674.490. 1. At least once each year, the commissioner or his duly authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of such licensee so far as they pertain to the business licensed under this chapter.
2. The actual cost of examination shall be paid to the commissioner by each licensee so examined. The commissioner may maintain an action for the recovery of such costs in any court of competent jurisdiction.
________
Assembly Bill No. 386Messrs. Valentine, McKissick and Christensen (Washoe)
CHAPTER 379
AN ACT to amend chapter 3 of NRS relating to district courts by creating a new provision relating to the destruction of obsolete exhibits.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The district courts in the several judicial districts of this state are hereby authorized to order the clerks of their respective courts to destroy or dispose of any exhibits which have been in his custody for at least 6 years after a judgement has become final and the time for taking an appeal has expired.
2. The clerk shall serve written notice upon the last attorney or attorneys of record, representing the parties to the action wherein the exhibit was admitted into evidence, to withdraw such exhibit, and upon the failure to make such withdrawal within 30 days after the service of notice, the clerk shall petition the court for an order requesting:
(a) Destruction of the exhibit if such exhibit is found by the court to be of no value; or
(b) Delivery of an exhibit of value to the board of county commissioners as the property of the county.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 709κ
Assembly Bill No. 326Messrs. Waters and Pozzi
CHAPTER 380
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10a of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added and renumbered by chapter 104, Statutes of Nevada 1941, at page 152, is hereby amended to read as follows:
Section 10a. The board of trustees shall have, among others, the following powers: [To annually levy] Annually to levy a tax not exceeding [one percent] $1.25 per $100 valuation on all assessed value of all the real and personal property situated in said city, by law made taxable for state and county purposes, exclusive of all levies for interest or principal on bonds or notes of the city.
________
Assembly Bill No. 281Messrs. Fullerton, Godbey, Valentine, Leavitt and Miss Herr
CHAPTER 381
AN ACT to amend Title 38 of NRS relating to public welfare by creating a new chapter relating to licensing and supervision by the state welfare department of group care facilities maintained for aged, infirm or handicapped adult persons; providing penalties; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 13, inclusive, of this act.
Sec. 2. As used in this chapter:
1. Department means the state welfare department.
2. Group care facility means an establishment maintained for the purpose of:
(a) Furnishing food and shelter, in single or multiple facilities, to 4 or more aged, infirm or handicapped adult persons unrelated to the proprietor; and
(b) Providing personal care or services which meet some need beyond basic needs of food, shelter and laundry.
3. Person means any individual, firm, partnership, corporation, company or association and the legal successor thereof.
Sec. 3. The department shall adopt, amend, promulgate and enforce reasonable rules, regulations and standards with respect to group care facilities licensed under this chapter.
κ1957 Statutes of Nevada, Page 710 (CHAPTER 381, AB 281)κ
Sec. 4. 1. The department, with the advice of the state board of health in matters pertaining to health, shall formulate standards for the operation and maintenance of group care facilities, and standards of care conducive to the health and general welfare of persons residing in such facilities.
2. Standards for the licensing, operation and maintenance of group care facilities shall require that:
(a) Practices and policies of the facility must provide adequately for the protection of the health, safety, physical, moral and mental well-being of the persons accommodated in the facility.
(b) The facility shall employ an adequate number of capable persons qualified by education or experience to render the type of care and services necessary in the facility.
(c) Adequate physical facilities are available to render the type of care and services necessary in the facility.
Sec. 5. No person shall operate a group care facility, as defined in this chapter, without a license from the department. No fee shall be charged for such license.
Sec. 6. 1. Application for a license shall be made to the department.
2. Upon receipt of an application for a license, the department shall conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a group care facility. Such facility shall be subject to inspection, in behalf of the department, by the fire department of the locality in which the facility is located.
Sec. 7. 1. If, after investigation, the department finds that the group care facility meets the established standards, the department shall issue a license upon the form prescribed by the department for the purpose.
2. The license shall contain:
(a) The name of the person or persons authorized to operate such licensed facility.
(b) The location of such licensed facility.
(c) The number of person authorized to be received and cared for therein.
3. Such license shall be in effect for 1 year from the time of issuance.
4. Licenses shall apply only to the persons named therein and be valid only for the premises described therein, and shall not be transferable.
5. Upon request for renewal made at least 1 month prior to the expiration date of a license, and after reconsideration of the standards maintained, the license may be renewed annually. If the department has failed to act upon the application for renewal prior to the expiration date of the license, the license shall be deemed to be temporarily renewed until such time as the department shall act.
Sec. 8. The department, or its authorized agent, shall inspect every licensed group care facility as often as is necessary to assure that there is compliance with all applicable rules, regulations and standards.
κ1957 Statutes of Nevada, Page 711 (CHAPTER 381, AB 281)κ
Inspections may be made by the fire department of the locality at the request and in behalf of the department.
Sec. 9. The department may refuse to renew any license or may, at any time, suspend or revoke any license upon determination by the department that such licensed group care facility has failed to comply with established standards or rules and regulations governing the operation and maintenance of such facility. Such refusal to renew, suspension or revocation shall be in writing, citing the cause.
Sec. 10. 1. Any person affected by any decision or order of the department under this chapter may appeal therefrom to the state welfare board within 15 days of receipt of the decision or order appealed from. Upon such appeal, opportunity shall be provided for a prompt and fair hearing, in accordance with rules promulgated by the state welfare board.
2. Such appeal shall not stay the proceedings of the department, nor affect such order or decision unless otherwise ordered by the state welfare board.
Sec. 11. 1. The department may issue a provisional license to a group care facility which:
(a) Is in operation at the time of promulgation of the rules and regulations or standards under this chapter, to provide reasonable time under the particular circumstances, not to exceed 1 year from the date of such promulgation, within which to comply with such rules, regulations and standards.
(b) Has failed to comply with rules, regulations or standards, but which is in the process of making necessary changes in the establishment or has agreed to effect such changes within a reasonable time.
2. The provisions of subsection 1 shall not be construed to require the issuance of a license or to prevent the department from refusing to renew or from revoking or suspending any license in any instance when the department deems such action necessary for the health and safety of inmates of any such facility.
Sec. 12. This chapter shall not apply to:
1. Institutional facilities licensed under the provisions of chapter 449 of NRS.
2. Institutional facilities conducted, maintained or operated under governmental authority.
Sec. 13. Any person who operates a group care facility, as defined in this chapter, without a license issued by the department shall be guilty of a misdemeanor.
________
κ1957 Statutes of Nevada, Page 712κ
Assembly Bill No. 218Clark County Delegation
CHAPTER 382
AN ACT to amend an act entitled An Act fixing the salaries and compensation of officers, deputy officers and employees of Clark County, Nevada, and repealing all other acts and parts of acts in conflict therewith, approved March 24, 1955.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 206, Statutes of Nevada 1955, at page 308, is hereby amended to read as follows:
Section 1. From and after April 1, [1955,] 1957, the county officers and deputy county officers and employees of Clark County, Nevada, shall receive the following salaries and compensation for all services rendered:
1. The sheriff of Clark County shall receive an annual salary of [$10,000,] $11,000, payable in equal monthly installments, which shall be in lieu of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than $400, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners. He shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
2. The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive an annual salary of [$7,500,] $8,000, payable in equal monthly installments, for all services in the office, and may be allowed such deputies and clerical help, to be named by such clerk, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, that the chief deputy county clerk shall receive a monthly salary of not less than $400. The county clerk shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
3. The county assessor shall receive an annual salary of [$6,900,] $8,000, payable in equal monthly installments, as compensation for all services as such officer [.] or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the assessor to the credit of the county in the county general fund. [If the city of Las Vegas, at any time, ceases to pay the county assessor for his ex officio duties as city assessor, then the annual salary of the county assessor shall immediately be increased to $7,500.]
κ1957 Statutes of Nevada, Page 713 (CHAPTER 382, AB 218)κ
his ex officio duties as city assessor, then the annual salary of the county assessor shall immediately be increased to $7,500.] The county assessor may be allowed a chief deputy who shall receive a monthly salary of not less than $400, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The county assessor, or his deputy, shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
4. The county treasurer and ex office tax collector shall receive an annual salary of [$7,500,] $8,000, payable in equal monthly installments for all his services [in the office] as such treasurer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the treasurer to the credit of the county in the county general fund, and he may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy county treasurer shall receive a monthly salary of not less than $400. The county treasurer shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties, providing that the expenses shall be first audited and allowed by the board of county commissioners.
5. The county recorder and auditor shall receive an annual salary of [$7,500,] $8,000, payable in equal monthly installments as compensation for all his services as such [officer.] county recorder and auditor or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipal corporation or political subdivision shall be deposited by the recorder and auditor to the credit of the county in the county general fund. The county recorder and auditor may be allowed such deputies and clerical held, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy in the office shall receive a monthly salary of not less than $400. The county recorder and auditor shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
6. The district attorney shall receive an annual salary of [$7,500,] $10,000, payable in equal monthly installments for all his services as such officer. He may have such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary and at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy district attorney shall receive a monthly salary of not less than $400.
κ1957 Statutes of Nevada, Page 714 (CHAPTER 382, AB 218)κ
salary of not less than $400. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
7. The county commissioners shall each receive an annual salary of [$3,150,] $4,800, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. They shall be allowed all their actual traveling expenses, to consist of actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties, provided the expenses shall be first audited and allowed by a majority of the board of county commissioners. Each commissioner shall be entitled to traveling expense in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners. The chairman of the board of county commissioners without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.
Sec. 2. This act shall become effective April 1, 1957.
________
Assembly Bill No. 202Mr. Carruthers
CHAPTER 383
AN ACT to amend NRS sections 534.010, 534.030 to 534.080, inclusive, 534.100, 534.140 and 534.160 relating to conservation and distribution of underground waters; repealing NRS sections 534.200 to 534.230, inclusive, relating to state and county bounties and other matters pertaining to artesian wells.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 534.010 is hereby amended to read as follows:
534.010 1. As used in NRS 534.010 to 534.190, inclusive:
(a) Aquifer means a geological formation or structure that transmits water.
(b) Artesian well means a well tapping an aquifer underlying an impervious material in which the static water level in the well stands above where it is first encountered in the aquifer.
(c) Domestic use extends to culinary and household purposes, the watering of a family garden, lawn, and the watering of domestic animals.
(d) Percolating waters are underground waters, the course and boundaries of which are incapable of determination.
[(d)] (e) Person shall be interpreted to mean any individual, firm, partnership, association, company or corporation, municipal corporation, power district, political subdivision of this or any state, or a United States Government agency.
[(e)] (f) Waste is defined as causing, suffering or permitting any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well.
κ1957 Statutes of Nevada, Page 715 (CHAPTER 383, AB 202)κ
any artesian well to discharge water unnecessarily above or below the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20 percent of the amount of the water discharged from the well. [, or in any event where over 20 percent of the water discharging from a well is lost for beneficial use.]
[(f)] (g) Well driller means any person [, firm, copartnership, association or corporation] who shall drill a well or wells, for compensation or otherwise. [, upon land other than his own.]
(h) Well drilling or drilling a well are synonymous, and constitute drilling or boring new wells, placing casing in wells, cleaning and repairing existing wells, cementing wells and doing all other things normally associated with the construction or rehabilitation of wells.
Sec. 2. NRS 534.030 is hereby amended to read as follows:
534.030 1. Upon receipt by the state engineer of a petition requesting him to administer the provisions of NRS 534.010 to 534.190, inclusive, as relating to designated areas, signed by not less than 15 percent of the owners of wells, in any particular basin or portion therein, having a legal right to appropriate underground water therefrom, he shall:
(a) Cause to be made the necessary investigations to determine if such administration would be justified.
(b) If his findings are affirmative, designate such area by basin, or portion therein, and shall make an official order describing the boundaries by legal subdivision as nearly as possible.
(c) Proceed with the administration of NRS 534.010 to 534.190, inclusive, as provided for herein.
2. In the absence of such a petition from the owners of wells in a ground water basin which the state engineer has found, after due investigation, to be in need of administration as relating to designated areas, the state engineer may upon his own motion enter an order in the same manner as if a petition, as described in subsection 1, had been received.
3. Such order of the state engineer may be reviewed by the district court of the county pursuant to NRS 533.450.
4. Such supervision shall be exercised on all wells tapping artesian water or water in definable underground aquifers drilled subsequent to March 22, 1913, and on all wells tapping percolating water, the course and boundaries of which are incapable of determination, drilled subsequent to March 25, 1939, except those wells coming under the provisions of NRS 534.180.
5. Within any ground water basin which has been designated or which may hereafter be so designated by the state engineer, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for ground water conservation purposes, the state engineer, in his discretion and in the administration of the ground water law, is hereby authorized and directed to avail himself of the services of the governing body of such water district or the water conservation board, or either or both of them, in an advisory capacity. Upon request of the state engineer, the governing body or water board shall furnish such advice and assistance to the state engineer as he may deem necessary for the purpose of the conservation of ground water within the areas affected.
κ1957 Statutes of Nevada, Page 716 (CHAPTER 383, AB 202)κ
the governing body or water board shall furnish such advice and assistance to the state engineer as he may deem necessary for the purpose of the conservation of ground water within the areas affected. The services of such governing body or water conservation board shall be without compensation from the state, and the services so rendered shall be upon reasonable agreements effected with and by the state engineer.
Sec. 3. NRS 534.040 is hereby amended to read as follows:
534.040 1. Upon the initiation of the administration of NRS 534.010 to 534.190, inclusive, in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters of such basin, [and upon recommendation of] the state engineer [, the board of county commissioners of the county within which such basin is situated] may employ [, with the consent and approval of the state engineer,] a well supervisor and other necessary assistants, who shall execute the duties as provided in NRS 534.010 to 534.190, inclusive, under the direction of the state engineer. The salaries of the well supervisor and his assistants shall be fixed by the [board of county commissioners upon the recommendation of the] state engineer.
2. The board of county commissioners shall levy a special tax annually, or at such time as the same is needed, upon all taxable property situated within the confines of the area so designated by the state engineer to come under the provisions of NRS 534.010 to 534.190, inclusive, in such an amount as may be necessary to pay such salaries, together with necessary expenses; but in designated areas within which the use of ground water is predominantly for agricultural purposes such levy shall be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user shall be based upon the proportion which his water right bears to the aggregate water rights in the designated area. The minimum charge shall be $1.
3. The salaries and expenses may be paid by the state engineer from the water distribution fund provided in NRS 532.210 pending the levy and collection of the tax as provided in this section.
4. The proper officers of the county shall levy and collect such special tax as other special taxes are levied and collected, and such tax shall be a lien upon the property.
5. The tax provided for, when collected, shall be deposited with the state treasurer in a fund in the state treasury which shall be designated as the Basin, County well fund. All claims against such fund in the state treasury shall be certified by the state engineer and approved by the state board of examiners. The state controller is authorized to draw his warrants therefor against such fund and the state treasurer shall pay the same.
Sec. 4. NRS 534.050 is hereby amended to read as follows:
534.050 1. Every person desiring to sink or bore a well in any basin or portion therein in the state designated by the state engineer, as provided for in NRS 534.010 to 534.190, inclusive, shall first make application to and obtain from the state engineer a permit to appropriate such water, in accordance with the provisions of chapter 533 of NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of such well.
κ1957 Statutes of Nevada, Page 717 (CHAPTER 383, AB 202)κ
NRS relating to the appropriation of the public waters, before performing any work in connection with the boring or sinking of such well.
2. In other basins or portions therein which have not been designated by the state engineer [, where the water sought to be appropriated is underground water existing in unconfined acquifers and not being under any hydrostatic (artesian) pressure,] no application or permit to appropriate such water is necessary until after the well is sunk or bored and water developed. Before any legal diversion of water can be made from the well, the appropriator must make application to the state engineer, in accordance with the provisions of chapter 533 of NRS, for a permit to appropriate such water.
[3. Within any ground water basin which has been designated or which may hereafter be so designated, pursuant to NRS 534.030, by the state engineer, and wherein a water conservation board has been created and established or wherein a water district has been created and established by law to furnish water to an area or areas within the basin or for ground water conservation purposes, the state engineer, in his discretion and in the administration of the ground water law, is hereby authorized and directed to avail himself of the services of the governing body of such water district or the water conservation board, or either or both of them, in an advisory capacity. Upon request of the state engineer, the governing body or water board shall furnish such advice and assistance to the state engineer as he may deem necessary for the purpose of the conservation of ground water within the areas affected. The services of such governing body or water conservation board shall be without compensation from the state, and the services so rendered shall be upon reasonable agreements effected with and by the state engineer.]
3. Any person using water after a permit has been withdrawn, denied, canceled, revoked or forfeited is guilty of a misdemeanor. Each day of violation of this subsection shall constitute a separate offense and be separately punishable.
Sec. 5. NRS 534.060 is hereby amended to read as follows:
534.060 1. During the sinking or boring of a well [in any proven artesian basin] the permittee shall cause to be placed in such well a proper and sufficient casing approved by the state engineer, so arranged as to prevent the caving in of such well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, which casing must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of the well.
2. The number, size, type and distribution of perforations is optional with the permittee, except that no perforations shall be made in a pipe tapping confined (artesian) water above the confining impervious materials.
3. The permittee shall provide the necessary valves, plugs or other appliances to prevent or control the flow of water from such well and prevent the loss of underground water above or below the ground surface.
4. If in the judgment of the state engineer a well is in any manner defective he may order the same to be repaired.
κ1957 Statutes of Nevada, Page 718 (CHAPTER 383, AB 202)κ
5. If upon 15 days written notice by registered mail, return receipt requested, the owner fails to repair such well, the state engineer or his assistants or authorized agents may, without further notice, take such steps as may be necessary to effect such repairs. The cost thereof, including the labor and material, may in the first instance be paid by the state engineer from the water distribution fund, as provided in NRS 534.040; but any such cost in any event shall be a lien on the land on which the well is located and, also, any other land possessed by the well owner to which the water from the well is appurtenant.
6. The state engineer, his assistants or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when such work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein such charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense to the person liable therefor under this section, and if such person shall neglect for 30 days thereafter to pay the same, such bill and costs shall be and become a lien upon the lands and property of the person so liable for the payment of the bill, and shall be collected as delinquent taxes against the lands and property are collected.
Sec. 6. NRS 534.080 is hereby amended to read as follows:
534.080 1. A legal right to appropriate underground water for beneficial use from an artesian [well] or [from a] definable aquifer [by means of a well, tunnel, or otherwise, drilled, bored or otherwise constructed] subsequent to March 22, 1913, or from [a well, tunnel, or otherwise tapping] percolating water, the course and boundaries of which are incapable of determination, [that was drilled, bored or otherwise constructed] subsequent to March 25, 1939, can only be acquired by complying with the provisions of chapter 533 of NRS pertaining to the appropriation of water.
2. [In an area within which the state engineer is supervising distribution of waters from an underground source as provided in NRS 534.010 to 534.190, inclusive, the] The state engineer may, upon written notice sent by registered mail, return receipt requested, advise the owner of a well who is using water therefrom without [first making application and obtaining] a permit to appropriate such water to cease using such water until he has complied with the laws pertaining to the appropriation of water. If the owner fails to initiate proceedings to secure such permit within 30 days from the date of such notice he shall be guilty of a misdemeanor.
3. The date of priority of all appropriations of water from an underground source, mentioned in this section, is the date when application is made in proper form and filed in the office of the state engineer pursuant to the provisions of chapter 533 of NRS.
Sec. 7. NRS 534.100 is hereby amended to read as follows:
534.100 1. Existing water rights to the use of underground water are hereby recognized. For the purpose of NRS 534.010 to 534.190, inclusive, a vested right is a water right on underground water acquired from an artesian [well] or [from a] definable aquifer prior to March 22, 1913, and an underground water right on percolating water, the course and boundaries of which are incapable of determination, acquired prior to March 25, 1939.
κ1957 Statutes of Nevada, Page 719 (CHAPTER 383, AB 202)κ
to March 22, 1913, and an underground water right on percolating water, the course and boundaries of which are incapable of determination, acquired prior to March 25, 1939. The distinction as to whether water is in a definable aquifer or whether it is percolating water, the course and boundaries of which are incapable of determination, is a matter to be determined by the state engineer. [The state engineer is herewith empowered to make such rules as are necessary and which are to be followed in making such classification.]
2. Any claimant of a vested underground water right may petition the state engineer to adjudicate such rights. If upon investigation he finds the facts and conditions justify it, he shall enter an order granting the petition and shall make proper arrangements to proceed with such determination. In the order the state engineer shall designate the area within which such determination is to be made, [in the manner set forth in NRS 534.030;] but the size of such designated area may include other claimed underground vested water rights. Such designated area shall not extend into other drainage basins. Following the designation of such area the state engineer shall proceed with adjudicating such rights as provided for in chapter 533 of NRS.
Sec. 8. NRS 534.140 is hereby amended to read as follows:
534.140 1. Every well driller, [or person as defined in NRS 534.010,] before engaging in the physical drilling of a well in the State of Nevada for development of water, shall [, after July 1, 1947, and] annually [thereafter,] make application to the state engineer for a license to drill.
2. The applications for such licenses and all licenses issued for the drilling of wells shall be in the form prescribed by the state engineer.
3. All well-drilling licenses shall expire on June 30 following the issuance thereof and shall not be transferable.
4. A fee of $25 shall accompany each application for such license and a fee of $10 shall be paid each year for renewal thereof.
5. All such license fees shall be kept by the state engineer and used to pay costs pertaining to such licensing and other costs associated therewith.
6. The state engineer is authorized and directed to prepare and keep on file in his office rules and regulations for well drilling.
7. Before engaging in the physical drilling of a well in this state for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, shall obtain a license as a well driller from the state contractors board.
Sec. 9. NRS 534.160 is hereby amended to read as follows:
534.160 1. No person shall drill a well for water in this state without having first obtained a well-drilling license [therefor] as provided in NRS 534.140 to 534.170, inclusive.
2. Well drillers are required to comply with [the] such rules and regulations as may be adopted by the state engineer governing the drilling of water wells.
3. If the state engineer shall determine, upon investigation and after hearing held upon at least 15 days notice sent by registered mail to the licensed well driller, that the well driller has failed to comply with the law or the required rules and regulations, the state engineer may revoke his license.
κ1957 Statutes of Nevada, Page 720 (CHAPTER 383, AB 202)κ
mail to the licensed well driller, that the well driller has failed to comply with the law or the required rules and regulations, the state engineer may revoke his license. The state engineer may refuse to reissue a license to a well driller if it appears that he has violated the law or the rules and regulations.
4. The order revolving or refusing to reissue a license shall be final unless an action for review by the district court is filed pursuant to NRS 533.450.
Sec. 10. NRS 534.070 is hereby amended to read as follows:
534.070 1. No person controlling an artesian well in any basin in Nevada shall suffer the waters therefrom to flow to waste, unless, and as far as reasonably necessary in the judgment of the state engineer, to prevent the obstruction thereof, or to flow or be taken therefrom except for beneficial purposes.
2. The owner of any artesian well from which water is being unnecessarily wasted shall be guilty of a misdemeanor.
[3. If upon 15 days written notice by registered mail, return receipt requested, the owner fails to abate such waste, the state engineer or his assistants or authorized agents may, without further notice, take such steps as may be necessary to abate such waste. The cost thereof, including the labor and material, may in the first instance be paid by the state engineer from the water distribution fund, as provided in NRS 534.040; but any such cost in any event shall be a lien on the land on which the well is located and, also, any other land possessed by the well owner to which the water from the well is appurtenant.
[4. The state engineer, his assistants or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when such work was done and the nature of the labor so performed, with the board of county commissioners of the county wherein such charge and expense were incurred. The board of county commissioners shall thereupon present a bill for the expense to the person liable therefor under this section, and if such person shall neglect for 30 days thereafter to pay the same, such bill and costs shall be and become a lien upon the lands and property of the person so liable for the payment of the bill, and shall be collected as delinquent taxes against the lands and property are collected.]
Sec. 11. NRS 534.200 to 534.230, inclusive, are hereby repealed.
________
κ1957 Statutes of Nevada, Page 721κ
Assembly Bill No. 374Messrs. Hill and McKissick
CHAPTER 384
AN ACT to amend NRS sections 485.160, 485.230, 485.240 and 485.270 relating to the forms of reports, the duration of suspension, the application to nonresidents, unlicensed drivers and unregistered motor vehicles and the disposition of security under the Motor Vehicle Safety Responsibility Act; to amend chapter 485 of NRS relating to motor vehicle responsibility by creating new provisions relating to definitions of words and terms, the furnishing of operating records by the commissioner, the proof of financial responsibility for the future, correction of actions of the commissioner; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 485.160 is hereby amended to read as follows:
485.160 The report, the form of which shall be prescribed by the commissioner, shall contain information to enable the commissioner to determine whether the requirements for the deposit of security under this chapter are inapplicable by reason of the existence of insurance or other exceptions specified in this chapter. The commissioner may rely upon the accuracy of the information unless and until he has reason to believe that the information is erroneous.
Sec. 2. NRS 485.230 is hereby amended to read as follows:
485.230 The license and registration and nonresidents operating privilege suspended as provided in NRS 485.190 shall remain so suspended and shall not be renewed nor shall any such license or registration be issued to any such person until:
1. Such person shall deposit or there shall be deposited on his behalf the security required under NRS 485.190; or
2. One year shall have elapsed following the date of such suspension and evidence satisfactory to the commissioner has been filed with him that during such period no action for damages arising out of the accident has been instituted; or
3. Evidence satisfactory to the commissioner has been filed with him of a release from liability, or a final adjudication of nonliability, or a duly acknowledged written agreement, in accordance with NRS 485.190; but if there shall be any default in the payment of any installment under any duly acknowledged written agreement, then, upon notice of such default, the commissioner shall forthwith suspend the license and registration or nonresidents operating privilege of such person defaulting which shall not be restored unless and until:
(a) Such person deposits and thereafter maintains security as required under NRS 485.190 in such amount as the commissioner may then determine; or
(b) One year shall have elapsed following the date when such security was required and during such period no action upon such agreement has been instituted in a court in this state. Proof of ability to respond in damages in the manner described in section 15 of this amendatory act shall be an additional requirement for reinstatement of the operators license and motor vehicle registrations under this paragraph.
κ1957 Statutes of Nevada, Page 722 (CHAPTER 384, AB 374)κ
paragraph. The duration of such proof shall be for 3 years from the date of reinstatement of the license and shall be in accordance with the provisions of this chapter.
Sec. 3. NRS 485.240 is hereby amended to read as follows:
485.240 1. In case the operator or the owner of a motor vehicle involved in an accident within this state has no license or registration, or is a nonresident, he shall not be allowed a license or registration until he has complied with the requirements of NRS 485.150 to 485.300, inclusive, to the same extent that would be necessary if, at the time of the accident, he has held a license and registration.
2. When a nonresidents operating privilege is suspended pursuant to NRS 485.190 or 485.230, the commissioner shall transmit a certified copy of the record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection 3.
3. Upon receipt of such certification that the operating privilege of a resident of this state has been suspended or revoked in any such other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the commissioner to suspend a nonresidents operating privilege had the accident occurred in this state, the commissioner shall suspend the license of such resident if he was the operator, and all of his registrations if he was the owner of a motor vehicle involved in such accident. Such suspension shall continue until such resident furnishes evidence of his compliance with the law of such other state relating to the deposit of such security.
Sec. 4. NRS 485.270 is hereby amended to read as follows:
485.270 Such security shall be applicable only to the payment of a judgment or judgments rendered against the person or persons on whose behalf the deposit was made for damages arising out of the accident in question in an action at law, begun not later than 1 year after the date of such accident or within 1 year after the date of deposit of any security under subsection 3 of NRS 485.230 [.] , or to the payment in settlement, agreed to by the depositor, of a claim or claims arising out of such accident.
Sec. 5. Chapter 485 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 27, inclusive, of this act.
Sec. 6. Judgment means any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle for damages, including damages for care and loss of services because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for such damages.
Sec. 7. Proof of financial responsibility means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof arising out of the ownership, maintenance or use of a motor vehicle, in the amount of $5,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, in the amount of $10,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $1,000 because of injury to or destruction of property of others in any one accident.
κ1957 Statutes of Nevada, Page 723 (CHAPTER 384, AB 374)κ
subsequent to the effective date of such proof arising out of the ownership, maintenance or use of a motor vehicle, in the amount of $5,000 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, in the amount of $10,000 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $1,000 because of injury to or destruction of property of others in any one accident.
Sec. 8. The commissioner shall upon request furnish any person a certified abstract of the operating record of any person subject to the provisions of this chapter, which abstract shall also fully designate the motor vehicles, if any, registered in the name of such person, and, if there shall be no record of any conviction of such person of violating any law relating to the operation of a motor vehicle or of any injury or damage caused by such person, the commissioner shall so certify.
Sec. 9. 1. Whenever any person fails within 60 days to satisfy any judgment, upon the written request of the judgment creditor or his attorney, the clerk of the court or the judge of a court which has no clerk in which any such judgment is rendered within this state, shall forward to the commissioner immediately after the expiration of such 60 days a certified copy of such judgment.
2. If the defendant named in any certified copy of a judgment reported to the commissioner is a nonresident, the commissioner shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registration certificates of the state of which the defendant is a resident.
Sec. 10. 1. The commissioner, upon the receipt of a certified copy of a judgment, shall forthwith suspend the license and registration and any nonresidents operating privilege of any person against whom such judgment was rendered, except as hereinafter otherwise provided in this section and in section 13.
2. If the judgment creditor consents in writing, in such form as the commissioner may prescribe, that the judgment debtor be allowed a license and registration or nonresidents operating privilege, the same may be allowed by the commissioner, in his discretion, for 6 months from the date of such consent and thereafter until such consent is revoked in writing notwithstanding default in the payment of such judgment, or of any installments thereof prescribed in section 13, provided the judgment debtor furnishes proof of financial responsibility.
Sec. 11. 1. Such license, registration and nonresidents operating privilege shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full or to the extent hereinafter provided and until the person gives proof of financial responsibility subject to the exemptions stated in sections 10 and 13.
2. A discharge in bankruptcy following the rendering of any such judgment shall not relieve the judgment debtor from any of the requirements of sections 9 to 26, inclusive.
κ1957 Statutes of Nevada, Page 724 (CHAPTER 384, AB 374)κ
Sec. 12. Judgments herein referred to shall, for the purpose of this chapter only, be deemed satisfied:
1. When $5,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or
2. When, subject to such limit of $5,000 because of bodily injury to or death of one person, the sum of $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
3. When $1,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident,
but payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident shall be credited in reduction of the amounts provided for in this section.
Sec. 13. 1. A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
2. The commissioner shall not suspend a license, registration or a nonresidents operating privilege, and shall restore any license, registration or nonresidents operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains such an order permitting the payment of such judgment in installments, and while the payment of any such installment is not in default.
3. If the judgment debtor fails to pay any installment as specified by such order, then upon notice of such default, the commissioner shall forthwith suspend the license, registration or nonresidents operating privilege of the judgment debtor until such judgement is satisfied, as provided in this chapter.
Sec. 14. 1. Whenever the commissioner, under any law of this state, suspends or revokes the license of any person upon receiving a record of a conviction or a forfeiture of bail, the commissioner shall also suspend the registration for all motor vehicles registered in the name of such person, except that he shall not suspend such registration, unless otherwise required by law, if such person has previously given or shall immediately give and thereafter maintain proof of financial responsibility with respect to all motor vehicles registered by such person.
2. Such license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed or shall any license be thereafter issued to such person, nor shall any motor vehicle be thereafter registered in the name of such person until permitted under the motor vehicle laws of this state and not then unless and until he shall give and thereafter maintain proof of financial responsibility.
3. If a person is not licensed, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of a license, or for operating a motor vehicle upon the highways without being licensed to do so, or for operating an unregistered motor vehicle upon the highways, no license shall be thereafter issued to such person and no motor vehicle shall continue to be registered or thereafter be registered in the name of such person until he shall give and thereafter maintain proof of financial responsibility.
κ1957 Statutes of Nevada, Page 725 (CHAPTER 384, AB 374)κ
convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of a license, or for operating a motor vehicle upon the highways without being licensed to do so, or for operating an unregistered motor vehicle upon the highways, no license shall be thereafter issued to such person and no motor vehicle shall continue to be registered or thereafter be registered in the name of such person until he shall give and thereafter maintain proof of financial responsibility.
4. Whenever the commissioner suspends or revokes a nonresidents operating privilege by reason of a conviction or forfeiture of bail, such privilege shall remain so suspended or revoked unless such person shall have previously given or shall immediately give and thereafter maintain proof of financial responsibility.
Sec. 15. 1. Proof of financial responsibility when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of a motor vehicle may be given by filing:
(a) A certificate of insurance as provided in section 16 or section 17; or
(b) A bond as provided in section 21; or
(c) A certificate of deposit of money or securities as provided in section 22; or
(d) A certificate of self-insurance, as provided in NRS 485.380, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owners motor vehicle liability policy if it had issued such a policy to such self-insurer.
2. No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such proof shall be furnished for such motor vehicle.
Sec. 16. 1. Proof of financial responsibility may be furnished by filing with the commissioner the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
2. No motor vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility unless such motor vehicle is so designated in such a certificate.
Sec. 17. 1. The nonresident owner of a motor vehicle not registered in this state may give proof of financial responsibility by filing with the commissioner a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicles described in such certificate is registered, or if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such certificate otherwise conforms to the provisions of this chapter, and the commissioner shall accept the same upon condition that such insurance carrier complies with the following provisions with respect to the policies so certified:
κ1957 Statutes of Nevada, Page 726 (CHAPTER 384, AB 374)κ
same upon condition that such insurance carrier complies with the following provisions with respect to the policies so certified:
(a) Such insurance carrier shall execute a power of attorney authorizing the commissioner to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state; and
(b) Such insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued herein.
2. If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any such undertaking or agreements, the commissioner shall not thereafter accept as proof any certificate of such carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.
Sec. 18. 1. A motor vehicle liability policy as the term is used in this chapter shall mean an owners or an operators policy of liability insurance, certified as provided in section 16 or section 17 as proof of financial responsibility, and issued, except as otherwise provided in section 17, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
2. Such owners policy of liability insurance shall:
(a) Designate by explicit description nor by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and
(b) Insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows: $5,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $10,000 because of bodily injury to or death of two or more persons in any one accident, and $1,000 because of injury to or destruction of property of others in any one accident.
3. Such operators policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owners policy of liability insurance.
4. Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
κ1957 Statutes of Nevada, Page 727 (CHAPTER 384, AB 374)κ
5. Such motor vehicle liability policy need not insure any liability under any workmens compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.
6. Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(a) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by such motor vehicle liability policy occurs; the policy may not be cancelled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of the policy shall defeat or void the policy.
(b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.
(c) The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b) of subsection 2 of this section.
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of the chapter shall constitute the entire contract between the parties.
7. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term motor vehicle liability policy shall apply only to that part of the coverage which is required by this section.
8. Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
9. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
10. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements.
11. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Sec. 19. When an insurance carrier has certified a motor vehicle liability policy under section 16 or a policy under section 17, the insurance so certified shall not be cancelled or terminated until at least 10 days after a notice of cancellation or termination of the insurance so certified shall be filed in the office of the commissioner, except that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
κ1957 Statutes of Nevada, Page 728 (CHAPTER 384, AB 374)κ
days after a notice of cancellation or termination of the insurance so certified shall be filed in the office of the commissioner, except that such a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.
Sec. 20. 1. This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this chapter, may be certified as proof of financial responsibility under this chapter.
2. This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insureds employ or on his behalf of motor vehicles not owned by the insured.
Sec. 21. 1. Proof of financial responsibility may be furnished by filing with the commissioner the bond of a surety company duly authorized to transact business in the state, or a bond with at least two individual sureties each owning real property within this state, and together having equities equal in value to at least twice the amount of such bond, which real property shall be scheduled in the bond approved by a judge of a court of record. Such bond shall be conditioned for payments in amounts and under the same circumstances as would be required in a motor vehicle liability policy, and shall not be cancelable except after 10 days written notice to the commissioner. Upon the filing of notice to such effect by the commissioner in the office of the county clerk of the county where such real property shall be located, such bond shall constitute a lien in favor of the state upon the real property so scheduled of any surety, which lien shall exist in favor of any holder of a judgment against the person who has filed such bond.
2. If such a judgment, rendered against the principal on such bond, shall not be satisfied within 60 days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of the state against the company or persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real property of a person who has executed such bond.
Sec. 22. 1. Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him $11,000 in cash or securities such as may legally be purchased by savings banks or for trust funds of a marked value of $11,000. The state treasurer shall not accept any such deposit and issue a certificate therefor and the commissioner shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.
2. Such deposit shall be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made.
κ1957 Statutes of Nevada, Page 729 (CHAPTER 384, AB 374)κ
to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a motor vehicle after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.
Sec. 23. Whenever any person required to give proof of financial responsibility hereunder is or later becomes an operator in the employ of any owner, or is or later becomes a member of the immediate family or household of the owner, the commissioner shall accept proof given by such owner in lieu of proof by such other person to permit such other person to operate a motor vehicle for which the owner has given proof as herein provided. The commissioner shall designate the restrictions imposed by this section on the face of such persons license.
Sec. 24. The commissioner shall consent to the cancellation of any bond or certificate of insurance or the commissioner shall direct and the state treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
Sec. 25. Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the commissioner shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration or the nonresidents operating privilege pending the filing of such other proof.
Sec. 26. 1. The commissioner shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the commissioner shall direct and the state treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the commissioner shall waive the requirement of filing proof, in any of the following events:
(a) At any time after 3 years from the date such proof was required when, during the 3-year period preceding the request, the commissioner has not received a record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration or nonresidents operating privilege of the person by or for whom such proof was furnished; or
(b) In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or
(c) If the person who has given proof surrenders his license and registration to the commissioner,
but the commissioner shall not consent to the cancellation of any bond or the return of any money or securities if any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied or if the person who has filed such bond or deposited such money or securities, has, within 1 year immediately preceding such request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he has been released from all of his liability, or has been finally adjudicated not to be liable for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the commissioner.
κ1957 Statutes of Nevada, Page 730 (CHAPTER 384, AB 374)κ
for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the commissioner.
2. Whenever any person whose proof has been cancelled or returned under paragraph (c) of subsection 1 applies for a license or registration within a period of 3 years from the date proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof or the remainder of such 3-year period.
Sec. 27. Whenever the commissioner has taken any action or has failed to take any action under this chapter by reason of having received erroneous information or by reason of having received no information, then upon receiving correct information within 1 year after the date of the accident the commissioner shall take appropriate action to carry out the purposes and effect of this chapter. The foregoing shall not, however, be deemed to require the commissioner to reevaluate the amount of any deposit required under this chapter.
Sec. 28. This act shall become effective upon passage and approval.
________
Senate Bill No. 218Committee on Finance
CHAPTER 385
AN ACT to fix the state tax levy for the fiscal years commencing on July 1, 1957, and July 1, 1958; providing for the levy and collection of taxes on personal property not placed on the secured tax roll; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal years commencing July 1, 1957, and July 1, 1958, an ad valorem tax of 28 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 731κ
Assembly Bill No. 122Mr. Bailey
CHAPTER 386
AN ACT to amend NRS section 286.520 relating to the prohibition against employment of persons retired under the provisions of the Public Employees Retirement Act by the State of Nevada and its political subdivisions, and providing certain exceptions.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.520 is hereby amended to read as follows:
286.520 1. Any person accepting or receiving the benefits of retirement compensation under this chapter shall not be employed in any capacity by the State of Nevada, by a political subdivision of the State of Nevada, or any department, branch or agency thereof, except as provided in subsection 2. Any person accepting or enjoying the benefits of retirement compensation under this chapter who accepts employment or receives any other compensation from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch or agency thereof for services rendered, except as provided in subsection 2, shall forfeit all the benefits of this chapter so long as he shall retain such employment or receive such compensation. The proper officer shall forthwith strike such persons name from the retirement compensation roll and refuse to honor any requisitions for retirement compensation made by such person.
2. Persons accepting or receiving the benefits of retirement compensation under this chapter may:
(a) [be] Be employed as members of boards or commissions of the State of Nevada or of its political subdivisions when such boards or commissions are advisory or directive and when membership thereon is noncompensable except for expenses incurred. Receipt of a fee for attendance at official sessions of a particular board or commission shall not be regarded as compensation, provided such fees do not normally exceed a total of $300 in a calendar year.
(b) Return to employment for the State of Nevada or a political subdivision thereof during any 1 calendar year without forfeiture of retirement benefits until they have earned a gross amount of $1,200. All employing agencies of the State of Nevada or its political subdivisions shall immediately inform the board of the fact of employing such retired persons.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 732κ
Assembly Bill No. 140Messrs. Ryan, Godbey, DeSpain, Duncan, Miss Herr, and Mr. Carlson
CHAPTER 387
AN ACT to amend NRS section 616.615 relating to death benefits payable under the Nevada Industrial Insurance Act.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.615 is hereby amended to read as follows:
616.615 If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:
1. Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed [$350.] $500. When the remains of the deceased employee and the person accompanying the remains are [is] to be transported to a mortuary or mortuaries, [and the distance is over 15 miles,] the charge of transportation shall be borne by the commission, subject to its approval [.] , provided, such transportation shall not be beyond the continental limits of the United States.
2. Widow without children. To the widow, if there is no child, 50 percent of the average monthly wage of the deceased. This compensation shall be paid until her death or remarriage, with 2 years compensation in one sum upon remarriage.
3. Widower without children. To the widower, if there is no child, 40 percent of the average monthly wage of the deceased employee, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with 2 years compensation in one sum upon remarriage.
4. Widow or widower with children.
(a) To the widow or widower, if there is a child or children, the compensation payable under subsection 1 and subsection 2, and the additional amount of 15 percent of such wage for each child until the child reaches the age of 18 years.
(b) In case of the subsequent death of the surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to the surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he or they shall reach the age of 18 years; but the total amount payable shall in no case exceed 80 percent of such wage.
(c) If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to the guardian.
(d) The compensation payable on account of any child shall cease when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.
κ1957 Statutes of Nevada, Page 733 (CHAPTER 387, AB 140)κ
5. Surviving children but no surviving wife or dependent husband. If there be a surviving child or children of the deceased employee under the age of 18 years, but no surviving wife (or dependent husband), then for the support of each child until he reaches the age of 18 years, 30 percent of the average monthly wage of the deceased employee; but the aggregate shall in no case exceed 90 percent of such wage.
6. Dependent parents, brothers and sisters. If there be no surviving wife (or dependent husband) or child under the age of 18 years, there shall be paid:
(a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.
(b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 50 percent of the average monthly wage of the deceased employee during dependency.
(c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.
(d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 80 percent of the average monthly wage of the deceased employee during dependency.
7. Questions of total or partial dependency.
(a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.
(b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.
(c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.
8. Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
9. Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.
10. Excess of wage not considered in computing death benefit. Any excess of wages over $200 a month shall not be taken into account in computing compensation for death [benefts.] benefits.
κ1957 Statutes of Nevada, Page 734 (CHAPTER 387, AB 140)κ
11. Lump sum settlements not allowed. In cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.
12. Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed [$350] $500 shall be paid.
________
Assembly Bill No. 331Mr. Collins
CHAPTER 388
AN ACT to amend NRS sections 643.030, 643.050, 643.070, 643.080, 643.090 and 643.140 relating to the officers of the state barbers health and sanitation board and the powers and duties of such board, the qualifications for a barber or apprentice certificate and the renewal thereof; requiring tuberculosis and blood tests of applicants and licensees; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 643.030 is hereby amended to read as follows:
643.030 1. The board shall elect a president [.] and fix his salary, which shall not exceed the sum of $600 per year. No person shall serve as president for more than 4 consecutive years.
2. The board shall elect a vice president and fix his salary, which shall not exceed the sum of $420 per year.
[2.] 3. The board shall elect a secretary-treasurer, who may or may not be a member of the board. The board shall [have the power to] fix the salary of the secretary-treasurer, which shall not exceed the sum of [$900] $1,200 per year.
4. Each officer and member of the board shall be entitled to receive his necessary traveling expenses and per diem allowance in the transaction of public business as provided by law.
[3.] 5. The secretary-treasurer shall:
(a) Keep a record of all proceedings of the board.
(b) Give to the state a bond in the sum of $2,000, with sufficient sureties, for the faithful performance of his duties. The bond shall be approved by the board.
Sec. 2. NRS 643.050 is hereby amended to read as follows:
643.050 1. The board shall have the authority to make reasonable rules and regulations for the administration of the provisions of this chapter.
2. The board shall prescribe sanitary requirements for barbershops and barber schools.
[3. In addition to the power to fix the salary of the secretary-treasurer, as provided in NRS 643.030, the board shall have the power to fix the amount to be paid the other members of the board, which amount shall not exceed $10 to each member for each executive meeting in which the other member or members were in actual attendance.
κ1957 Statutes of Nevada, Page 735 (CHAPTER 388, AB 331)κ
[4.] 3. Any member of the board or its agents or assistants shall have authority to enter and inspect any barbershop or school or college at any time during business hours.
[5.] 4. The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of certificates of registration. This record shall also contain the name, place of business and residence of each registered barber and registered apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection at all reasonable times.
[6.] 5. The board shall have power to approve and, by official order, to establish the days and hours when barbershops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative group of barbers of at least 70 percent of the barbers of any county. The board shall have like power to investigate the reasonableness and propriety of the hours fixed by such agreement, as is conferred by this chapter, and the board may fix hours for any portion of a county.
Sec. 3. NRS 643.070 is hereby amended to read as follows:
643.070 Any person is qualified to receive a license as a practitioner of barbering:
1. Who is qualified under the provisions of NRS 643.080.
2. Who is at least 18 years of age.
3. Who is of good moral character and temperate habits.
4. Who has practiced as a registered apprentice for a period of 18 months under the immediate personal supervision of a registered barber.
5. Who has passed a satisfactory examination conducted by the board to determine his fitness to practice as a registered barber.
6. Who has had a chest X-ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.
Sec. 4. NRS 643.080 is hereby amended to read as follows:
643.080 Any person is qualified to receive a certificate of registration as a registered apprentice:
1. Who is at least 16 1/2 years of age.
2. Who is of good moral character and temperate habits.
3. Who has graduated from a school of barbering approved by the board.
4. Who has passed a satisfactory examination conducted by the board to determine his fitness to practice as a registered apprentice.
5. Who has had a chest X-ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.
Sec. 5. NRS 643.090 is hereby amended to read as follows:
643.090 1. Each applicant for a license as a practitioner of barbering shall file an application duly verified by him for an examination before the board.
2. The application shall be in such form and shall contain such matters as may be required by the board.
3. Each application must be accompanied by the fees provided by subsection 4.
κ1957 Statutes of Nevada, Page 736 (CHAPTER 388, AB 331)κ
4. The board shall annually fix the examination fees which shall not be more than $50.
5. Each applicant shall, at the time of filing the application and annually thereafter, file a certificate of a licensed physician certifying that such applicant is free from tuberculosis and other communicable diseases.
Sec. 6. 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. 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.
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 years after the expiration of his certificate of restoration.
3. Any registered barber who retires from the practice of barbering may, at any time within 5 years thereafter, renew his certificate of registration upon payment of the required restoration fee.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 379Committee on Roads and Transportation
CHAPTER 389
AN ACT to amend chapter 394 of NRS relating to private schools, colleges and universities by creating a new provision relating to the condition, equipment and identification of school buses; to amend NRS sections 392.400 and 392.410 relating to conditions, equipment, identification and specifications of vehicles used for the transportation of pupils.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 394 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The provisions of NRS 392.400 and 392.410 relating to the condition, equipment and identification of vehicles used for the transportation of pupils shall apply to private schools.
2. All such vehicles shall be subject to inspection at all times by agents and employees of the department of motor vehicles, who shall report any violations discovered thereby to the executive head of such private school.
3. If the executive head of such private school shall fail or refuse, within 10 days after receiving such report from the department of motor vehicles, to take appropriate action to correct any such violation, he shall be guilty of a misdemeanor.
κ1957 Statutes of Nevada, Page 737 (CHAPTER 389, AB 379)κ
motor vehicles, to take appropriate action to correct any such violation, he shall be guilty of a misdemeanor.
Sec. 2. NRS 392.400 is hereby amended to read as follows:
392.400 1. All vehicles used in the transportation of pupils shall be:
(a) In good condition and state of repair.
(b) Well equipped, and shall contain sufficient room and seats so that the driver and each pupil being transported shall have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.
(c) Subject to safety inspections at all times by agents and employees of the [drivers license division of the public service commission of Nevada.] department of motor vehicles, who shall make recommendations to the superintendent of schools of the school district wherein such vehicle is operating for the correction of any defects discovered thereby.
2. If the superintendent of schools fails or refuses to take appropriate action to have such defects corrected within 10 days after receiving notice thereof from the department of motor vehicles, he shall be guilty of a misdemeanor, and upon conviction thereof may be removed from office.
[2.] 3. On and after July 1, 1956, all vehicles used for transporting pupils shall meet the specifications determined by the state board of education.
[3.] 4. Any person violating any of the requirements of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.
Sec. 3. NRS 392.410 is hereby amended to read as follows:
392.410 1. When operated for the transportation of pupils, every school bus shall be equipped with:
(a) A first aid kit, an ax, and a fire extinguisher containing an extinguishing substance other than tetrachloride.
(b) A mechanical appliance, either automatic or hand operated, on the drivers side, to be extended outward when stopping as a warning to drivers of other vehicles that the school bus is about to stop.
(c) A flashing red-light system of a type approved by the [drivers license division of the public service commission of Nevada] department of motor vehicles, and installed at the expense of the school district or operator. The driver shall operate this signal only:
(1) When pupils are unloading from the bus to cross a street, highway or road.
(2) When the bus is stopped for the purpose of loading pupils who must cross a highway, street or road to board the bus.
(3) In times of emergency or accident.
2. When operated for transportation of pupils, every school bus shall bear upon the front and rear thereof a plainly visible sign containing the words School Bus in letters not less than 8 inches in height. Upon every such sign the letters shall be of proportionate width.
κ1957 Statutes of Nevada, Page 738 (CHAPTER 389, AB 379)κ
width. It shall be unlawful for any person to display such a sign upon any vehicle other than a school bus.
3. Each new school bus shall be equipped with a rear escape door of a type approved by the [drivers license division of the public service commission of Nevada.] department of motor vehicles.
4. The agents and employees of the department of motor vehicles may inspect school buses to determine if the provisions of this section concerning equipment and identification of such school buses have been complied with, and shall report any violations discovered thereby to the superintendent of schools of the school district wherein such vehicles are operating.
5. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of such violation from the department of motor vehicles, he shall be guilty of a misdemeanor, and upon conviction thereof may be removed from office.
[4.] 6. Any person who violates any of the provisions or requirements of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.
________
Assembly Bill No. 468Messrs. Pozzi, Barnum and Vaughan
CHAPTER 390
AN ACT to amend chapter 213 of NRS relating to the state board of pardons and parole commissioners and to amend NRS sections 213.010, 213.050, 213.110, 213.130, 213.170, 176.180, 176.190, 176.230, 176.430, 176.490, 176.500, 176.530, 176.580, 176.600, 334.010 and 482.365 by creating new provisions and amending existing provisions to establish the state board of parole commissioners and transfer parole functions to it; providing for the appointment, compensation, powers and duties of the state board of parole commissioners; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 213.010 is hereby amended to read as follows:
213.010 1. The state board of pardons [and parole] commissioners shall consist of the governor, justices of the supreme court and the attorney general.
2. As used in [this chapter,] NRS 213.010 to 213.100, inclusive, board means the state board of pardons [and parole] commissioners.
3. Meetings of the board for the purpose of considering applications for clemency shall be held semiannually or oftener, on such date as may be fixed by the board.
Sec. 2. NRS 213.050 is hereby amended to read as follows:
213.050 1. Any member of the board shall have authority to administer an oath or affirmation to any person offering to testify upon the hearing of an application for a pardon, or the commutation of a punishment, or the remission of a fine or forfeiture.
κ1957 Statutes of Nevada, Page 739 (CHAPTER 390, AB 468)κ
punishment, or the remission of a fine or forfeiture. [, or for parole.]
2. Any district judge, county clerk or notary public may take and certify affidavits and depositions to be used upon such applications, either for or against the same.
Sec. 3. Chapter 213 of NRS is hereby amended by adding thereto the provisions set forth as section 4 to 6, inclusive, of this act.
Sec. 4. As used in sections 4 to 6, inclusive, and in NRS 213.110 to 213.160, inclusive, board means the state board of parole commissioners.
Sec. 5. 1. The state board of parole commissioners is hereby created.
2. The state board of parole commissioners shall consist of:
(a) The chief parole and probation officer, who shall be chairman of the board; and
(b) Four persons to be appointed by the governor.
Sec. 6. 1. The term of office of each member of the board appointed by the governor shall be 4 years, except as provided in subsection 2.
2. Immediately after the effective date of this amendatory act, the governor shall appoint:
(a) Two members for terms expiring on the 1st Monday in January 1959; and
(b) Two members for terms expiring on the 1st Monday in January 1961.
3. Appointments to the board shall be made by the governor within 60 days from the time any vacancy occurs.
4. Any member of the board shall have authority to administer an oath or affirmation to any person offering to testify upon the hearing of an application for parole, and any district judge, county clerk or notary public may take and certify affidavits and depositions to be used upon such applications, either for or against the same.
5. The members appointed by the governor shall be entitled to receive the sum of $25 for each days attendance at meetings of the board; and all members of the board shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 7. NRS 213.110 is hereby amended to read as follows:
213.110 1. [When acting as the board, the governor, justices of the supreme court, and the attorney general, or the major part of them,] The board shall have power to establish rules and regulations under which any prisoner who is now or hereafter may be imprisoned in the state prison and who shall have served 1 calendar year, less good time credits, of the term for which he was sentenced and who has not previously been more than 3 times convicted of a felony and served a term in a penal institution, or who is imprisoned in a county jail, may be allowed to go upon parole outside of the buildings or inclosures, but to remain, while on parole, in the legal custody and under the control of the board and subject at any time to be taken within the inclosure of the state prison or county jail.
2. The board, for good cause and in order to permit induction into the military service of the United States, may suspend paroles during the period of the parolees active service after induction into the military service.
κ1957 Statutes of Nevada, Page 740 (CHAPTER 390, AB 468)κ
Sec. 8. NRS 213.130 is hereby amended to read as follows:
213.130 1. Applications for parole from the state prison or county jail shall be made on forms prescribed by the board from time to time, and shall contain such data as will assist the board in determining whether [clemency] parole should be granted.
2. Meetings for the purpose of considering applications for [clemency] parole shall be held semiannually or oftener, on such dates as may be fixed by the board.
3. The board of state prison commissioners shall provide suitable and convenient rooms or space for use of the board.
Sec. 9. NRS 213.170 is hereby amended to read as follows:
213.170 Every person having taken a lawful oath, or made affirmation in an application [to the board] for a pardon or commutation of punishment, or the remission of a fine or forfeiture, or for parole, who shall swear or affirm willfully, corruptly and falsely in any matter material to the issue or point in question or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury (as the case may be), and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than 1 year not more than 14 years.
Sec. 10. NRS 176.180 is hereby amended to read as follows:
176.180 1. Whenever any person shall be convicted of any felony for which no fixed period of confinement is imposed by law and where a judgment of confinement is rendered, the court shall, in addition to any fine or forfeiture which it may impose, direct that such person be confined in the state prison for an indeterminate term limited only by the minimum and maximum term of imprisonment prescribed by law for the offense of which such person shall be convicted.
2. Where no minimum term of imprisonment is prescribed by law, the court shall fix the minimum term in its discretion at not less than 1 year nor more than 5 years, and where no maximum term of imprisonment is prescribed by law, the court shall fix such maximum term of imprisonment.
3. Immediately after the rendition of judgment in such case, the district attorney who prosecuted the same shall transmit to the district judge who presided at the trial, to the warden of the state prison and to the [secretary] chairman of the state board of [pardons and] parole commissioners (upon forms to be supplied by the board) a written statement of facts respecting such convicted person, and the cause in which he was convicted or plead guilty, and shall include in such statement such comments as he may deem pertinent.
4. As soon as possible after the delivery of the prisoner to the state prison, and not later than 90 days thereafter, the warden shall transmit to the trial judge, with a copy to the [secretary] chairman of the state board of [pardons and] parole commissioners, a statement setting forth results of investigation of the prior record of the prisoner.
5. Within 10 days after the receipt of the wardens statement the trial judge shall transmit to the [secretary] chairman of the state board of [pardons and] parole commissioners, with a copy to the warden of the state prison, a written statement containing facts and comments pertinent to the case, and he shall therein recommend some fixed period for confinement of the defendant within the limits of the sentence imposed.
κ1957 Statutes of Nevada, Page 741 (CHAPTER 390, AB 468)κ
comments pertinent to the case, and he shall therein recommend some fixed period for confinement of the defendant within the limits of the sentence imposed.
Sec. 11. NRS 176.190 is hereby amended to read as follows:
176.190 The state board of [pardons and] parole commissioners may, at any time after the expiration of the minimum term of imprisonment for which any prisoner was committed thereto, direct that any prisoner confined in the state prison shall be released on parole upon such terms and conditions as in their judgment they may prescribe in each case.
Sec. 12. NRS 167.220 is hereby amended to read as follows:
176.220 As used in 176.220 to 176.370, inclusive:
1. Board shall mean the state board of [pardons and] parole commissioners.
2. Court shall mean a district court of the State of Nevada.
3. Parole and probation officer shall mean the chief state parole and probation officer or an assistant parole and probation officer appointed in accordance with the provisions of NRS 176.220 to 176.370, inclusive.
Sec. 13. NRS 176.230 is hereby amended to read as follows:
176.230 1. The state board of [pardons and] parole commissioners shall administer NRS 176.220 to 176.370, inclusive.
2. The board shall have such powers and duties and shall perform such acts as may be authorized or directed by NRS 176.220 to 176.370, inclusive, or by any other statute of the State of Nevada.
Sec. 14. NRS 176.430 is hereby amended to read as follows:
176.430 The judge of the court at which a conviction requiring judgment of death shall have been had shall immediately after the conviction transmit to the governor, as chairman of the state board of pardons [and parole] commissioners, by mail or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial.
Sec. 15. NRS 176.490 is hereby amended to read as follows:
176.490 1. Whenever any person shall be convicted of any crime except murder, kidnaping, burglary in the first degree, arson in the first degree, robbery, carnal knowledge of a female child under the age of 10 years, or rape, the court in which the conviction is had may in its discretion and when in its opinion clemency should be exercised, at the time of imposing sentence upon such person, direct that the execution of such sentence be stayed for a period of not more than 20 days for the purpose of allowing such person to apply to the state board of pardons [and parole] commissioners or to the state board of parole commissioners for the remission of the fine or forfeiture, commutation of sentence, parole or pardon, as the case may be.
2. Upon the staying of the execution of the sentence the court may, in its discretion, permit such person his liberty on his own recognizance, admit him to bail or commit him to such custody as to the court shall seem meet pending the determination of such application by the board.
Sec. 16. NRS 176.500 is hereby amended to read as follows:
176.500 1. Upon the staying of the sentence, as provided in NRS 176.490, the person making application to the state board of pardons [and parole] commissioners or to the state board of parole commissioners shall make or cause to be made a statement in writing, signed by him, setting forth in full the reasons for the remission of the fine or forfeiture, commutation of the sentence, parole or pardon, as the case may be, which statement shall be forwarded to and filed with the [secretary] chairman of the board within 6 days of the staying of the execution of sentence.
κ1957 Statutes of Nevada, Page 742 (CHAPTER 390, AB 468)κ
176.490, the person making application to the state board of pardons [and parole] commissioners or to the state board of parole commissioners shall make or cause to be made a statement in writing, signed by him, setting forth in full the reasons for the remission of the fine or forfeiture, commutation of the sentence, parole or pardon, as the case may be, which statement shall be forwarded to and filed with the [secretary] chairman of the board within 6 days of the staying of the execution of sentence.
2. Accompanying the statement shall be a statement in writing signed by the judge of the court staying the sentence, wherein such judge shall give his reasons for staying the sentence, his reasons for recommending consideration by the board, and such other matters as will fully advise the board concerning the case.
3. When the statements are received by the [secretary] chairman of the board, the board shall convene and consider the statements and such other evidence as it may require within such time as will permit of a determination of the matter within the 20-day period and transmittal of its order thereon to the court staying the execution of such sentence.
4. The board may, upon consideration of the statements, evidence, and any other matters in connection therewith, remit the fine or forfeiture, commute the sentence, grant a parole upon such terms as it deems just, or grant a full or conditional pardon.
5. Upon the receipt of the order made by the board, the court shall enter the same upon its records and the sentence of the court theretofore imposed shall be vacated, or otherwise modified or changed so as to comply with the action of the board.
Sec. 17. NRS 176.530 is hereby amended to read as follows:
176.530 1. No judge, court or officer, other than the governor or the state board of pardons [and parole] commissioners as authorized in sections 13 and 14, article V, Constitution of Nevada, shall stay the execution of a judgment of death, unless an appeal from such judgment of death is taken to the supreme court of Nevada.
2. When an appeal is taken from a judgment of death, the supreme court, or any justice thereof in vacation, may stay the execution until the appeal is heard and determined; but the judge of the district court of the county in which the state prison is situated may stay the execution of the judgment of death of a convicted person who has been delivered to the warden of the state prison for execution, as hereinafter provided in this chapter.
Sec. 18. NR 176.580 is hereby amended to read as follows:
176.580 1. If it is found by the jury at the inquisition that the convicted person is insane, the judge shall make and enter an order staying the execution of the judgment of death until the convicted person shall have become sane, and shall therein direct the warden of the state prison to confine such person in a safe place of confinement until his reason is restored.
2. The clerk of the court shall serve or cause to be served three certified copies of the order, one on the warden, one on the governor, for the use of the state board of pardons [and parole] commissioners, and one on the clerk of the district court of the county in which the conviction was had.
κ1957 Statutes of Nevada, Page 743 (CHAPTER 390, AB 468)κ
3. If the convicted person shall thereafter become sane, notice of such fact shall be given by the warden to the judge of the court staying the execution of the judgment, and such judge, upon being satisfied that such person is then sane, shall enter an order vacating the order staying the execution of the judgment.
4. The clerk of the court shall immediately serve or cause to be served three certified copies of such vacating order as follows: One on the warden, one on the governor, for the use of the state board of pardons [and parole] commissioners, and one on the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in the last-mentioned district court for the issuance of a new warrant of execution of the judgment of death in the manner provided in NRS 176.440.
Sec. 19. NRS 176.600 is hereby amended to read as follows:
176.600 1. If it is found by the inquisition that the female is not pregnant, the warden must execute the judgment of death; but if a stay of execution has been granted pursuant to NRS 176.540 the procedure provided in NRS 176.570 shall then be applicable.
2. If the female is found to be pregnant by the jury of physicians, the judge shall enter an order staying the execution of the judgment of death, and shall therein direct the warden of the state prison to confine such female in a safe place of confinement commensurate with her condition until further order of the court.
3. Thereafter and when such female shall be no longer pregnant, notice of such fact shall be given by the warden to the judge of the court staying the execution of the judgment. Thereupon the judge, upon being satisfied that the pregnancy no longer exists, shall enter an order vacating the order staying the execution of the judgment and shall direct the clerk of such court to serve or cause to be served three certified copies of such order, one on the warden, one on the governor, for the use of the state board of pardons [and parole] commissioners, and one on the clerk of the district court of the county in which the conviction was had, who shall give notice thereof to the district attorney of such county, whereupon proceedings shall be instituted in the last-mentioned district court for the issuance of a new warrant of execution of the judgment in the manner provided in NRS 176.440.
Sec. 20. NRS 334.010 is hereby amended to read as follows:
334.010 1. Except as otherwise provided in subsection 2, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $3,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
κ1957 Statutes of Nevada, Page 744 (CHAPTER 390, AB 468)κ
4. All such automobiles shall be used for official purposes only.
5. All such automobiles, except automobiles maintained for and used by or under the authority and direction of the state board of [pardons and] parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, and one automobile used by the Nevada school of industry, shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than 12 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.
6. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.
Sec. 21. NRS 482.365 is hereby amended to read as follows:
482.365 1. The department shall provide suitable distinguishing plates, to be issued once every 5 years, except as provided in subsection 2, for vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district or irrigation district in the state, which shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.
2. License plates furnished for such automobiles as are maintained for and used by or under the authority and direction of the state board of [pardons and] parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, and one automobile used by the Nevada school of industry shall not bear any distinguishing mark which would serve to identify such automobiles as state-owned vehicles. Notwithstanding the provisions of subsection 1, such license plates shall be issued annually.
3. Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling such vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except such automobiles as are maintained for and used by or under the authority and direction of the state board of [pardons and] parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison and one automobile used by the Nevada school of industry.
________
κ1957 Statutes of Nevada, Page 745κ
Assembly Bill No. 503Committee on Ways and Means
CHAPTER 391
AN ACT making appropriations from the general fund, the state highway fund and the county gas tax fund for the support of the civil government of the State of Nevada for the 2 fiscal years beginning July 1, 1957, and ending June 30, 1959, and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the 2 fiscal years beginning July 1, 1957, and ending June 30, 1959.
Sec. 2. The Offices and Mansion of the Governor.
For the support of the offices of the governor and the governors mansion $121,040.00
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor.......................... 7,500.00
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state.............................. 131,715.00
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general................................ 117,815.00
Sec. 6. The Office of State Controller.
For the support of the office of state controller.................................. 126,967.00
Sec. 7. The Office of State Treasurer.
For the support of the office of state treasurer.................................... 83,636.00
Sec. 8. The Office of Inspector of Mines.
For the support of the office of inspector of mines............................ 86,441.80
Sec. 9. State Department of Conservation and Natural Resources.
For the support of the state department of conservation and natural resources 493,860.28
Sec. 10. Supreme Court of Nevada.
For the support of the supreme court of Nevada................................ 206,115.00
Sec. 11. Adjutant General and the Nevada National Guard.
For the support of the office of the adjutant general and the Nevada national guard ............................................................................................. 134,573.00
Sec. 12. Superintendent of Banks.
For the support of the office of superintendent of banks.................. 123,506.00
Sec. 13. State Board of Finance.
For the support of the state board of finance...................................... 2,217.00
Sec. 14. Director of the Budget.
For the support of the office of the director of the budget................ 45,779.00
Sec. 15. State Department of Buildings and Grounds.
κ1957 Statutes of Nevada, Page 746 (CHAPTER 391, AB 503)κ
For the support of the state department of buildings and grounds in Carson City, Nevada............................................................................................................. $375,135.00
For the support of the state department of buildings and grounds in Las Vegas, Nevada............................................................................................................. 84,829.00
Sec. 16. State Department of Buildings and Grounds.
The following sum is appropriated from the general fund for the use of the superintendent of the state department of buildings and grounds as a telephone fund to pay telephone toll charges for various state agencies, bureaus, departments, commissions and boards in Carson City, Nevada, details of which shall be hereafter furnished by the legislative auditor to the state department of buildings and grounds and the state agencies, bureaus, departments, commissions and boards concerned 64,189.00
The following sum is appropriated from the state highway fund for the use of the superintendent of the state department of buildings and grounds as a telephone fund to pay telephone tolls charges for various state agencies, bureaus, departments, commissions and boards in Carson City, Nevada, details of which shall be hereafter furnished by the legislative auditor to the state department of buildings and grounds and the state agencies, bureaus, departments, commissions and boards concerned........................................................................................................ 8,362.00
The following sum is appropriated from the county gas tax fund for the use of the superintendent of the state department of buildings and grounds as a telephone fund to pay telephone toll charges for various state agencies, bureaus, departments, commissions and boards in Carson City, Nevada, details of which shall be hereafter furnished by the legislative auditor to the state department of buildings and grounds and the state agencies, bureaus, departments, commissions and boards concerned 441.00
Sec. 17. Department of Civil Defense.
For the support of the department of civil defense............................. 32,171.00
Sec. 18. Department of Economic Development.
For the support of the department of economic development.......... 172,500.00
Sec. 19. Nevada Historical Society.
For the support of the Nevada historical society................................ 49,070.00
Sec. 20. Department of Insurance.
For the support of the department of insurance.................................. 106,920.00
Sec. 21. The Labor Commissioner (including the Apprenticeship Council).
For the support of the office of the labor commissioner.................... 66,667.50
Sec. 22. Nevada Legislative Counsel Bureau.
For the support of the Nevada legislative counsel bureau................ 166,063.00
κ1957 Statutes of Nevada, Page 747 (CHAPTER 391, AB 503)κ
Sec. 23. Nevada State Library.
For the support of the Nevada state library......................................... $173,950.00
Sec. 24. Nevada State Museum.
For the support of the Nevada state museum...................................... 65,256.00
Sec. 25. State Board of Parole Commissioners.
For the support of the state board of parole commissioners and for the return of parole violators............................................................................................... 107,606.00
Sec. 26. State Park Commission.
For the support of the state park commission..................................... 131,955.00
Sec. 27. State Planning Board.
For the support of the state planning board........................................ 89,986.00
Sec. 28. Public Service Commission of Nevada.
For the support of the public service commission of Nevada........... 107,923.00
Sec. 29. Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the department of motor vehicles............................................. 13,646.00
Sec. 30. Motor Vehicle Division of the Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle division of the department of motor vehicles 329,445.00
Sec. 31. Motor Carrier Division of the Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the motor carrier division of the department of motor vehicles 71,949.00
Sec. 32. Nevada Highway Patrol Division of the Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the Nevada highway patrol division of the department of motor vehicles 841,060.00
Sec. 33. Drivers License Division of the Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the drivers license division of the department of motor vehicles 278,360.00
Sec. 34. Statute Revision Commission.
For the support of the statute revision commission........................... 252,893.20
Sec. 35. Nevada Tax Commission.
For the support of the Nevada tax commission................................... 150,528.00
Sec. 36. Motor Vehicle Fuel and County Gasoline Tax Administration: Nevada Tax Commission.
The following sum is hereby appropriated from the state highway fund for administration of the gasoline tax, special fuel tax, and county gasoline tax by the Nevada tax commission................................................................................. 95,072.00
κ1957 Statutes of Nevada, Page 748 (CHAPTER 391, AB 503)κ
The following sum is hereby appropriated from the county gas tax fund for the administration of the gasoline tax and county gasoline tax by the Nevada tax commission...................................................................................................... $16,459.00
Sec. 37. Liquor and Cigarette Tax Division: Nevada Tax Commission.
For the support of the liquor and cigarette tax division, Nevada tax commission 47,716.00
Sec. 38. Division of Assessment Standards: Nevada Tax Commission.
For the support of the division of assessment standards, Nevada tax commission 82,919.00
Sec. 39. Sales and Use Tax Division, Nevada Tax Commission.
For the support of the sales and use tax division, Nevada tax commission 326,754.00
Sec. 40. Veterans Service Commissioner.
For the support of the offices of veterans service commissioner and deputy veterans service commissioner................................................................... 55,107.00
Sec. 41. State Board of Health.
The following sums are hereby appropriated for the support of:
Preventive medical services............................................................. 155,829.00
Vital statistics..................................................................................... 46,009.00
Public health engineering................................................................. 96.779.00
Division of laboratories..................................................................... 81,601.00
Dental hygiene................................................................................... 77,257.00
Crippled children................................................................................ 100,000.00
Mental health...................................................................................... 65,591.00
Hospital services................................................................................ 25,899.00
Sec. 42. State Department of Education.
The following sums are hereby appropriated for the support of:
Administration of the state department of education.................. 394,461.00
Public school teachers retirement.................................................. 1,367,500.00
Vocational education......................................................................... 215,944.00
Vocational rehabilitation................................................................... 36,748.59
Care of deaf, dumb and blind........................................................... 70,000.00
Sec. 43. State Distributive School Fund.
The following sum is appropriated from the general fund to be transferred to the state distributive school fund as needed for regular apportionments, relief apportionments, emergency apportionments and teachers institute expense 20,468,965.00
Sec. 44. University of Nevada.
For the support of the University of Nevada....................................... 4,821,276.00
Sec. 45. Food and Drug Control and Weights and Measures Public Service Departments of Public Service Division of the University of Nevada.
κ1957 Statutes of Nevada, Page 749 (CHAPTER 391, AB 503)κ
For the support of the food and drug control and weights and measures public service departments of the public service division of the University of Nevada $127,504.00
Sec. 46. State Welfare Department.
The following sums are hereby appropriated for the support of:
Administration of the department................................................... 547,331.00
Old-age assistance............................................................................. 1,064,720.00
Old-age assistance, medical and remedial care fund.................... 182,500.00
Aid to the blind.................................................................................. 197,044.00
Aid to the blind, medical and remedial care fund.......................... 10,000.00
Aid to dependent children................................................................ 375,000.00
Handicapped children....................................................................... 20,000.00
Child welfare....................................................................................... 18,000.00
Sec. 47. Nevada State Childrens Home.
For the support of the Nevada state childrens home........................ 298,264.00
Sec. 48. Nevada School of Industry.
For the support of the Nevada school of industry............................. 314,890.00
Sec. 49. Nevada State Hospital.
For the support of the Nevada state hospital...................................... 1,533,854.00
Sec. 50. Nevada State Prison.
For the support of the Nevada state prison......................................... 907,654.00
Sec. 51. State Department of Agriculture.
The following sums are hereby appropriated for the support of:
State quarantine officer..................................................................... 116,411.00
Noxious weed control........................................................................ 54,490.00
Insect pest control............................................................................. 20,530.00
Sec. 52. State Predatory Animal and Rodent Committee.
For the support of the state predatory animal and rodent committee 199,946.00
Sec. 53. State Soil Conservation Committee.
For the support of the state soil conservation committee................. 1,500.00
Sec. 54. State Bureau of Mines.
For the support of the state bureau of mines....................................... 120,000.00
Sec. 55. Advisory Mining Board.
For the support of the advisory mining board..................................... 1,600.00
Sec. 56. State Board of Examiners.
For the support of the state board of examiners.................................. 7,930.00
Sec. 57. Miscellaneous State Expenses.
The following sums are hereby appropriated for the support of:
Nevada junior livestock show board.............................................. 3,000.00
Promotion of uniform laws................................................................ 500.00
Traveling expenses of the district judges to be apportioned by the state board of examiners...................................................................... ........................ 47,500.00Judges salaries and pensions .......................................................... $452,685.00
κ1957 Statutes of Nevada, Page 750 (CHAPTER 391, AB 503)κ
Judges salaries and pensions......................................................... $452,685.00
Fire insurance premiums................................................................... 54,000.00
Publication of claims and delinquent corporations lists.............. 4,000.00
State officers bond premiums......................................................... 7,500.00
Rewards of the governor.................................................................. 1,000.00
Care of G. A. R. cemeteries............................................................... 600.00
Interest on possible judgments....................................................... 4,000.00
Consolidated bond interest and redemption fund........................ 480,000.00
Colorado River Commission, legal and engineering, intervention action ...................................................................................... 219,489.00
Sec. 58. The funds herein appropriated shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each departmental request.
Sec. 59. On June 30, 1959, any unexpended balances of the appropriations herein made shall revert to the fund from which appropriated.
________
Senate Bill No. 130Senator Johnson
CHAPTER 392
AN ACT creating the Nevada Olympic Games commission; providing for the organization of such commission and its powers and duties; creating an Olympic Games fund; providing appropriations; and other matters properly relating thereto.
[Approved April 1, 1957]
Whereas, The magnificent spectacle of the 1960 Winter Olympic Games has been awarded to the Squaw Valley area, high in the Sierra-Nevada ranges; and
Whereas, The Olympics will produce innumerable benefits for both Nevada and her sister state, California, and will indelibly stamp the Sierra-Nevada region as the Playground of the West; and
Whereas, This state has pledged its wholehearted support to the International Olympic Committee and the California Olympic Commission in the organization and staging of the games; and
Whereas, California has appropriated $5,000,000 for the financing of the games and has legislation pending which would appropriate an additional $2,900,000 to make the Olympic facilities permanent; and
Whereas, Nevada should pay a portion of the cost of financing the Olympics in order to fairly share the burdens as well as the benefits to accrue from this glorious event; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created the Nevada Olympic Games commission which shall consist of five members to be appointed by the governor.
κ1957 Statutes of Nevada, Page 751 (CHAPTER 392, SB 130)κ
governor. No salary or other compensation shall be paid any member of the commission for his services nor is such commission authorized to hire any assisting personnel.
Sec. 2. The governor shall designate one member of the commission as chairman. Meetings of the commission shall be held at such times and places as the chairman or a majority of its members shall designate. Three members of the commission shall constitute a quorum for all purposes and the affirmative votes of a majority of the members present shall be necessary for the adoption or promulgation of any rule, regulation or order of the commission.
Sec. 3. The powers and duties of the commission shall be to aid, support, and give all possible assistance in the promotion, organization and staging of the 1960 Winter Olympic Games at Squaw Valley, California, in cooperation with the International Olympic Committee and the California Olympic Commission.
Sec. 4. For the purpose of enabling the commission to perform the powers and duties enumerated in section 2, there is hereby created in the state treasury the Olympic Games Fund. Moneys for such fund shall be provided by direct legislative appropriation. Moneys in such fund shall be paid out on claims certified by the commission in the same manner as other claims against the state are paid.
Sec. 5. There is hereby appropriated to the Olympic Games fund created by section 4, from the general fund of the state treasury out of any moneys not otherwise appropriated, the sum of $200,000.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 195Mr. Ryan
CHAPTER 393
AN ACT to amend NRS sections 612.340 and 612.345 relating to weekly amounts and augmented weekly amounts of unemployment compensation benefits.
[Approved April 1, 1957]
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 An individuals weekly benefit amount 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 [$30] $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.
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 individuals weekly benefit amount shall not be augmented by more than $20 in any case, nor shall the augmented weekly benefit amount exceed [$50] $57.50 or 6 percent of an individuals total wages for employment by employers during that quarter of his base period in which such total wages were highest, whichever is the lesser.
κ1957 Statutes of Nevada, Page 752 (CHAPTER 393, AB 195)κ
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. This act shall become effective on July 1, 1957.
________
Assembly Bill No. 322Committee on Agriculture and Irrigation
CHAPTER 394
AN ACT to repeal NRS section 555.450 relating to applicability of NRS sections 555.260 to 555.460, inclusive, to custom application of insecticides, fungicides and herbicides; and to amend NRS sections 555.260, 555.320 and 555.330, relating to the definitions of certain words, restrictions on the issuance of licenses, and a licensees bond.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 555.450 is hereby repealed.
Sec. 2. NRS 555.260 is hereby amended to read as follows:
555.260 As used in NRS 555.260 to 555.460, inclusive:
1. Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.
2. Custom application of insecticides, fungicides or herbicides means any application of insecticides, fungicides or herbicides by aircraft or ground equipment for hire [.] , including application made on new construction of residence buildings or building slabs by contractors or builders.
3. Director means the director of the division of plant industry of the state department of agriculture.
4. 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. Fungicide means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any fungi.
6. 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 or herbicides as sprays, dusts, aerosols or fogs, or in other forms.
7. Herbicide means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any weed.
8. 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.
κ1957 Statutes of Nevada, Page 753 (CHAPTER 394, AB 322)κ
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. 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. 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. Weed means any plant which grows where not wanted.
Sec. 3. NRS 555.320 is hereby amended to read as follows:
555.320 1. If the director finds the applicant qualified, and upon the applicants appointing the director agent for service of process and [filing of the bond required by] finding that the applicant has satisfied the requirements of NRS 555.330, the director shall issue a license, for such period as he may by regulation prescribe, to perform custom application of insecticides, fungicides and herbicides within this state.
2. The license may restrict the licensee to the use of a certain type or types of equipment or materials if the director finds that the applicant is qualified to use only such type or types.
3. If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons therefor.
Sec. 4. NRS 555.330 is hereby amended to read as follows:
555.330 1. The director shall require [a reasonable bond, with satisfactory surety, from each licensee, under such rules and regulations as he may prescribe, to secure the performance of contractual obligations of the licensee with respect to custom application of insecticides, fungicides or herbicides.] from each applicant for an operators 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 director may require drift insurance for operators employing economic poisons or other materials declared hazardous or dangerous to humans, livestock or wildlife.
[2.] 3. Any person injured by the breach of any such obligation shall be entitled to sue [on the bond] 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.
________
κ1957 Statutes of Nevada, Page 754κ
Assembly Bill No. 373Messrs. Byrne and Ryan
CHAPTER 395
AN ACT to amend NRS section 612.185 relating to unemployment and defining an unemployed individual for the purposes of the Unemployment Compensation Law.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.185 is hereby amended to read as follows:
612.185 1. An individual shall be deemed unemployed in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work if the remuneration payable to him with respect to such week is less than his weekly benefit amount [.] if he has no dependents or less than his augmented weekly benefit amount if he has dependents.
2. The executive director shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment if individuals attached to their regular jobs, and other forms of short-time work, as the executive director deems necessary.
3. No individual shall be deemed to be unemployed in any week in which he is self-employed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 112Committee on Banks, Banking and Corporations
CHAPTER 396
AN ACT to amend NRS sections 673.080, 673.250, 673.330, 673.400 and 673.430 relating to the formation and organization of building, savings and loan associations, the approval of articles of association or incorporation by the superintendent of banks, the form of and the issuance of licenses, the payment of loans, withdrawals and reports; to amend chapter 673 of NRS relating to building, savings and loan associations by creating new provisions relating to the amendment or alteration of licenses by the superintendent of banks and appeals from such orders to the state board of finance, security for loans, insurance on accounts, rules and regulations of the superintendent of banks, conservatorship by the superintendent of banks and his powers therein; to repeal NRS 673.490 to 673.570, inclusive, relating to conservatorship and liquidation; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.250 is hereby amended to read as follows:
673.250 [1. No such foreign or domestic company, association or corporation shall sell any securities in this state until it has:
[(a) Submitted all forms of securities, contracts and applications therefor to be used in this state to the superintendent of banks and has received approval from him of the forms of contracts to be used and securities to be sold.
κ1957 Statutes of Nevada, Page 755 (CHAPTER 396, SB 112)κ
[(b) Submitted a financial statement to the superintendent of banks.
[(c) Received from the superintendent of banks a license authorizing the sale of such securities.
[2. If a deposit is required by this chapter the superintendent of banks shall not issue a license until he has had exhibited to him a receipt of the state treasurer, and has filed a duplicate thereof in his office, evidencing that the money, bonds or trust certificates as enumerated in NRS 673.130, duly approved by the superintendent of banks if not cash, have been deposited as provided in this chapter.
[3. The superintendent of banks shall not issue a license until and unless he shall have approved the forms of securities and contracts to be sold and has satisfied himself that the financial and moral standing of the company, association or corporation and of its officers is such that it is reasonably probable that it can and will perform its contracts.
[4. The superintendent of banks shall keep on file copies of all licenses issued by him and specimen copies of the contracts or securities authorized and approved by him.]
1. No association shall sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the superintendent of banks a permit authorizing it so to do.
2. Every permit shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the stock permitted to be issued.
3. The superintendent of banks may impose conditions requiring the impoundment of the proceeds from the sale of the stock, limiting the expense in connection with the sale and such other conditions as he may deem reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permit.
Sec. 1.5. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation shall have been approved by the superintendent of banks.
2. No amendment to such articles of any such organization shall be filed by the secretary of state without the written approval thereof by the superintendent of banks.
3. No association shall sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the superintendent of banks a permit authorizing it so to do.
4. The application shall be in writing, be verified and be filed with the superintendent of banks.
5. In the application the association shall set forth:
(a) The names and addresses of its officers.
(b) The location of its office.
(c) An itemized account of its financial condition.
(d) The amount and character of its stock and shares.
(e) A copy of all minutes of any proceedings of its directors, shareholders or stockholders relating to or affecting the issue of such stock.
κ1957 Statutes of Nevada, Page 756 (CHAPTER 396, SB 112)κ
(f) Such additional information concerning the association, its condition and affairs as the superintendent of banks may require.
6. Upon the filing of the application the superintendent of banks shall examine it and the other papers and documents filed therewith. If he finds that the proposed issue will not mislead the public as to the nature of the investment or will not work a fraud upon the purchaser thereof, the superintendent of banks shall issue to the association a permit authorizing it to issue and dispose of its stock in such amounts as the superintendent of banks may in the permit provide; otherwise he shall deny the application and notify the association in writing of his decision.
7. No association shall sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the superintendent of banks a license authorizing it to operate as a building and loan or savings and loan association under the laws of this state, and until it has applied for and secured insurance under the rules and regulations of the Federal Savings and Loan Association Corporation.
Sec. 2. NRS 673.330 is hereby amended to read as follows:
673.330 [A borrower may repay a loan in advance of maturity, at any time after 1 year from the date thereof, by giving 30 days written notice of his intention. For such advance payment no penalty shall be charged which is in excess of the equivalent of 3 months additional interest on the amount so paid at the rate charged during the life of the loan.] Associations shall not charge for the privilege of prepayment in part or in full of any real property loan an amount greater than 180 days interest on the amount prepaid. Initial loan fees shall not be in excess of that amount which, together with the first years interest, will exceed 12 percent of the loan.
Sec. 3. NRS 673.400 is hereby amended to read as follows:
673.400 [No such association, company or corporation shall make any loan to, or allow any unearned withdrawal of cash to be made by, any officer or director of such organization, or make any loan to any firm, company or corporation of which any officer or director of such loaning organization is also an officer or director, without the written consent of the superintendent of banks.] 1. No officer, director or employee of any savings and loan association shall negotiate for or receive a mortgage or deed of trust loan from the association unless the security is residential property occupied or to be occupied when constructed by the officer, director or employee.
2. No loan shall be granted by any association to other persons upon security in which any officer, director or employee of the association has an interest, unless the superintendent of banks first approves the loan.
3. An association shall not make any unsecured loan to a director, officer, or employee of the association, or to any person or firm regularly serving the association in the capacity of attorney at law, except for the alteration, repair or improvement of the home or combination of home and business property owned and occupied by such borrowing director, officer, employee, attorney or firm.
κ1957 Statutes of Nevada, Page 757 (CHAPTER 396, SB 112)κ
Sec. 4. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the superintendent of banks, on or before March 1, a sworn statement in two sections.
2. One section of the annual report shall contain, in such form and detail as the superintendent of banks may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of shares.
(b) A statement of its assets and liabilities at the close of its last fiscal year.
(c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its liability to Nevada investors at the close of its last fiscal year.
(e) Any other facts which the superintendent of banks may require.
This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall [cause it to] be published at least [four] two times in some newspaper [in this state] having a general circulation [therein] in the county in which the association maintains an office. Publication shall be completed on or before May 1, and proof thereof shall be filed in the office of the superintendent of banks.
3. One section of the annual report shall contain such other information as the superintendent of banks may require to be furnished therein. This section need not be published and shall be treated as confidential by the superintendent of banks.
4. At the time of filing of its annual report, every association shall be required to pay to the superintendent of banks for supervision and examination an annual fee of $100, and an annual assessment on its gross assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of gross assets.
Sec. 5. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 et seq. of this act.
Sec. 6. 1. Every association shall maintain a bankers blanket surety bond with a bonding company qualified to do business in this state, for an amount equal to 5 percent of the total assets of the association, covering all officers, employees and agents and all other operating hazards that are normally covered under such a blanket bond. The bond shall insure the association.
2. A true copy of the bond shall be placed in the custody of the superintendent of banks and the original maintained in the office of the association at all times.
3. The bond shall provide that a cancellation thereof, either by the surety company or by the insured, shall not become effective unless and until 10 days notice in writing is first given to the superintendent of banks, or unless he earlier approves the cancellation.
Sec. 7. 1. An association may purchase property for an office building or construct an office building costing not more than an amount equivalent to 60 percent of the then total of the permanent capital stock account and the surplus, reserves and undivided profits; or, if the investment is being made by a mutual association, then not more than 60 percent of the reserves and undivided profits and not more than 5 percent of the total assets, unless the investment has been approved in writing by the superintendent of banks.
κ1957 Statutes of Nevada, Page 758 (CHAPTER 396, SB 112)κ
amount equivalent to 60 percent of the then total of the permanent capital stock account and the surplus, reserves and undivided profits; or, if the investment is being made by a mutual association, then not more than 60 percent of the reserves and undivided profits and not more than 5 percent of the total assets, unless the investment has been approved in writing by the superintendent of banks.
2. Any association may invest any portion of its funds in loans to its borrowing members secured by first lien deeds of trust or mortgages upon improved real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one loan can be made in excess of 2 percent of the total assets of the association.
3. An association may also invest its funds without limit in obligations of the United States or instrumentalities of the Federal Government which are guaranteed as to interest and principal, in bonds which are a direct obligation of the State of Nevada, and subject to the limitation of 3 percent of assets for each of the following, in bonds or warrants which are a direct obligation of any county, city and county, school district or any incorporated city or town which has continuously existed as a lawful corporation for a period of at least 15 years prior to the date thereof and whose bonds have not been in default as to principal or interest for a period of 10 years past, or in other securities which may be approved by the superintendent of banks.
Sec. 8. 1. The total permanent stock subscribed and paid plus the total of the reserves shall not at any time be less than the following percentages of the aggregate certificate value of the outstanding invested capital, excluding permanent stock, standing on the records of the association as of January 1 of the year following the passage and approval of this act and January 1 of each year thereafter:
(a) 3 percent of the first $5,000,000.
(b) 2 percent of $5,000,001 to $7,500,000.
(c) 1 percent on all over $7,500,000 to and including $10,000,000.
2. No dividends shall be declared on permanent stock until the total of the permanent stock, undivided profits and all reserves available for losses is equal to 5 percent of the invested capital, excluding permanent stock.
3. Subject to the provisions of this chapter, permanent stock shall be entitled to the rate of dividend, if earned, fixed by the board of directors.
Sec. 9. 1. If the superintendent of banks, as a result of any examination or from any report made to him, finds that the permanent stock of any association is impaired, he shall notify the association that the impairment exists and shall require the association to make good the impairment within 90 days after the date of the notice.
2. If the amount of the impairment as determined by the superintendent of banks is questioned by the association, then upon application filed within 10 days after the notice from the superintendent of banks that the impairment exists, the association shall have the right to have the value of the assets in question be determined by appraisals made by independent appraisers acceptable to the superintendent and the association.
κ1957 Statutes of Nevada, Page 759 (CHAPTER 396, SB 112)κ
3. The directors of the association upon which the notice has been served shall levy a pro rata assessment upon the permanent stock to make good the impairment. They shall cause notice of the requirement of the superintendent of banks and of the levy to be given in writing to each stockholder of the association, and the amount of assessment which he must pay for the purpose of making good the impairment. In lieu of making the assessment, the impairment may be made good, without the consent of the superintendent of banks, by reduction of the permanent stock in the manner provided in this chapter.
Sec. 10. 1. The apportionment of earnings or payment of interest by declaration of the board of directors shall be made semiannually on June 30 and December 31 of each year, or quarterly on such dates, plus March 31 and September 30 of each year.
2. The percentage rate of the declaration shall be determined by the board of directors as it shall deem expedient for the safety and security of all members and investors; but if such percentage rate is excessive, unjust or inequitable, it shall be subject to disapproval of, and reduction by, the superintendent of banks. However, the association may appeal any disapproval or reduction by the superintendent of banks to the state board of finance.
3. All account holders shall participate equally in dividends or interest prorated to the participation value of their respective accounts and in accordance with the requirements of this section.
4. No association shall be required to pay or credit dividends or interest on accounts of $10 or less.
5. Except as otherwise provided in this chapter, dividends or interest shall be declared on the participation value of each account at the beginning of the dividend period, plus payments thereon made during the dividend or interest period, less amounts withdrawn, which for dividend or interest purposes shall be deducted from the latest previous payments thereon, computed at the dividend rate for the time invested, determined as provided in this section.
6. The date of investment shall be the date of actual receipt by the association, except that the board of directors may fix a date, which shall not be later than the 15th day of the month, for determining the date of investment on which dividends or interest shall be computed. The board of directors may permit investments of $500 or more to receive dividends calculated from the date of actual receipt. The final determination date shall not be later than the 15th day of the month unless it falls on a nonbusiness day.
Sec. 11. No board of directors of a savings and loan association shall knowingly declare to its stockholders a greater dividend than has actually been earned by the association after providing adequate reserves to meet any other contingent liabilities.
Sec. 12. Subject to the limitations set out in this chapter, an association, in the discretion of its board of directors, may make to eligible members loans secured by mortgages or deeds of trust on improved real property pursuant to any of the plans set forth in sections 13 to 20, inclusive.
Sec. 13. An association may make real property loans to eligible members on the direct reduction plan, repayable in monthly installments, equal or unequal, sufficient to retire the debt, interest and principal within 30 years, except that this 30-year limitation shall not apply to loans made by an association which are insured by the Federal Housing Administration, or which are guaranteed under the provisions of the Servicemens Readjustment Act of 1944, as heretofore, now or hereafter in force, or otherwise by the United States or any agency or instrumentality thereof, but the loan contract shall not provide for any subsequent monthly installment of an amount larger than any other previous monthly installment in excess of 50 percent.
κ1957 Statutes of Nevada, Page 760 (CHAPTER 396, SB 112)κ
principal within 30 years, except that this 30-year limitation shall not apply to loans made by an association which are insured by the Federal Housing Administration, or which are guaranteed under the provisions of the Servicemens Readjustment Act of 1944, as heretofore, now or hereafter in force, or otherwise by the United States or any agency or instrumentality thereof, but the loan contract shall not provide for any subsequent monthly installment of an amount larger than any other previous monthly installment in excess of 50 percent. The monthly payments required shall be applied first to advances and interest on the unpaid balance of the debt and the remainder to the reduction of the debt until the same is paid in full.
Sec. 14. Payments on all monthly installment loans, other than construction loans, insured loans and guaranteed loans, shall begin not later than 60 days after the advance of the loan. Insured loans and guaranteed loans may be repayable upon terms acceptable to the insuring or guaranteeing agency. Monthly payments on any construction loans made on this plan shall begin not later than 12 months after the date of the loan or advance.
Sec. 15. An association may make real property loans for the purpose of construction to eligible members on the straight mortgage plan without amortization of principal but with interest payable at least semiannually; but such loans may be made for an amount not in excess of 80 percent of the value and for a term of not more than 1 year.
Sec. 16. In addition to loans on homes and on combination of homes and business property, an association may make loans on other improved real property, on the direct reduction plan, repayable monthly within 20 years, but not in excess of:
1. The maximum percentage acceptable to the insuring agency, if an insured loan; or
2. 75 percent of the value of two-family to six-family residential property; or
3. 60 percent of the value of residential property for more than six families, but for not more than twelve families; or
4. 80 percent of the value of property used primarily for residential purposes if the loan is repayable monthly within a period of 20 years; or
5. 60 percent of the value of real property which is improved by an income producing structure thereon if the loan is repayable monthly within a period of 20 years.
Sec. 17. An association may make loans of the types enumerated in this section on the security of first liens on improved real property only when the resulting aggregate amount of the following investments does not exceed 15 percent of the associations assets:
1. Loans in excess of $30,000, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding $30,000 to each home or combination of home and business property which is part of the security.
2. Loans on improved real property other than homes or combination homes and business property.
3. Loans on improved real property located within the State of Nevada or not more than 100 miles from the home office of the association if an extension of its lending territory has been approved by the Federal Savings and Loan Insurance Corporation, or such loans are protected by insurance as provided in the National Housing Act, or the Servicemens Readjustment Act of 1944, as now or hereafter amended.
κ1957 Statutes of Nevada, Page 761 (CHAPTER 396, SB 112)κ
Nevada or not more than 100 miles from the home office of the association if an extension of its lending territory has been approved by the Federal Savings and Loan Insurance Corporation, or such loans are protected by insurance as provided in the National Housing Act, or the Servicemens Readjustment Act of 1944, as now or hereafter amended.
4. Noninstallment or straight mortgage loans.
Sec. 18. An association may make loans for property alteration, repair or improvement without the security of a lien upon such property if such loans are accepted for insurance under the provisions of the National Housing Act, as now or hereafter amended, or for insurance or guarantee under the provisions of the Servicemens Readjustment Act of 1944, as now or hereafter amended, and if:
1. The net proceeds of any such loan do not exceed $3,500.
2. The property is located in the associations regular lending area.
3. Each such loan is evidenced by one or more negotiable notes, bonds, or other written evidence of debt.
4. The resulting aggregate amount of all such loans does not exceed an amount equal to 15 percent of the associations assets.
In addition to the foregoing, the association may make loans for property alterations, repair or improvements with the security of at least a second deed of trust upon such property if the net proceeds of any such loan do not exceed $3,500.
Sec. 19. An association may invest its funds in the purchase of a loan which complies with all requirements of this act in the making of real property loans.
Sec. 20. An association may invest its funds in the purchase of real property contracts under the following conditions only:
1. That it must acquire the merchantable title to the property covered by such contracts.
2. That the type of property be such as would be eligible for a mortgage or deed of trust loan under this chapter.
3. Before making any such purchase, the property shall be appraised and the purchase approved, as in the case of deed of trust loans, by the board or the executive committee of the association.
Sec. 21. 1. When any savings member, shareholder or investor shall have neither paid in nor withdrawn any funds from his savings account in the association for 7 consecutive years, and his whereabouts is unknown to the association and he has not responded to a letter from the association inquiring as to his whereabouts, sent by regular mail or registered mail to his last-known address, the association may transfer his account to a dormant accounts fund.
2. Any share or certificate account in the dormant accounts fund shall not participate in earnings of an association except by permissive action of the board of directors.
3. The member, or his or its executor, administrator, successor or assign, may claim the amount so transferred from his account to the dormant accounts fund at any time after the transfer.
4. Should the association be placed in liquidation while any savings account shall remain credited in the dormant accounts fund and before any valid claim shall have been made thereto, the savings account so credited, upon order of the superintendent of banks and without any escheat proceedings, shall escheat to the State of Nevada.
κ1957 Statutes of Nevada, Page 762 (CHAPTER 396, SB 112)κ
any valid claim shall have been made thereto, the savings account so credited, upon order of the superintendent of banks and without any escheat proceedings, shall escheat to the State of Nevada.
Sec. 22. Every association shall have on hand at all times in available funds or bank deposits or United States Government Bonds or certificates of insured savings and loan associations or federal home loan evidences of indebtedness or time certificates of federal or state banks or of any indebtedness of any governmental instrumentality a sum not less than 8 percent of the aggregate of share account certificates of members to enable it to pay withdrawals in excess of receipts and to meet accruing expenses.
Sec. 23. 1. No association shall issue or publish, or cause or permit to be issued or published, any advertisement that it is doing or is permitted to do any business which is prohibited by law to an association, or which misrepresents the nature of its shares, stock, investment certificates or the right of investors or depositors in respect thereto.
2. An association may set forth in any of its advertisements any of the purposes for which it is organized.
3. Associations shall not issue, circulate or publish any advertisement after notice in writing from the superintendent of banks that in his opinion the advertisement is unauthorized, false, misleading or likely to deceive the public.
4. An association shall not:
(a) State in any advertisement that it is under state supervision or control.
(b) Include in any advertisement or in any instrument used by it a replica of the great seal of the State of Nevada.
(c) State or imply in any advertisement that funds may be invested with such association at any place other than the principal office or branch of the association.
(d) Use the word deposit or deposits in any form of advertising.
5. No association shall offer or deliver any gift or premium to any investor of an investment certificate or savings member in excess of $2.50.
Sec. 24. 1. The superintendent of banks may, for reasonable cause and upon 15 days notice, amend or alter any license issued by him, but the association may, upon service of such notice, and within 5 days thereafter, appeal the order of the superintendent of banks to the state board of finance. In such case the state board of finance shall set a time certain for hearing the protest of the association, and will give due notice thereof to the association and to the superintendent of banks.
2. Upon a full hearing thereon the state board of finance, after hearing testimony and witnesses of both the superintendent of banks and the association, shall issue an order sustaining or overruling the order of the superintendent of banks.
3. The association may, under the procedure provided for appeals from judgments rendered in civil actions in justices courts, appeal such ruling to the First Judicial District Court of the State of Nevada, in and for the County of Ormsby.
4. Appeals from the decision of the district court to the supreme court shall be as in other civil proceedings under the Nevada Rules of Civil Procedure.
κ1957 Statutes of Nevada, Page 763 (CHAPTER 396, SB 112)κ
court shall be as in other civil proceedings under the Nevada Rules of Civil Procedure.
Sec. 25. 1. Building and loan associations or savings and loan associations presently licensed and operating under the laws of the State of Nevada shall, on or before January 1, 1959, apply to the Federal Savings and Loan Insurance Corporation for insurance on accounts carried with such building and loan associations and savings and loan associations, but should such insurance be denied for any reason the association will diligently attempt to remedy the causes for such denial, and within a period not to exceed 6 months from the date of such denial, again make application for insurance of accounts to the Federal Savings and Loan Insurance Corporation.
2. The denial or refusal to grant such insurance shall not forfeit any rights that an association may now have, or may hereafter acquire, under the laws of this state.
3. Failure to make such application in the time required shall constitute grounds for revocation of such associations license as provided in this chapter.
Sec. 26. 1. The superintendent of banks shall have the power to establish such rules and regulations as may be reasonable or necessary to carry out the purposes and provisions of this act.
2. Such rules and regulations as originally drafted, and as amended from time to time, shall be printed and distributed by the superintendent of banks to all building and loan and savings and loan associations, and shall become effective not earlier than 30 days from the date of issuance, but before such rules and regulations become effective and within such 30-day period any association may appeal to the state board of finance as to the reasonableness and necessity of any of or all of such rules and regulations.
Sec. 27. NRS 673.490 to 673.570, inclusive, are hereby repealed.
Sec. 28. If the superintendent of banks finds as the result of any examination or from any report made to him or to any association doing business in this state or from any report made to any of its investors that the association is violating the provisions of its articles of incorporation, charter, bylaws, or any law of this state, or is conducting its business in an unsafe or injurious manner, he may by an order addressed to such association direct a discontinuance of such violations or unsafe or injurious practices and a conformity with all the requirements of law.
Sec. 29. The superintendent of banks may demand and take possession of the property, business and assets of an association if any of the following occur:
1. The association does not comply with the order given pursuant to section 28, within the time specified therein.
2. It appears to the superintendent of banks that the association is in an unsafe condition or is conducting its business in an unsafe or injurious manner such as to render its further proceeding hazardous to the public or to any or all of its investors.
3. The superintendent of banks finds that the associations assets are impaired to such an extent that, after deducting all liabilities other than to its investors they do not equal or exceed the sum of the value of its outstanding shares and investment certificates and the par value of its outstanding stock.
κ1957 Statutes of Nevada, Page 764 (CHAPTER 396, SB 112)κ
other than to its investors they do not equal or exceed the sum of the value of its outstanding shares and investment certificates and the par value of its outstanding stock.
4. The association refuses to submit its books, papers and accounts to the inspection of the superintendent of banks or any of his examiners, deputies or assistants.
5. Any officer of the association refuses to be examined upon oath concerning the affairs of the association.
Sec. 30. Whenever the superintendent of banks takes possession of an associations property, business and assets pursuant to sections 28 to 39, inclusive, the association may within 30 days after the taking of possession commence an action in the district court of the county in which the principal office of the association is located, to enjoin further proceedings. The court after citing the commissioner to show cause why further proceedings should not be enjoined, hearing the allegations and proofs of the parties, and determining the facts, may upon the merits dismiss such action, or enjoin the superintendent of banks from further proceedings and direct him to surrender the business, property and assets to the association.
Sec. 31. An appeal from a judgment enjoining the superintendent of banks from further proceedings and directing him to surrender the business, property and assets to the association does not operate as a stay of the judgment, unless the trial court in its discretion so orders. If an appeal from the judgment is taken by the superintendent of banks no bond need be given. If the judgment dismisses the action an appeal therefrom does not operate as a stay of the judgment but the court rendering such judgment may, in its discretion enjoin the superintendent of banks pending the appeal, from further proceedings and direct him, pending the appeal, to surrender such business, property and assets to the association, if a bond is given in an amount not less than 10 percent of the cash on hand or on deposit.
Sec. 32. Whenever the superintendent of banks demands possession of the property, business and assets of any association, pursuant to sections 28 to 39, inclusive, the refusal of any officer, agent, employee or director of such association to comply with the demand is a misdemeanor, punishable by a fine of not more than $500, or by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment.
Sec. 33. If the demand of the superintendent of banks for the possession of the property, business and assets is not complied with within 24 hours after service of the demand, the superintendent of banks may call to his assistance the sheriff of the county in which the principal place of business of such association is located, by giving the sheriff written demand. The sheriff shall enforce the demands of the superintendent of banks.
Sec. 34. When the superintendent of banks takes possession of the property, business and assets of any association, the president and secretary of such association shall make a schedule of all its property, assets and collateral held by it as security for loans and make an oath that such schedule sets forth all such property, assets and collateral. The president and secretary shall deliver the schedule, and the possession of all property, assets and collateral not previously delivered to the superintendent of banks.
κ1957 Statutes of Nevada, Page 765 (CHAPTER 396, SB 112)κ
the superintendent of banks. The superintendent of banks may at any time examine under oath any president, secretary, officer, director, agent or employee of the association, to determine whether or not all such property, assets or collateral have been transferred and delivered into his possession.
Sec. 35. The commissioner may issue subpenas and require the attendance of parties for examination.
Sec. 36. When the superintendent of banks takes possession of the business, property and assets of an association, he may appoint a custodian. The superintendent of banks may require a good and sufficient bond from the custodian and place him in charge as his representative.
Sec. 37. When the superintendent of banks takes possession of the property, business and assets of an association, he may collect all money due to such association and give receipt therefor. The superintendent of banks may do such other acts as are necessary or expedient to collect, conserve or protect the associations business, property and assets.
Sec. 38. If the superintendent of banks is in possession of the business, property and assets of an association, whether or not he is liquidating the affairs of such association, the superintendent of banks may:
1. Apply to the district court of the county in this state in which the principal office of the association is located for an order confirming any action taken by the superintendent of banks, or authorizing the superintendent of banks to do any act or execute any instrument not expressly authorized by sections 28 to 39, inclusive. The order shall be given after a hearing on such notice as the court prescribes.
2. Pay and discharge any secured claims against the association. No secured claim shall be paid in an amount larger than the value of the security at the time of payment.
3. Pay administrative or current expenses incurred prior to the taking of possession which are necessary or convenient to the orderly or economic liquidation or preservation of the assets, and pay all wages or salaries, not exceeding $250 per month to any one person, earned within 6 months prior to the taking of possession, whether or not claims for such expenses, wages or salaries have been presented for payment.
4. Disaffirm any executory contracts, including leases, to which the association is a party, and disaffirm any partially executed contracts, including leases, to the extent that they remain executory. The disaffirmance shall be made within 6 months after obtaining knowledge of the existence of the contract or lease.
Sec. 39. Claims for damages resulting from the disaffirmance of an executory contract or lease by the superintendent of banks may be filed and allowed. No claim of a landlord for damages resulting from the disaffirmance of an unexpired lease of real property or under any covenant of such lease shall be allowed in an amount exceeding the rent reserved by the lease, without acceleration, for the year succeeding the date of the surrender of the premises plus the amount of any unpaid accrued rent without acceleration. Any such claim must be filed within 30 days of the date of such disaffirmance.
________
κ1957 Statutes of Nevada, Page 766κ
Senate Bill No. 110Senator Lattin
CHAPTER 397
AN ACT to amend NRS sections 396.600, 561.160, 561.180, 561.190, 561.200 and 561.210 relating to the composition of the public service division of the University of Nevada; the appointment, compensation and qualifications of the executive officer of the state board of stock commissioners; the qualifications, bonds and compensation of the directors of the divisions of animal industry and plant industry in the state department of agriculture; to amend chapter 561 of NRS relating to the state board of stock commissioners by creating a new provision relating to the division of laboratories in the state department of agriculture; to repeal NRS section 561.370 relating to cooperation with the veterinary control service; to repeal NRS sections 396.700 to 396.730, inclusive, relating to the state veterinary control service at the University of Nevada; making an appropriation; and other matters properly relating thereto.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.600 is hereby amended to read as follows:
396.600 The public service division of the University of Nevada shall consist of the following public service departments:
1. State analytical laboratory.
2. Food and drug control.
3. Weights and measures.
4. Agricultural extension.
[5. State veterinary control service.]
[6.] 5. Agricultural experiment station.
Sec. 2. NRS 561.160 is hereby amended to read as follows:
561.160 1. [The] Subject to the provisions of chapter 284 of NRS, the board shall appoint an executive officer, who shall [serve at the pleasure of the board,] be in the classified service, to exercise and enforce all rules and regulations of the board and the provisions of this chapter when the board is not in session. When an emergency demands and the board is not in session, the executive officer may exercise all the powers and functions of the board.
2. No person shall be appointed as executive officer who has not had at least 5 years experience in official agricultural or livestock regulatory work.
Sec. 3. NRS 561.180 is hereby amended to read as follows:
561.180 [1. The executive officer shall receive an annual salary of $1,000.
[2. The board shall fix the compensation of the executive officer and the state quarantine officer and may apportion the same between the stock inspection fund and any other funds provided for the support of the state quarantine officer in such manner as the board deems equitable.]
1. The executive officer shall receive an annual salary which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
2. The board may apportion the salary of the executive officer between the stock inspection fund and any other funds provided for the support of the state quarantine officer in such manner as the board deems equitable.
κ1957 Statutes of Nevada, Page 767 (CHAPTER 397, SB 110)κ
the support of the state quarantine officer in such manner as the board deems equitable.
Sec. 4. NRS 561.190 is hereby amended to read as follows:
561.190 1. The executive officer shall serve as state quarantine officer and shall carry out all the duties of the state quarantine officer as provided by law in addition to those duties covered by the provisions of this chapter.
2. The executive officer may serve as the director of the division of animal industry or as the director of the division of plant industry or as the director of the division of laboratories if properly qualified as required by NRS 561.200 and 561.210 [.] and section 7 of this amendatory act.
Sec. 5. NRS 561.200 is hereby amended to read as follows:
561.200 1. [The] Subject to the provisions of chapter 284 of NRS, the board may appoint a director of the division of animal industry, who shall [serve at the pleasure of the board,] be in the classified service, and who shall be responsible to the executive officer and the board for the efficient and orderly conduct of all the activities of the state department of agriculture looking to the protection and promotion of the livestock industry. The director shall perform such other duties as the board may assign to him.
2. No person shall be appointed as director of the division of animal industry who is not a graduate veterinarian with at least [3] 5 years experience in official livestock disease regulatory and control work.
3. Before entering upon his duties, the director of the division of animal industry shall file a bond as provided by law in the sum of $5,000, conditioned upon the faithful performance of his duties.
4. The director of the division of animal industry shall receive an annual salary [of $7,200.] , which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
Sec. 6. NRS 561.210 is hereby amended to read as follows:
561.210 1. [The] Subject to the provisions of chapter 284 of NRS, the board may appoint a director of the division of plant industry, who shall [serve at the pleasure of the board,] be in the classified service, and who shall be responsible to the executive officer and the board for the efficient and orderly conduct of all the activities of the state department of agriculture looking to the protection and promotion of the agricultural industry, other than livestock.
2. The director shall perform such other duties as the board may assign to him.
3. No person shall be appointed as director of the division of plant industry who has not had at least [3] 5 years experience in official agricultural regulatory work.
4. Before entering upon his duties, the director of the division of plant industry shall file a bond as provided by law in the sum of $5,000, conditioned upon the faithful performance of his duties.
5. The director of the division of plant industry shall receive an annual salary [of $7,200.] , which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
κ1957 Statutes of Nevada, Page 768 (CHAPTER 397, SB 110)κ
Sec. 7. Chapter 561 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created within the state department of agriculture a division of laboratories. The board shall establish and maintain within the division of laboratories a laboratory or laboratories for the diagnosis of infectious, contagious and parasitic diseases of livestock, as defined in NRS 561.030, and which are under the jurisdiction of the board.
2. Subject to the provisions of chapter 284 of NRS, the board may appoint a director of the division of laboratories, who shall be in the classified service, and who shall be responsible to the executive officer and the board for the efficient and orderly operation of the division of laboratories. The director shall perform such other duties as the board may assign to him. Subject to the provisions of chapter 284 of NRS, the board may appoint necessary properly qualified assistants to the director for the proper and efficient operation of the division.
3. No person shall be appointed as director of the division of laboratories who is not a graduate veterinarian with at least 2 years post-graduate experience in general laboratory diagnosis.
4. Before entering upon his duties, the director of the division of laboratories shall file a bond as provided by law in the sum of $5,000, conditioned upon the faithful performance of his duties.
5. The director of the division of laboratories shall receive an annual salary which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
6. The board may:
(a) Authorize the director to conduct laboratory examinations and tests not included within the provisions of subsection 1 and to collect reasonable fees therefor. All fees so collected by the director shall be deposited in the stock inspection fund.
(b) In order to carry out the provisions of this section more efficiently and economically, cooperate, financially or otherwise, with the University of Nevada or any department or agency of the Federal Government or the state government.
Sec. 8. NRS 396.700 to 396.730, inclusive, and NRS 561.370 are hereby repealed.
Sec. 9. All equipment, supplies and records of the state veterinary control service, which was established and maintained pursuant to the provisions of NRS 396.700 to 396.730, inclusive, are hereby transferred to the state department of agriculture for the use and benefit of the division of laboratories created pursuant to the provisions of section 7 of this act.
Sec. 10. For carrying out the provisions of sections 7 and 9 of this act for the biennium commencing July 1, 1957, and ending June 30, 1959, there is hereby appropriated for the use and benefit of the state board of stock commissioners out of any moneys in the state treasury not otherwise appropriated the sum of $57,600.
Sec. 11. This act shall become effective July 1, 1957, but, at any time after its passage and approval, the state board of stock commissioners may enter into necessary agreements and do all things necessary and proper to effect the transfer of the functions, equipment, supplies and records of the state veterinary control service to the state department of agriculture.
κ1957 Statutes of Nevada, Page 769 (CHAPTER 397, SB 110)κ
time after its passage and approval, the state board of stock commissioners may enter into necessary agreements and do all things necessary and proper to effect the transfer of the functions, equipment, supplies and records of the state veterinary control service to the state department of agriculture.
________
Assembly Bill No. 147Messrs. David and Hill
CHAPTER 398
AN ACT to amend NRS section 482.180 relating to the creation, deposits and transfers from the motor vehicle fund; providing that $1 be returned to each county for each registration of a motor vehicle issued in that county.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.
2. Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense which may be properly charged against the department, including the salaries of the clerks employed in the department. All claims for such expenses and salaries shall be certified to the state board of examiners and paid as other claims against the state are paid.
3. In addition to the foregoing, the department will, at the end of the year, certify claims to the state board of examiners in favor of each county of this state to the amount of [75 cents] $1 for each registration issued in that county. The amount shall be placed in the county general road fund by the county treasurer. The county assessor shall certify to the board of county commissioners the total amount of money expended by his office in the issuance of registrations during the past year and the board of county commissioners shall transfer from the county general fund to the county general fund a sum equal to such expenditures.
4. When the foregoing requirements have been met, the state controller shall transfer at the end of each quarter year to the state highway fund any balance in the motor vehicle fund.
________
κ1957 Statutes of Nevada, Page 770κ
Senate Bill No. 217Committee on Finance
CHAPTER 399
AN ACT for the relief of Mrs. Dorothy B. Post and Mrs. Evelyn F. Marriage; directing the payment of moneys for their relief from a hardship fund created from the public employees retirement fund; placing certain limitations on the payments from the hardship fund; and other matters properly relating thereto.
[Approved April 1, 1957]
Whereas, Theodore Post was a professor of music at the University of Nevada on July 1, 1950, when the University of Nevada entered into membership in the Public Employees Retirement System, and at that time Theodore Post had over 22 years of prior service; and
Whereas, The 1953 legislature adopted certain amendments to the Public Employees Retirement Act which would permit a member eligible for retirement or with 25 or more years of service to extend protection to a beneficiary and still remain in employment, and Mr. Post was eligible for maximum retirement on January 5, 1952; and
Whereas, On January 15, 1955, Mr. Post informed the Public Employees Retirement Board of his intention to enter retirement as of July 1, 1955; and on April 15, 1955, Mr. Post filed an application for retirement as of July 1, 1955; and
Whereas, Mr. Post died on April 19, 1955, having at that time in his possession an election form naming Mrs. Dorothy B. Post, his wife, as beneficiary, which form was apparently executed by him just before he died, and which form was discovered in his personal papers and mailed to the Public Employees Retirement Board on April 21, 1955, being received in the office of the board on April 22, 1955; and
Whereas, Following receipt of the election form executed by Mr. Post just before his death the Public Employees Retirement Board rejected such form, stating that at the time Mr. Post had secured the election form the statutes provided that such election could not become effective until 60 days after receipt in the office of the board, and under the 1955 legislation an election could become effective immediately upon receipt in the office of the board; and
Whereas, The Public Employees Retirement Board has tendered only the sum of $1,160 to the widow, Mrs. Dorothy B. Post, the amount contributed by Mr. Post to the retirement system, which amount under the law and the facts of the case for the maintenance and support of the beneficiary is manifestly inequitable and unfair; and
Whereas, Because of the long and faithful years of service rendered to the people of this state and the students at the University of Nevada by Mr. Post, it is proper that some provision be made for assisting his widow during her declining years; and
Whereas, E. C. D. Marriage was employed by Lincoln County and the State of Nevada from January 5, 1925, until his death in August 1950, and he was state librarian at the time of his death; and
Whereas, Mr. Marriage had signified his desire to retire and take advantage of the benefits afforded by the state retirement system; and
Whereas, At the request of the governor he had agreed to continue serving as state librarian for a short time; and
κ1957 Statutes of Nevada, Page 771 (CHAPTER 399, SB 217)κ
Whereas, Had he been allowed to retire at the time he was eligible and desired to do so he could have protected his wife, Mrs. Evelyn F. Marriage; and
Whereas, It seems no more than equitable that the state should provide for the widow of E. C. D. Marriage the protection that he could have afforded to her had he been allowed to retire at the time he desired to do so; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislature hereby determines that the facts set forth in the preamble hereof are sufficient to constitute cases of hardship requiring alleviation thereof. For the biennium commencing July 1, 1957, and ending June 30, 1959, the public employees retirement board is hereby ordered and directed to set aside from any moneys in the public employees retirement fund the sum of $3,600 as a hardship fund to be disbursed by the public employees retirement board for the purposes enumerated in section 2 of this act.
Sec. 2. During the biennium commencing July 1, 1957, and ending June 30, 1959, the public employees retirement board is directed to pay from funds in the hardship fund:
1. The sum of $75 a month to Mrs. Dorothy B. Post of Reno, Nevada.
2. The sum of $75 a month to Mrs. Evelyn F. Marriage of Carson City, Nevada.
Sec. 3. If Mrs. Dorothy B. Post dies or remarries during the biennium commencing July 1, 1957, and ending June 30, 1959, then the payments to her authorized in section 2 of this act shall cease. If Mrs. Evelyn F. Marriage dies or remarries during the biennium commencing July 1, 1957, and ending June 30, 1959, then the payments to her authorized in section 2 of this act shall cease. Any moneys remaining in the hardship fund on June 30, 1959, shall revert to the public employees retirement fund.
________
Senate Bill No. 189Committee on Finance
CHAPTER 400
AN ACT to amend NRS sections 223.050 and 224.050 relating to the salaries of the governor and the lieutenant governor.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 223.050 is hereby amended to read as follows:
223.050 1. The annual salary of the governor shall be $7,600. From and after the expiration of the present term of the governor, his successor and successors in office thereafter shall receive an annual salary of [$15,000.] $18,000.
κ1957 Statutes of Nevada, Page 772 (CHAPTER 400, SB 189)κ
2. From July 1, 1955, until 12 p.m. of the first Monday of January, 1959, the governor, as chairman of the Nevada tax commission, shall receive an annual salary of $7,400, payable from the general fund at the times and in the manner provided by law.
Sec. 2. NRS 224.050 is hereby amended to read as follows:
224.050 1. The annual salary of the lieutenant governor shall be $600. From and after the expiration of the present term of the lieutenant governor, his successor and successors in office thereafter shall receive an annual salary of $2,400.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor shall receive [$15] $25 per day for such times as he may be actually employed as governor or president of the senate, and he shall also [be allowed his actual traveling expenses] receive the per diem allowance and travel expenses as provided by law for state officers and employees when acting as governor, president of the senate, or in the discharge of other official duties as lieutenant governor.
________
Assembly Bill No. 302Messrs. Ryan, Byrne, Godbey, Miss Herr, Messrs. Franklin and Leavitt
CHAPTER 401
AN ACT to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding thereto seven new sections to be designated as sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6 and 5.7, which shall immediately follow section 5 and shall read as follows:
Section 5.1. 1. Notwithstanding any other provision of this act, the terms of office of all directors of the district shall expire on the 1st Monday of January following the general election in 1958.
2. At the general election in 1958, seven directors shall be elected at large within the district, one from each division thereof. Three of such directors shall be elected for terms of 2 years and four for terms of 4 years.
κ1957 Statutes of Nevada, Page 773 (CHAPTER 401, AB 302)κ
3. Thereafter, at each general election, the offices of directors of the district shall be filled for terms of 4 years in the order in which the terms of office expire.
Section 5.2. At least 6 months prior to the general election in 1958, and as necessary thereafter, the board of county commissioners of Clark County shall, after consultation with the board of directors of the district, redefine the boundaries of all election precincts in Clark County in such manner that all such election precincts lie entirely within or outside of the boundaries of the district.
Section 5.3. Notwithstanding any other provision of this act, any person residing in the district and who is qualified to vote in accordance with chapter 292 of NRS shall be deemed a qualified elector of the district and shall be entitled to vote at any election held pursuant to the provisions of this act.
Section 5.4. 1. A candidate for the office of director of the district shall be a qualified elector and resident real property owner of the division of the district from which he seeks election.
2. Nominations for the office of director shall be made by filing a declaration with the secretary not later than 30 days prior to the holding of the primary election in any general election year, and shall be accompanied by a filing fee of $25.
3. Immediately following the holding of the primary election, the secretary shall certify to the county clerk of Clark County the names of all candidates for office of director and the number of the division from which each seeks election, together with a statement of any matters or propositions to be voted upon at such election.
4. If there are no contests for office and no matters or propositions to be voted upon at any such general election, no district election shall be held and the duly qualified candidates shall be deemed elected as of the date of such general election. Thereupon, the board of directors shall declare on its records such candidates to have been elected.
Section 5.5. 1. Directors shall be elected and propositions or other matters shall be voted upon as nearly as possible as provided in chapters 296, 300 and 303 of NRS.
2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for directors and for and against any proposition or matter and shall immediately transmit the abstracts to the board of directors of the district. Upon receipt of the abstracts of votes cast for directors, the board of directors shall:
(a) Meet forthwith.
(b) Examine the abstracts.
(c) Declare the results of the election.
(d) Order the secretary to issue election certificates to the candidates elected.
Section 5.6. The cost of holding any election pursuant to this act shall be borne by the district.
Section 5.7. Each director shall:
1. Enter upon the duties of his office on the first Monday in January next following his election.
2. Hold office until his successor is elected and qualified.
κ1957 Statutes of Nevada, Page 774 (CHAPTER 401, AB 302)κ
3. Take and subscribe to an official oath and file the same with the secretary of the board of directors.
4. Execute an official bond in the sum of $10,000, which shall be approved by a judge of the district court in and for Clark County. Such bonds shall be recorded in the office of the county recorder and filed with the secretary of the board of directors. The costs of such bonds and the recording thereof shall be paid by the district.
Sec. 2. Sections 5, 6 and 7 of the above-entitled act, and sections 6a, 6b, 6c, 6d, 6e, 6f, 6g, 6h and 6i of the above-entitled act, as added by chapter 425, Statutes of Nevada 1955, at pages 875 to 877, are hereby repealed.
Sec. 3. Section 8 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended to read as follows:
Section 8. The officers of such district shall consist of seven directors as aforesaid, a president and a vice president, elected from their number, a secretary, and treasurer. The board may appoint an assistant secretary who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of said board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The board may also appoint an engineer and manager and such other assistants as may be necessary. The directors immediately upon their election and qualification shall meet and organize. The board of directors shall designate some place within the county as the office of the board, and the board shall hold a regular monthly meeting in this office on such day of the month as that fixed upon by resolution duly entered upon the minutes. All meetings of the board shall be public, and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours. On the first Monday in [May] January next following their election, the board of directors shall meet and organize, and elect a president and vice president, and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which shall be approved by the board for the faithful performance of their duties. Any vacancies in the office of director shall be filled from the division in which the vacancy occurs by the remaining members of the board. In cases where a vacancy occurs in the office of director, and the remaining directors, at the next regular monthly meeting of the board of directors following such vacancy, so not by a majority vote of such remaining directors appoint a successor to fill such a vacancy, then the president of the board of directors shall fill such vacancy by appointment, and in the event of the vacancy occurring in the office of the director who is president of the board, then the vice president shall fill the vacancy by appointment. A director appointed to fill a vacancy, as above provided, shall hold his office until the next biennial election, and until his successor is elected and qualified.
κ1957 Statutes of Nevada, Page 775 (CHAPTER 401, AB 302)κ
hold his office until the next biennial election, and until his successor is elected and qualified.
Sec. 4. Section 16 of the above-entitled act, as last amended by chapter 307, Statutes of Nevada 1951, at page 480, is hereby amended to read as follows:
Section 16. Whenever the district proposes to issue its negotiable bonds to obtain funds for the accomplishment of any of its corporate purposes, the board shall by resolution, determine the amount of money necessary to be raised to accomplish such purposes, and shall immediately thereafter submit its proposal for a bond issue of such amount at a general election or at a special election of the district, called for that purpose, to the electors of the district possessing the qualifications prescribed by this act.
The board of directors shall fix a date for such election which will allow sufficient time for the electors of the district to register to vote pursuant to chapter 292 of NRS and for the county clerk to perform the duties required of him by chapter 292 of NRS.
The board of directors shall immediately transmit certified copies of the resolution to the county clerk and to the board of county commissioners of Clark County.
If the resolution designates the election as a special election, the board of county commissioners may, for the purposes of the election, divide the district into special election or consolidated election precincts by consolidating existing precincts, or otherwise, and may change and alter the precincts for such elections, as often as occasion requires. The board of county commissioners shall immediately give written notice of any such action to the secretary of the board of directors, who shall thereupon give notice of such special election in the manner provided in section 16a.
Sec. 5. The above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding thereto seven new sections, to be designated as sections 16.1, 16.2, 16.3, 16.4, 16.5, 16.6 and 16.7, respectively, which shall immediately follow section 16a and shall read as follows:
Section 16.1. 1. All district bond elections shall be conducted as nearly as practicable in the manner provided in chapter 296 of NRS. Any such election may be consolidated with a general election.
2. Upon receipt of the certified copies of the resolution of the board of directors as provided in section 16, the board of county commissioners and the county clerk shall perform the duties required by law for holding elections in the several counties, and the election shall be conducted as nearly as practicable in all respects as if it were a county election.
Section 16.2. 1. The county clerk shall provide printed ballots for the use of the voters entitled to vote at any district bond election. Two sets of ballots shall be provided. One set shall be printed on white paper and the other set shall be printed on colored paper.
2. There shall be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A brief statement of the proposition, setting forth the maximum amount of the bonds to be voted upon, the maximum rate of interest and the purposes for which the proceeds of the sale of the bonds are to be used.
κ1957 Statutes of Nevada, Page 776 (CHAPTER 401, AB 302)κ
and the purposes for which the proceeds of the sale of the bonds are to be used. No defect in the statement other than in the statement of the maximum amount of the bonds to be authorized shall invalidate the bonds.
(c) The words Bonds-Yes and Bonds-No, or words similar import.
Section 16.3. 1. The board of county commissioners shall furnish one ballot box at each voting place within the district.
2. Ballots of both colors voted at a district bond election shall be deposited in the ballot box so provided, and no other ballots shall be deposited therein.
Section 16.4. 1. Every qualified elector of the district, as defined in section 5.3, shall be entitled to vote at any district bond election.
2. If a qualified elector is the owner of or the spouse of the owner of real property in the district, assessed on the assessment roll of the county, he shall, after making the required affidavit, be furnished, by an election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted, shall be deposited in the ballot box.
Before any person shall be allowed to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the officers of the election, any of whom is authorized to take the same, an affidavit, showing that he is the owner or the spouse of the owner of real property so assessed in the district.
3. If a qualified elector is not the owner of or the spouse of the owner of real property in the district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4. The provisions of chapter 300 of NRS shall apply to all district bond elections except:
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the district.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by mail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the district, the county clerk shall enclose with the official absent voters ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the district.
(c) The county clerk shall enclose with the official absent voters ballot and the form of affidavit, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
κ1957 Statutes of Nevada, Page 777 (CHAPTER 401, AB 302)κ
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 district, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed affidavit of the voter showing that he is the owner of or the spouse of the owner of real property in the district, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed affidavit shall be rejected by the election board.
Section 16.5. Notwithstanding any other provision of this act, at any district bond election ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in chapter 303 of NRS.
Section 16.6. 1. Immediately after the closing of the polls, the election officers shall proceed to canvass the ballots in the ballot box.
2. Separate and distinct records shall be made of the canvass of the ballots. The results disclosed by the canvass of the ballots of different colors shall be certified separately by the election officers to the board of directors of the district.
3. As soon as practicable after all returns are received, the board of directors of the district shall meet and publicly canvass the returns.
Section 16.7. 1. If a majority of the ballots cast of each color is in favor of the issuance of the bonds, the proposal to issue them shall have been carried, and the board of directors, after causing an entry of that fact to be made upon its minutes, shall be authorized to issue such bonds in accordance with the provisions of this act.
2. If the majority of the ballots of either color is against the issuance of the bonds, the proposal to issue them shall have failed and the board of directors shall proceed no further with the issue or sale of the bonds. Failure of any proposal to issue bonds shall not preclude the board of directors from proposing any future bond issue or from calling any election for such proposes.
Sec. 6. Section 16b of the above-entitled act, being chapter 167, Statutes of Nevada 1947, is hereby repealed.
________
κ1957 Statutes of Nevada, Page 778κ
Assembly Bill No. 402Clark County Delegation
CHAPTER 402
AN ACT to amend an act entitled An act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 1947, as amended.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being chapter 167, Statutes of Nevada 1947, as last amended by chapter 307, Statute of Nevada 1951, at page 484, is hereby amended to read as follows:
Section 19. This act shall in itself constitute complete authority for doing of the things herein authorized to be done. The provisions of no other law, either general or local, except as provided in this act, shall apply to doing of the things herein authorized to be done, and no board, agency, bureau or official, other than the governing body of the district, shall have any authority or jurisdiction over the doing of any of the acts herein authorized to be done nor shall any proceedings, [nor] publication, or notice of election be required for the doing of such acts except as herein specifically required [.] ; provided, however, when any areas of the district lie within the boundaries of any incorporated city or town, the district shall comply with all laws and ordinances of said incorporated city or town within the corporate limits of such municipal coroporation covering fire codes, building codes, electrical codes, plumbing codes; provided, however, the said district shall have the right to make its own installations, and shall comply with planning and zoning ordinances except as to the construction of wells, reservoirs, pump stations, substations and other facilities used for the production, storage and distribution of water in the area embraced within the now existing well field in the following described parcel of land, being portions of Sections 29, 30, 31 and 32, T. 20 S., R. 61 E., M.D.B. & M., more particularly described as follows:
Commencing at the intersection of the northerly boundary line of West Charleston Boulevard with the westerly boundary line of E 1/2 of E 1/2 of Section 31; thence northerly along the westerly boundary of the E 1/2 of E 1/2 of Section 31 and the westerly boundary line of the E 1/2 of the E 1/2 of Section 30 to a point distant southerly along said boundary line 400 feet from the northerly boundary line of the S 1/2 of S 1/2 of Section 30; thence easterly parallel to and distant 400 feet from the northerly boundary line of the S 1/2 of the S 1/2 of Section 30 and the northerly boundary line of the S 1/2 of the S 1/2 of Section 29 to a point distant 400 feet southerly parallel to westerly boundary line of Section 29 from a point in the northerly boundary line of the S 1/2 of the S 1/2 of Section 29 distant along said northerly boundary 2300 feet from the northeast corner of the S 1/2 of SW 1/4 of Section 29; thence south 400 feet parallel to the west line of said Section 29; thence easterly in a direct line to a point on the north-south center line of said Section 29 distant south thereon 700 feet southerly from the northeast corner of said S 1/2 of the SW 1/4 of said Section 29; thence south along said north-south center line to the south line of said Section 29; thence continuing southerly 300 feet to a point; thence westerly 1400 feet parallel to the northerly line of Section 32 to a point; thence southwesterly in a direct line to a point in the westerly boundary line of said Section 32 distant northerly along said boundary line 550 feet from the southwest corner of the NW 1/2 of said Section 32; thence southerly along the westerly boundary line of said Section 32 to its intersection with the northerly boundary line of West Charleston Boulevard; thence along the northerly boundary line of West Charleston Boulevard to the point of commencement;
κ1957 Statutes of Nevada, Page 779 (CHAPTER 402, AB 402)κ
of S 1/2 of Section 30; thence easterly parallel to and distant 400 feet from the northerly boundary line of the S 1/2 of the S 1/2 of Section 30 and the northerly boundary line of the S 1/2 of the S 1/2 of Section 29 to a point distant 400 feet southerly parallel to westerly boundary line of Section 29 from a point in the northerly boundary line of the S 1/2 of the S 1/2 of Section 29 distant along said northerly boundary 2300 feet from the northeast corner of the S 1/2 of SW 1/4 of Section 29; thence south 400 feet parallel to the west line of said Section 29; thence easterly in a direct line to a point on the north-south center line of said Section 29 distant south thereon 700 feet southerly from the northeast corner of said S 1/2 of the SW 1/4 of said Section 29; thence south along said north-south center line to the south line of said Section 29; thence continuing southerly 300 feet to a point; thence westerly 1400 feet parallel to the northerly line of Section 32 to a point; thence southwesterly in a direct line to a point in the westerly boundary line of said Section 32 distant northerly along said boundary line 550 feet from the southwest corner of the NW 1/2 of said Section 32; thence southerly along the westerly boundary line of said Section 32 to its intersection with the northerly boundary line of West Charleston Boulevard; thence along the northerly boundary line of West Charleston Boulevard to the point of commencement;
provided further that the said district shall have the right to enlarge, maintain, repair and reconstruct present existing facilities now located on properties now owned by said district. There is hereby granted to said district the right to own and operate its water distribution system within the boundaries of any municipal corporation lying wholly or partly within the boundaries of the district, and no franchise tax shall be payable for such privilege, but it shall be the duty of the district to install and operate its properties and facilities within the boundaries of such municipal corporation in such manner as to cause a minimum of inconvenience, and it shall further be the duty of the district, where such facilities are installed in the public streets and alleys of any such municipal corporation, to restore the surface of such streets and alleys within a reasonable time to as good condition as they were in prior to such installation. The district shall notify said municipality prior to the opening and restoring of the original condition of any public street or alley in such municipal corporation. Since the water district, for the creation of which provision is herein made, is created for the purpose of supplying its inhabitants with water as a public and municipal function, all property of the district shall be exempt from taxes by the State of Nevada and the political subdivision thereof. and the bonds issued by the district and the income therefrom shall also be exempt from taxation in this state.
Said district and the Colorado river commission are hereby authorized to enter into such leases and agreements with each other for short or long terms as may be considered mutually desirable in order to carry out the purposes of this act, and any such agreement or agreements may specifically, but without limitation, grant to said district the right to take from the Colorado river all water not heretofore otherwise appropriated to which the State of Nevada may be entitled and to purchase from the Colorado river commission all or any part of the water of the Colorado river which is under the jurisdiction of said commission and which has not heretofore been allocated to or appropriated by other users.
κ1957 Statutes of Nevada, Page 780 (CHAPTER 402, AB 402)κ
entitled and to purchase from the Colorado river commission all or any part of the water of the Colorado river which is under the jurisdiction of said commission and which has not heretofore been allocated to or appropriated by other users.
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Assembly Bill No. 310Committee on Judiciary
CHAPTER 403
AN ACT to amend NRS section 450.430 relating to equal privileges for practitioners in public hospitals and the rights of patients.
[Approved April 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.430 is hereby amended to read as follows:
450.430 1. In the management of the public hospital, no discrimination shall be made against practitioners of any regular school of medicine and surgery recognized by the laws of Nevada, and all such regular practitioners shall have equal privileges in treating patients in the hospital [.] in accordance with their training and ability.
2. The patient shall have the right to employ, at his own expense, his own physician, if such physician is a member of the hospital staff, or nurse, and when acting for any patient in such hospital the physician employed by such patient shall have the exclusive charge of the care and treatment of such patient; and nurses therein shall as to such patient be subject to the directions of such physician, subject always to such general rules and regulations as shall be established by the board of hospital trustees under the provisions of this chapter.
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Assembly Bill No. 483Miss Frazier
CHAPTER 404
AN ACT to amend chapter 396 of NRS relating to the University of Nevada by creating a new provision relating to the University of Nevada Alumni Association, making an appropriation for the University of Nevada Alumni Association; and other matters properly relating thereto.
[Approved April 2, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The University of Nevada Alumni Association is hereby declared to be an official agency of the State of Nevada, which shall be under the supervision of the board of regents. The association shall organize the former students of the University of Nevada and encourage their support of the university and its various functions and activities.
κ1957 Statutes of Nevada, Page 781 (CHAPTER 404, AB 483)κ
Sec. 2. For the biennium commencing July 1, 1957, and ending June 30, 1959, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $15,000 for the support of the University of Nevada Alumni Association. In accordance with the provisions of NRS 396.380, the board of regents of the University of Nevada shall control the expenditure of the moneys herein appropriated.
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Assembly Bill No. 458Committee on Ways and Means
CHAPTER 405
AN ACT to amend chapter 426 of NRS relating to benefits and privileges for blind persons by creating the position of field worker for the blind in the state department of welfare; defining the duties thereof; specifying the qualifications of the field worker; and providing an appropriation therefor by creating new provisions relating to the vocational rehabilitation of the blind; defining certain words and terms; providing a bureau to be created within the state welfare department; providing administration procedure; providing appellate procedure; providing an appropriation; and other matters properly relating thereto.
[Approved April 2, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. As used in sections 2 to 12, inclusive, unless the context otherwise requires:
1. Blind persons means any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and shall include any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. Bureau means the state bureau of vocational rehabilitation for the blind.
3. Department means the state welfare department.
Sec. 3. 1. There is hereby created within the department a position of field worker for the blind who shall assist blind persons in achieving physical and psychological orientation, inform blind persons of available service, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.
2. Preference shall be given to qualified blind persons in filling the position of field worker for the blind.
Sec. 4. 1. The purposes of the provisions of sections 2 to 12, inclusive, are:
(a) To enlarge the opportunities of blind persons to obtain education, vocational training and employment; and
κ1957 Statutes of Nevada, Page 782 (CHAPTER 405, AB 458)κ
(b) To enable, assist and encourage blind individuals in their efforts to become more self-supporting.
2. The provisions of sections 2 to 12, inclusive, shall be liberally construed to effect their objects and purposes.
Sec. 5. 1. There is hereby created within the department a bureau of vocational rehabilitation for the blind, which shall be the sole agency in the state responsible for the rehabilitation of the blind.
2. The bureau shall be headed by a chief, who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of chief of the bureau. The duties of such bureau shall be confined to carrying out the provisions of sections 4 to 12, inclusive.
3. The bureau shall not be made a part of any other division or subdivision of the department, and the chief of the bureau for the vocational rehabilitation of the blind shall be directly responsible to the director of the department.
4. All personnel appointed by the department to administer the provisions of sections 2 to 12, inclusive, shall receive salaries which shall be fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS, and they shall receive subsistence and travel expense as provided by law.
Sec. 6. 1. Subject to the approval of the department, the bureau shall have the power to make administrative rules and regulations to enforce the provisions of sections 4 to 12, inclusive, which rules and regulations shall not conflict with the provisions of sections 4 to 12, inclusive.
2. Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.
Sec. 7. 1. All employees of the bureau shall be directly responsible to the chief of the bureau.
2. Such employees shall consist of persons skilled in assisting blind persons to achieve social and economic independence.
Sec. 8. The bureau shall provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting.
Sec. 9. The bureau is hereby designated as the licensing agency for the purposes of 20 U.S.C.A., § 107 (a-f), and acts amendatory thereto.
Sec. 10. No blind person 16 years of age or older, who may benefit from services authorized under sections 2 to 12, inclusive, shall be denied such services except the services for which a determination of economic need is required by the Federal Government as a condition of reimbursement to this state.
Sec. 11. 1. If any applicant for or recipient of vocational rehabilitation for the blind is dissatisfied with any action taken by, or failure to act on the part of, the bureau of the department in respect to his case, he shall have the right of appeal to the department and the right to be represented in such appeal by his counsel or agent.
2. The department shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
κ1957 Statutes of Nevada, Page 783 (CHAPTER 405, AB 458)κ
of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by any decision of the department in respect to his case he shall have the right to appeal such decision to the district court having jurisdiction in the place of his residence, and the district court shall have jurisdiction to review his case with respect to all matter of fact and of law.
Sec. 12. Costs of administration of sections 2 to 12, inclusive, shall be paid out on claims presented by the department in the same manner as other claims against the state are paid.
Sec. 13. For the purposes of carrying out the provisions of section 3, for the biennium commencing July 1, 1957, and ending June 30, 1959, there is hereby appropriated from any moneys in the general fund in the state treasury not otherwise appropriated the sum of $15,423.
Sec. 14. For the purposes of carrying out the provisions of sections 4 to 12, inclusive, for the biennium commencing July 1, 1957, and ending June 30, 1959, there is hereby appropriated from any moneys in the general fund in the state treasury not otherwise appropriated the sum of $9,000.
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Assembly Bill No. 162Mr. Giomi
CHAPTER 406
AN ACT to amend NRS sections 463.320 and 463.380 relating to the collection and disposition of state gaming license fees and the amounts of annual state gaming license fees based on the number of games operated.
[Becomes law without Governors approval]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.380 is hereby amended to read as follows:
463.380 1. In addition to the state gambling license fees provided for in NRS 463.370, the Nevada tax commission shall, prior to the 10th day of January of every year, before issuing a state gambling license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
Those establishments operating or to operate one game, the sum of $100.
Those establishments operating or to operate two games, the sum of $200.
Those establishments operating or to operate three games, the sum of [$600.] $400.
Those establishments operating or to operate four games, the sum of $750.
Those establishments operating or to operate five games, the sum of $1,750.
Those establishments operating or to operate six or seven games, the sum of $3,000.
κ1957 Statutes of Nevada, Page 784 (CHAPTER 406, AB 162)κ
Those establishments operating or to operate eight to ten games, inclusive, the sum of $6,000.
Those establishments operating or to operate [more than ten] eleven to sixteen games, the sum of $1,000 for each game so operating or to operate.
Those establishments operating or to operate more than sixteen games, the sum of $1,000 for each game to and including sixteen games and the sum of $200 for each game in excess of sixteen games so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant under this section, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under NRS 465.010, shall be construed as and deemed a game within the meaning of this section.
3. All licenses shall be issued for the calendar years beginning January 1 and expiring December 31 and, regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees. If any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines, when not utilized as an adjunct to or a unit of any banking, percentage or mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
6. The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
Sec. 2. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370 to 463.390, inclusive, and all acts amendatory thereof or supplemental thereto shall be collected and disposed of as herein provided.
2. All state gaming license fees and penalties shall be collected by the Nevada tax commission and paid over immediately to the state treasurer [for credit to the general fund.] to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 collected after the effective date of this amendatory act shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers for deposit in the general funds of the counties.
κ1957 Statutes of Nevada, Page 785 (CHAPTER 406, AB 162)κ
after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers for deposit in the general funds of the counties. If any future action of the legislature results in an increase in the state gaming license fees provided for in NRS 463.380, then the provisions of this paragraph shall become inoperative and all such state gaming license fees shall be disposed of as provided in paragraph (a).
3. (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with NRS 463.010 to 463.360, inclusive, take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On the 1st Monday of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under NRS 463.010 to 463.360, inclusive, shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 3. This act shall become effective upon passage and approval.
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