[Rev. 3/1/2019 5:00:13 PM]
κ1949 Statutes of Nevada, Page 227 (CHAPTER 132, AB 346)κ
compensation during the period of his suspension and pending such hearing and reinstatement. In any such hearing conducted by the board of civil service trustees the said board shall have the power to examine witnesses under oath and compel their attendance or production of evidence before it by subpenas issued in the name of the state and attested by the city clerk.
The city manager of Las Vegas shall appoint a personnel clerk whose duty it shall be to act in the capacity of a secretary and clerk to the board of civil service trustees. He or she shall be the custodian of all personnel records and shall be the official upon or with whom all notices, requests for hearings, complaints and other official documents shall be served or filed.
Such personnel clerk shall establish and maintain in card index form, a roster of officers and employees in the civil service. He shall also prepare a record of the length of service of such employee in the department, together with a concise statement of all duties performed by said employee, the salary being paid, and the hours of work of said employee.
To the end that no undue hardship may be worked upon any officer or employee of said departments who shall have attained a certain grade, rank or position as a result of continuous service, all officers and employees who have been in the employ of the departments for more than six months immediately prior to the adoption of this act shall be credited by the board of civil service trustees with a qualified mark, both mental and physical, and entrance to the civil service of the city, and to the position, grade or rank held by such officer and employees at the time of the adoption of this act.
The commission may by ordinance adopt such further rules and regulations recommended by the trustees not in conflict herewith as may be necessary for the complete and efficient operation of said civil service department.
Sec. 8. Section 6 of chapter II of the above-entitled act, as amended by chapter 155, Statutes of Nevada 1939, is hereby amended as follows:
Section 6. Officers, Elective-Qualifications of. The mayor, each of the four commissioners, the city clerk, the city attorney, and the judge of the municipal court shall not be less than twenty-five (25) years of age, citizens of the United States, and qualified voters of Clark County for at least two years immediately preceding the year in which said election is held. [The mayor, each of the four commissioners, each of the four civil service trustees, the city clerk, the city attorney, and the judge of the municipal court shall not be less than 25 years of age, citizens of the United States and qualified voters of said city who are property owners and taxpayers on real estate or personal property, situate in the city of Las Vegas, county of Clark, State of Nevada, as shown on the assessment rolls of said city of Las Vegas, county of Clark, State of Nevada, on file in the office of the county assessor and ex officio city assessor of the county of Clark, State of Nevada, for at least two years immediately preceding the year in which said election is held.] No incumbent commissioner shall be eligible for nomination or election to the office of mayor, but nothing herein contained shall be construed so as to prevent any commissioner from first resigning his office of commissioner and then becoming a candidate for the office of mayor.
κ1949 Statutes of Nevada, Page 228 (CHAPTER 132, AB 346)κ
or election to the office of mayor, but nothing herein contained shall be construed so as to prevent any commissioner from first resigning his office of commissioner and then becoming a candidate for the office of mayor. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in June of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.
Sec. 9. Section 6 1/2 of chapter II of the above-entitled act, as adopted by chapter 50, Statutes of Nevada 1945, is hereby repealed.
Sec. 10. Section 9 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 9. Officers, Elective-Bonds of-Approval by [chairman] Board of [county] Commissioners. All officers elected by popular vote, before entering upon the duties of their respective offices, shall give bond in the sum of one thousand dollars ($1,000), payable to the city of Las Vegas, Clark County, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties, [to be approved by] and shall be subject to the approval of the [chairman of the] board of [county] commissioners of [Clark County, Nevada.] the city of Las Vegas.
Sec. 11. Section 10 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby further amended to read as follows:
Section 10. Mayor, Commissioners, [and] Clerk, Civil Service Trustees and Municipal Judge-Salary of. From and after the first Monday of June [1943] 1949 the elected city officials of the city of Las Vegas shall receive the following salaries and compensations: The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of fifteen hundred dollars ($1,500) per annum; each of the [city] commissioners shall receive the sum of twelve hundred dollars ($1,200) per annum; the city clerk shall receive the sum of [three thousand six hundred dollars ($3,600)] four thousand two hundred dollars ($4,200) per annum; the city attorney shall receive the sum of [three thousand six hundred dollars ($3,600)] four thousand two hundred dollars ($4,200) per annum; the judge of the municipal court shall receive the sum of [eighteen hundred dollars ($1,800)] two thousand four hundred dollars ($2,400) per annum [,] : which shall be full compensation for all services rendered said city. [of Las Vegas. All salaries named in this section shall be payable in equal monthly installments.]
Sec. 12. Section 14 of chapter II of the above-entitled act, as amended by chapter 155, Statutes of Nevada 1939, is hereby further amended to read as follows:
Section 14. Vacancy in Office-Resignation-Election of Successors. Resignation by the mayor or any commissioner, the city clerk, the city attorney, or judge of the municipal court, elected under this act, shall be made in writing to the board of commissioners for their action thereupon.
κ1949 Statutes of Nevada, Page 229 (CHAPTER 132, AB 346)κ
act, shall be made in writing to the board of commissioners for their action thereupon. In case of the removal of the domiciles of the mayor or any commissioner, the city clerk, the city attorney, or the judge of the municipal court, or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in said office. In case of any vacancy from any cause in the office of mayor or any commissioner, or the judge of the municipal court, [and] the same shall be filled for the unexpired term by a majority vote of the [members, or] remaining members [,] of the board of commissioners, although less than a quorum, who are present at a regular meeting [.] , or special meeting called for that purpose.
Sec. 13. Section 16 1/2 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 16 1/2. The [Board of City Commissioners to Create] City Manager-Powers and Duties. The city manager shall be appointed by the board of [city] commissioners, and shall receive such compensation as may be fixed by said board. The city manager shall, before entering upon the duties of his office, furnish a good and sufficient bond, [conditional for] conditioned upon the faithful discharge of the duties of his office, in an amount specified by the board of commissioners, [said bond to be approved by] subject to the approval of said board. [of commissioners.]
The city manager shall be the chief administrative officer and the head of the administrative branch of the city government. He shall be responsible to the [council] board of commissioners for the proper administration of all affairs of the city and to that end, subject to the personnel provisions of this [charter] act, he shall have power and shall be required to:
Appoint, and when necessary for the good of the [service] city government, remove all appointive officers and employees of the city except as otherwise provided by this [charter] act and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office; provided, however, that both appointment and removal of the [chief of police, fire chief, controller, and city engineer] appointive officers [are] shall be subject to ratification and approval by the board of commissioners.
Except as otherwise provided by [the charter] this act or by ordinance, the duties of all appointive officers [, department heads] and employees shall be prescribed by the city manager.
Prepare the budget annually and submit it to the board of [city] commissioners for approval, and be responsible for its administration after adoption.
Prepare and submit to the board of [city] commissioners as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year.
Keep the board of commissioners advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable.
κ1949 Statutes of Nevada, Page 230 (CHAPTER 132, AB 346)κ
Perform such other duties as may be prescribed by this [charter] act or required of him by the board of [city] commissioners, not inconsistent with this [charter] act.
The manager shall be chosen on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city. No member of the board of commissioners shall, during the term for which he was elected, or for one year thereafter, be eligible to hold the position of manager. The city manager shall be appointed for an indefinite term, but may be removed at the pleasure of the board of city commissioners. Before removing the city manager from office the board of commissioners shall grant the city manager a hearing, but the action of the board of commissioners shall be final and conclusive, it being the intention of this act to vest all authority, and fix all responsibility for such removal, in the board of commissioners. Whenever the office of city manager shall become vacant, the affairs of the city shall be administered by the board of commissioners until the office has again been filled.
Sec. 14. Section 17 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 17. Mayor-Powers and Duties. The mayor shall be the chief executive officer of the city of Las Vegas, and shall see that all the laws thereof are enforced. [;] He shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of or in concert with the board of commissioners, as are conferred by the provisions of this act, as may be conferred upon him by the board of commissioners, and not inconsistent with the general purpose and provisions of this charter, and shall have the power to administer oaths, and shall sign all contracts and shall have the right and authority at any time to suspend any elective officers [or employee] of the city subject to the provisions of this act; provided, however, proceedings for the removal of any officer above named shall be instituted in accordance with the general laws of the State of Nevada.
Sec. 15. Section 18 of chapter II of the above-entitled act, as amended by chapter 50, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 18. Claims, [and] Accounts and Demands-Filing Notice of-Warrants, How Issued-Financial Statements-Publication of. The city manager shall audit all accounts or claims against the city, but before payment all accounts shall be approved by the board of commissioners, and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board, and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the city comptroller in books secured for that purpose, and the board of commissioners shall cause to be published, in some newspaper published in the city of Las Vegas, once each month, the amounts of all bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made.
κ1949 Statutes of Nevada, Page 231 (CHAPTER 132, AB 346)κ
city comptroller in books secured for that purpose, and the board of commissioners shall cause to be published, in some newspaper published in the city of Las Vegas, once each month, the amounts of all bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made. Said board of commissioners shall require a statement to be published, or caused to be posted, as may be designated by them, in January, April, July, and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof, and all outstanding bonds and other obligations.
No demand or account, arising out of contract, express or implied, shall be heard, considered, audited, approved, allowed or paid unless a written notice thereof, duly authenticated, and in such form and containing such information relative to such demand or account as the board of commissioners shall prescribe, shall have been first presented to and filed with the city comptroller within six months from the time the last item of such demand or account shall have become due and payable; nor shall any claim, arising in tort, be heard, considered, audited, approved, allowed or paid unless a written notice thereof, duly authenticated, and in such form and containing such information relative to such claim as the board of commissioners shall prescribe, shall have been first presented to and filed with the city comptroller within thirty days from the time the acts from which said claim arose shall have occurred. No notice of demand, account or claim heretofore or hereafter presented and filed shall be deemed valid so as to authorize the consideration, auditing, approval, allowance, or payment of such demand, account or claim, unless the provisions of any ordinance relative to and in effect at the time of the presentation and filing of such notice shall have been strictly complied with; provided, such ordinance otherwise conforms with the requirements of this section. Provided, however, that the failure of any person to file a claim as provided in this section shall not preclude said person from maintaining an action in a court of law upon such demand, account, or claim.
Sec. 16. Section 18 1/2 of chapter II of the above-entitled act, as adopted by chapter 50, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 18 1/2. Audit of Books and Accounts. The [city commission] board of commissioners shall employ a certified public accountant to make a yearly audit of the books and accounts of the city of Las Vegas, said audit to commence with an audit of the books and accounts of [1944] 1948. Said [auditor] accountant shall commence the audit of the books and accounts of [1944] 1948 not later than May 1, [1945] 1949, and an audit of each succeeding years books and accounts shall be commenced by said certified public accountant not later than March 1 of the year following the year for which the audit is to be made.
κ1949 Statutes of Nevada, Page 232 (CHAPTER 132, AB 346)κ
Sec. 17. Section 19 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 19. Board of Commissioners-Meetings-[Special Meetings-] Quorum. The board of commissioners [created by this act] shall meet at least once a month in regular meeting at such time as shall be fixed by said board at the city hall or other designated place in said city to consider and take under advisement and act upon such business as may come before them. Three commissioners or the mayor and two commissioners of said board shall constitute a quorum for the transaction of all business [, but no final action shall be taken in any matter concerning the special department of any absent commissioner unless such business has been made a special order of the day, or such action is taken at a regular meeting of the board] ; provided, that no bonds may be issued, nor taxes levied except at a regular meeting attended by at least three commissioners and the mayor or by four commissioners without the mayor. Special meetings may be called by the mayor of the board or by any two members thereof at any time to consider only such matters as shall be mentioned in the call of said meeting, and written notice thereof shall be given to each member of said board; all official sessions of said board, whether regular or called shall be open to the public.
Sec. 18. Section 20 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 20. Ordinances-Power to Enact-How Enacted-Style of. The board of commissioners of said city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state, touching every object, matter and subject within the local government instituted by this act, and the style of all ordinances shall be: The Board of Commissioners of the City of Las Vegas do ordain, but such caption may be omitted when said ordinances are [published] printed or typewritten in a book or pamphlet form or are revised [and digested] or codified under order of the board.
Sec. 19. Section 29 of the above-entitled act, as amended by chapter 99, Statutes of Nevada 1947, is hereby further amended to read as follows:
Section 29. The Municipal Court-Jurisdiction of-Procedure in Qualifications of Municipal Judge. The municipal court shall be presided over by a municipal judge. [who shall be a citizen of the state and resident of the said city for not less than one year, and who shall be a qualified elector of said city.] The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the said city, and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury.
κ1949 Statutes of Nevada, Page 233 (CHAPTER 132, AB 346)κ
the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try, and determine all cases whether civil or criminal, for the breach or violation of any city ordinance or any provision of [the charter] this act of a police nature, and shall hear, try, and determine, acquit, convict, commit, fine, punish, or hold to bail in accordance with the provisions of such ordinances or of this [charter] act. The practice and proceedings of the said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or by the payment thereof enforced by imprisonment in the city jail of said city at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets of said city at a rate of two dollars for each day of the sentence which shall apply on such fine until the same shall be exhausted or otherwise satisfied. Said court shall have jurisdiction of [any action] actions for the collection of taxes [or] and assessments levied for city purposes, by the city for such services, when the principal sum [thereof] claimed does not exceed three hundred dollars; also, actions to foreclose liens in the name of the city for the nonpayment of such taxes, [or] assessments, and charges where the principal sum claimed does not exceed three hundred dollars; also, of [any action] actions for the collection of any money payable to the city [from any person] when the principal sum claimed does not exceed three hundred dollars; and [any action] actions for damage in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justice courts. The said court shall have jurisdiction of the following offenses committed within the city which either violate[s] the peace and good order of the city or the peace and quietude of an individual or individuals, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, driving any vehicle while under the influence of intoxicating liquors, fighting, quarreling, dogfights, cockfights, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior and all disorderly, offensive, or opprobrious conduct and all other offenses under ordinances of the city. The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question.
κ1949 Statutes of Nevada, Page 234 (CHAPTER 132, AB 346)κ
shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs, and process necessary to a complete and effective exercise of the powers and jurisdiction of said court and for the enforcement of its judgment, and may punish for contempt in like manner and with the same effect as if provided by the general law for justice of the peace. The municipal judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed and uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report. In all cases in which the municipal judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence, or inability to act, any justice of the peace of said county, or any person who [is a citizen of the state and a qualified voter and resident of the said city for not less than one year,] possesses the qualification prescribed by this act for the office of municipal judge, on the written request of the mayor, may act in the place and stead of such municipal judge, and the commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge, provided, that the commissioners shall not apportion ratably the salary or compensation of the municipal judge to such person so serving, and deduct the sum so apportioned from the salary of the municipal judge, for a period of absence on leave or vacation authorized by the commissioners, and, in that event, the person so serving in the place and stead of the municipal judge shall receive such compensation as the commissioners shall prescribe. Appeals to the district court may be taken from any final judgment of said municipal court in the same manner and with the same effect as in cases of appeal from justice courts in civil and criminal cases, as the case may be. All warrants, writs, and process issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.
Sec. 20. Section 30 of chapter II of the above-entitled act, as amended by chapter 99, Statutes of Nevada 1947, is hereby further amended to read as follows:
Section 30. Ordinances-Procedure for Adoption. All proposed ordinances shall first be read by title to the board of commissioners, at a regular meeting, or special meeting called for that purpose, and then referred to a committee for consideration. The committee shall report said ordinances back to the board of commissioners at the next regular meeting, or at a special meeting called for that purpose, when said ordinances shall be read in full as first introduced, or if amended by the committee, as so amended, and shall be [approved] adopted or disapproved as so finally read. All ordinances, when [approved] adopted, shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the commissioners voting for or against such [approval] adoption, once a week for two successive weeks immediately following such [approval] adoption, in a newspaper published in said city [.
κ1949 Statutes of Nevada, Page 235 (CHAPTER 132, AB 346)κ
shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the commissioners voting for or against such [approval] adoption, once a week for two successive weeks immediately following such [approval] adoption, in a newspaper published in said city [. Said ordinances shall again be read in full at the next regular meeting or at a special meeting called for that purpose, following the last publication] , and shall become effective [upon their final passage by the board at said meeting;] immediately following the second publication thereof; provided, that in cases of emergency, [by the unanimous consent of the whole board,] all proposed ordinances shall be read in full when first introduced at a regular meeting, or special meeting called for that purpose and shall be [approved] adopted or disapproved as so read, or if amended, adopted as amended, and such ordinances shall be designated as emergency ordinances. All emergency ordinances shall be signed by the mayor and attested by the city clerk, and be published in full, together with the names of the commissioners voting for or against their [passage] adoption, once a week for two successive weeks immediately following said [passage] adoption, in a newspaper published in said city, and shall become effective immediately following the [last] second publication thereof.
The board may at any time make an order for the revision or codification of the ordinances of said city. Such revision or codification may, upon its adoption, include amendments, changes, and additions to existing ordinances, and new matters unrelated thereto. The proposed revision or codification of ordinances shall first be adopted by the board after the same has been read in full at a regular meeting or at a special meeting called for that purpose, and shall be signed by the mayor and attested by the city clerk. When such a revision or codification of ordinances shall be so [approved] adopted, signed, and attested, and at least fifty copies thereof shall have been printed or typewritten in book or pamphlet form and not less than three copies thereof are filed in the office of the clerk of said city, and a notice referring to such revision or codification, adoption, and filing shall have been published once a week for two successive weeks in a newspaper published in said city, the ordinances as contained in such revision, or codification shall become effective immediately after the [last] second publication of such notice. It shall not be necessary to publish such revision or codification, or the ordinance adopting the same, [in a newspaper.] as required in this section with respect to ordinances generally.
The city clerk shall record all ordinances except the revision or code of ordinances, in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy of the ordinance therein recorded in the name of the city, and the book or pamphlet containing the revision or codification of ordinances or certified copy of all or any part thereof in the name of the city, shall be prima-facie evidence in all courts and places without further proof. [, or if published in book or pamphlet form by the authority of said board of commissioners they shall be so received.]
An ordinance adopting any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city of Las Vegas, and with such other changes as may be desirable, by reference thereto.
κ1949 Statutes of Nevada, Page 236 (CHAPTER 132, AB 346)κ
plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city of Las Vegas, and with such other changes as may be desirable, by reference thereto. [, such] Such ordinance or the code adopted thereby need not be published as required in the above portion of this same section, if three (3) copies of such code, either typewritten or printed with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least one week prior to the [passage] adoption of the ordinance adopting said code. Notice of such filing shall be given daily in a newspaper in the city of Las Vegas at least one week prior to the [passage] adoption of the ordinance adopting said code.
Sec. 21. Section 31 of chapter II of the above-entitled act, as amended by chapter 99, Statutes of Nevada 1947, is hereby further amended to read as follows:
Section 31. The [said] board of commissioners shall have the power:
1. To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution or statutes of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment, and in addition thereto the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of the State of Nevada.
2. To control the finances and property of the corporation.
3. To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. Subject to the general laws of the state relating to the issuance of bonds by municipalities, to borrow money on the credit of the city for corporate purposes, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred lien against the real or other property of the city; provided, that, except as otherwise provided in this act, said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, not shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring supplies of water.
κ1949 Statutes of Nevada, Page 237 (CHAPTER 132, AB 346)κ
indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring supplies of water.
The said board shall provide for the payment of interest on such bonds as the same shall become due, and for a sinking fund for the payment of the principal within twenty years after issuing same. The board shall have the power to acquire or establish municipal water works, municipal power plants, municipal swimming pools, or any public utility, only in the manner herein provided.
The board shall issue a proclamation which shall set forth briefly the supply of water, municipal water works, the municipal power plant, municipal swimming pool, or other public utility proposed to be acquired or established, the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose, the proposed bonded indebtedness to be incurred therefor, the terms, amount, rate of interest, and time within which redeemable, and on what fund. Such proclamation shall be published in full at least once a week for three consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for the acquiring or establishment thereof and the issuance of the bonds therefor.
At the first regular meeting of the board, or any recess or adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to the vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by qualified electors of said city equal in number to at least 10 percent of the number of votes cast in said city for representative in Congress at the last preceding general election, and as shown by the last preceding registration list, asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast.
Any ordinances thus passed providing for the acquiring or establishment of such municipal water works, municipal power plant, municipal swimming polls, or other public utility shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said board by a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said board at any time prior to the date of meeting set in said published notice; provided, however, that said board may submit such question to the vote of a special election if the board finds it convenient to do so; provided further, however, that even though no such petition be filed, or if at such election the question is carried by such majority vote, the said board may, in its discretion, abandon and discontinue all such proceedings to acquire or establish such municipal water works, municipal power plants, electrical or otherwise, municipal swimming pool, or other public utility upon adoption of a resolution to the effect that such board does not at such time deem it to the best interest of said city to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, municipal swimming pool, or other public utility.
κ1949 Statutes of Nevada, Page 238 (CHAPTER 132, AB 346)κ
or if at such election the question is carried by such majority vote, the said board may, in its discretion, abandon and discontinue all such proceedings to acquire or establish such municipal water works, municipal power plants, electrical or otherwise, municipal swimming pool, or other public utility upon adoption of a resolution to the effect that such board does not at such time deem it to the best interest of said city to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, municipal swimming pool, or other public utility.
In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose of constructing sewerage systems, storm drains and storm sewers, including disposal plants within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of one million ($1,000,000) dollars, which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than seven (7) percent per annum, the interest on each bond to be payable semiannually. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon any payment of any installment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk, and shall be distinctively known as Las Vegas Sewerage Bonds.
Before issuing said bonds, the said board shall publish a notice at least once a week for at least three consecutive weeks in some daily or triweekly newspaper published in the said city calling for a special election by the regularly qualified electors of the city whether such bonds shall issue. Such notice shall state consecutively the amount of the proposed bond issue, the rate of interest bonds are to bear, time and manner of their payment, and that they are for the construction of a sewerage system, storm drains, storm sewers and/or sewerage disposal plant as the case may be. Every such notice given prior to May 6, 1947, but which otherwise conforms with the requirements of this provision, shall be deemed to be properly given and valid in all respects. The board shall cause a sufficient number of ballots to be printed which shall bear the words: Sewerage Bonds-Yes and Sewerage Bonds-No printed thereon in parallel lines one above the other. The voter will [scratch out the word Yes] stamp a cross or X in the square after the word No if opposed to the [bonds] bond issue, and after the word [No] Yes if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections.
If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act. Said board may submit such question to the vote of the electors at a general city election instead of a special election if the board find it convenient so to do, in which event said notice, instead of calling for special election, shall specify that such question shall be voted on at the next general city election and such question shall, in the form above provided, be placed upon the general ballot at such general city election.
κ1949 Statutes of Nevada, Page 239 (CHAPTER 132, AB 346)κ
for special election, shall specify that such question shall be voted on at the next general city election and such question shall, in the form above provided, be placed upon the general ballot at such general city election.
Said bonds shall be sold at not less than their par value and shall be redeemable in the order of their issuance within twenty-five years from the date of issue. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such rate as will redeem all of the bonds within twenty-five years from the date of their issue; in which case the twenty-five years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer, and by him placed in a fund to be known as the Las Vegas Sewerage Fund. All sewerage systems constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board, or it may advertise for plans and specifications and bids for construction as they may see fit.
6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same.
7. To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such licenses, fees, and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and the terms and manner of their issuance.
10. To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business, whatsoever, conducted in whole or in part within the city, including, but not limited to, all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof [.] ;
[To fix, impose, and collect a license tax on and regulate all taverns,] hotels, auto camps, restaurants, chophouses, cafes, [saloons,] eating houses, lunch counters, [barrooms, games and gaming houses,] lodging houses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, [sales stables, cattle or horse corrals,] express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city [.]
κ1949 Statutes of Nevada, Page 240 (CHAPTER 132, AB 346)κ
laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, [sales stables, cattle or horse corrals,] express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city [.] ;
[To fix and impose and collect a license tax on and regulate] auctioneers, stockbrokers, and stock exchanges [.] ;
[To fix, impose, and collect a license tax on, regulate, prohibit, or suppress barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress all barrooms, street fakers, street peddlers, except those above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests.
Within said city and within one mile outside of the city limits to regulate, prohibit, and prescribe the location of and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, including dance houses having special attractions, such as music or otherwise; to license and regulate gambling as allowed by law, and to prohibit gambling in all its various forms.
To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including] grocers, merchants of any, every, and all kinds, trades and traders of all kinds, [hotels,] butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, [garages,] newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchases or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, [and all and singular each, every, and any business, and all trades and professions, including] attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
κ1949 Statutes of Nevada, Page 241 (CHAPTER 132, AB 346)κ
purchases or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, [and all and singular each, every, and any business, and all trades and professions, including] attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
Within said city to regulate, prescribe the location of, or prohibit, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state, street fakers, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sales stables, cattle or horse corrals, foundries and machine shops, dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress taverns, saloons, barrooms, and all establishments dealing in the sale of liquor whether for consumption on or off the premises.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress games, gaming houses, gambling, as allowed by law, in all its various forms.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedule of charges to be posted in or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses.
12. To lay out, establish, open, alter, widen, extend, [grade and regrade,] narrow, [repair,] vacate either on its own motion or as prescribed by the general law of the state, [or otherwise improve] the streets, alleys, avenues, public ways, sidewalks, parks, and public grounds, [and by ordinance, resolution, or order require and provide for the] or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, [and] recurbing, grading, [and] regarding, graveling, regraveling, paving, [and] repaving, draining, parking, reparking, cleaning, repairing, lighting, [and] relighting, surfacing, [or] resurfacing, or in any other way improve the same [.]
κ1949 Statutes of Nevada, Page 242 (CHAPTER 132, AB 346)κ
regrade,] narrow, [repair,] vacate either on its own motion or as prescribed by the general law of the state, [or otherwise improve] the streets, alleys, avenues, public ways, sidewalks, parks, and public grounds, [and by ordinance, resolution, or order require and provide for the] or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, [and] recurbing, grading, [and] regarding, graveling, regraveling, paving, [and] repaving, draining, parking, reparking, cleaning, repairing, lighting, [and] relighting, surfacing, [or] resurfacing, or in any other way improve the same [.] , and by ordinance, resolution, or order require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire, repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system if the same be immediately adjacent to such property on a public street or alley and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose, and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through said sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along, and upon streets, avenues, sidewalks, parks, and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs, and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder, thereupon or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same, free from snow and other obstructions.
20. To regulate and prevent the throwing or disposing of ashes, offal, dirt, garbage, or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public grounds.
21. [20a.] To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; [and] to fix, impose, and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting, and disposal is made.
κ1949 Statutes of Nevada, Page 243 (CHAPTER 132, AB 346)κ
refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; [and] to fix, impose, and collect a charge and fee to be paid by the occupants or owners of premises from which such collection, removal, hauling, conveying, transporting, and disposal is made. Provided, however, that the city shall not maintain any dump for the open-air disposal or burning of rubbish or refuse within three miles of the city limits.
22. [21.] To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements.
23. [22.] To regulate or prevent the flying of flags, banners, or signs across the street, or from buildings.
24. [23.] To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
25. [24.] To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances, and vehicles, and cars and locomotives within the city limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horse racing, immoderate driving or riding in the streets, alleys, avenues, and public places.
26. [25.] To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues, and public places.
27. [26.] To regulate or prohibit any public demonstrations and processions.
28. [27.] To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses.
29. [28.] To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements, or otherwise and to prevent all orations, harangues, loud outcries, performances, and devices tending to the collection of persons on the streets or sidewalks.
30. [29.] To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
31. [30.] To permit, regulate, or prohibit the location, construction or laying of the tracks of any railroad or tramway in any street, alleys, avenue, or public place, and to grant franchises to persons or corporations to lay, maintain, and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks and connecting and terminal tracks.
κ1949 Statutes of Nevada, Page 244 (CHAPTER 132, AB 346)κ
32. [30a.] To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.
33. [31.] To declare a nuisance and take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through, or across any of the streets, alleys, avenues or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.
34. [32.] To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.
35. [33.] To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley or avenue; to compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired.
36. To grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Las Vegas, such franchise to be granted only upon terms which shall be advantageous to the city of Las Vegas; and the board of commissioners shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.
37. [34.] To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
38. [35.] To regulate the opening and use thereof for the laying of conduits, gas, or water mains, or pipes, and the building and repairing of sewers, tunnels, and drains.
39. [36.] To contract with, authorize or grant to any person, company, or association a franchise to construct, maintain, and operate gas, electric, or other lighting works in the city, and to give such person, company, or association the privilege of furnishing light for the public building, streets, sidewalks, and alleys of said city.
40. [37.] To provide for the lighting of streets, laying down of gas pipes, and erecting of lampposts; to regulate the use of gas, natural gas, and electric and other lights and electric power, and to regulate the inspection thereof.
41. [38.] To construct and maintain waterworks, gasworks, electric light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
κ1949 Statutes of Nevada, Page 245 (CHAPTER 132, AB 346)κ
42. [39.] To construct or authorize the construction of waterworks without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extent over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes, and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
43. [40.] To regulate and control the water and watercourses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
44. [41.] To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic, or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also, to purchase, acquire, or lease stock in ditch, canal, reservoir, or water companies for the purpose of providing water for such city and the inhabitants thereof.
45. [42.] To fix the rate to be paid for the use of water furnished by the city.
46. [43.] To purchase, construct, lease, rent, manage, and maintain any system or part of a system of waterworks, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
47. [44.] To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.
48. [45.] To establish markets and market houses and to provide for the regulation and use thereof.
49. [46.] To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same.
50. [47.] To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions.
51. [48.] To provide for the inspection, measurement or graduation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
52. [49.] To provide for the inspection and scaling of weights and measures.
κ1949 Statutes of Nevada, Page 246 (CHAPTER 132, AB 346)κ
53. [50.] To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.
54. [51.] To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
55. [52.] To provide for and regulate the location, management, and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.
56. [53.] To prohibit any offensive or unwholesome business or establishments in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
57. [54.] To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
58. [55.] To purchase, hold, and pay for lands within or without the city limits for the burial of the dead, and all necessary grounds for hospitals, and to erect, maintain, and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
59. [56.] To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
60. [57.] To provide for the burial of the indigent dead and to pay the expenses thereof.
61. [58.] To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.
κ1949 Statutes of Nevada, Page 247 (CHAPTER 132, AB 346)κ
62. [59.] To establish, maintain, and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
63. [60.] To define fire limits, and prescribe limits within which no buildings shall be constructed, except if it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
64. [61.] To prescribe the manner of constructing stone, brick and other buildings and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
65. [62.] To prevent the dangerous construction and condition of chimneys, fireplaces, hearth, stoves, stovepipes, heaters, ovens, furnaces, boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.
[62a. To adopt by reference and to enforce any specialized or uniform building, or plumbing or electrical code, or codes, or any other specialized or uniform code or codes of any nature whatsoever.]
66. [63.] To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
67. [64.] To regulate and prohibit the keeping of any lumberyard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
68. [65.] To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.
69. [66.] Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
70. [67.] To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers, or steam-generating apparatus, or elevators within the corporate limits of the city.
κ1949 Statutes of Nevada, Page 248 (CHAPTER 132, AB 346)κ
71. [68.] To prohibit cruelty to animals.
72. [69.] To prevent the running at large in the city of poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.
73. [70.] To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior, and to punish the interference with any city officer in the discharge of his duty; also, to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
74. [71.] To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons to practice any game, trick or device with intent to swindle.
75. [72.] To [arrest, fine or set to work on the streets or elsewhere] provide for the punishment of all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.
76. [73.] To prevent intoxication, fighting, quarreling, dogfights, cockfights, prizefights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the street, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. [70] 73 of this section.
77. [74.] To regulate and prohibit the carrying of concealed weapons.
78. To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the City of Las Vegas whenever such offense is committed within the boundaries of said city.
79. [75.] To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
κ1949 Statutes of Nevada, Page 249 (CHAPTER 132, AB 346)κ
punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
80. [76.] To punish for keeping, maintaining, or becoming an inmate of, visiting or in anyway contributing to the support of any place, house, or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
81. [77.] To provide for and regulate the numbering of houses and lots.
82. [78.] To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries, and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.
83. [79.] To erect and maintain all needful buildings for the use of the city.
84. [80.] Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.
85. [80a.] To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.
86. [80b.] To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of [city] commissioners to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of [city] commissioners, his ratable proportion for the cost of paving, grading, or otherwise improving any street or building, or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted and defended, as the case may be, by the city attorney, without additional compensation.
87. [80c.] To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.
κ1949 Statutes of Nevada, Page 250 (CHAPTER 132, AB 346)κ
or permanently with the free use of the streets, sidewalks, alleys or public places.
88. [80d.] To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.
89. [80e.] Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical. [At which election such] Such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this [charter] act. At the conclusion of any election at which any proposition or propositions were so submitted to the people, said board is hereby authorized, empowered, and directed to give, by such appropriate act as may be necessary, full force and effect to each, all and every choice or wish so expressed at such election if within the limits of powers granted by this [charter] act.
90. [80f.] To require the construction and repair of sidewalks by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected.
91. [81.] To adopt and enforce by ordinance all such regulations, in case no express provision is in this [charter] act made, as the board of [city] commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.
Sec. 22. Section 31 1/2 of chapter II of the above-entitled act as adopted by chapter 12, Statutes of Nevada 1943, is hereby repealed.
κ1949 Statutes of Nevada, Page 251 (CHAPTER 132, AB 346)κ
Sec. 23. Section 35 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 35. Punishment of Offenders-Pleading in Action. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance, or the chapter and section of the revised or code of ordinances, if such there be, under which such action is brought. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be fully paid.
Sec. 24. Section 59 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 59. Any Costs Over Fifty Percent of the Value of Property Paid by the City. The cost and expense of any improvement or repair which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement or repair exceed fifty percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding fifty percent, which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as a part of such assessment.
Sec. 25. Section 61 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 61. Pro Rata Assessments. When a special assessment for any public improvement or repair is to be made pro rata upon the lots or premises in any special assessment 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. [;] In fixing the amount or sum of money that may be required to pay the costs of any improvement or repair, the board need not necessarily be governed by the estimates of the costs of such improvement or repair provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement or repair.
Sec. 26. Section 74 of chapter II of the above-entitled act is hereby repealed.
Sec. 27. Section 76 of chapter II of the above-entitled act is hereby repealed.
Sec. 28. Chapter II of the above-entitled act is hereby amended by adding thereto a new section to be designated as section 77 1/2 and to read as follows:
Section 77 1/2. Improvement Bonds. When the board shall determine to make any public improvement, such as installing, reinstalling, constructing, reconstructing, repairing sewers, storm sewers, drains, or storm drains, laying out, establishing, opening, altering, widening, extending any streets, avenues, or alleys, or improving the same by grading, regarding, oiling, reoiling, graveling, regraveling, paving, repaving, macadamizing, remacadamizing, concreting, reconcreting, surfacing, resurfacing, parking, reparking, curbing, recurbing, draining, cleaning, installing or reinstalling street lights, sidewalks and crosswalks, repairing, or in any other way improving said streets, avenues, or alleys, and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, said 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 said assessment remains unpaid, without submitting the question to the electors of the city at any general or special election, cause to be issued bonds of the city, in the amount of the assessment outstanding and unpaid, for the purpose of paying the cost or expense of such improvement.
κ1949 Statutes of Nevada, Page 252 (CHAPTER 132, AB 346)κ
mine to make any public improvement, such as installing, reinstalling, constructing, reconstructing, repairing sewers, storm sewers, drains, or storm drains, laying out, establishing, opening, altering, widening, extending any streets, avenues, or alleys, or improving the same by grading, regarding, oiling, reoiling, graveling, regraveling, paving, repaving, macadamizing, remacadamizing, concreting, reconcreting, surfacing, resurfacing, parking, reparking, curbing, recurbing, draining, cleaning, installing or reinstalling street lights, sidewalks and crosswalks, repairing, or in any other way improving said streets, avenues, or alleys, and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, said 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 said assessment remains unpaid, without submitting the question to the electors of the city at any general or special election, cause to be issued bonds of the city, in the amount of the assessment outstanding and unpaid, for the purpose of paying the cost or expense of such improvement. Said bonds shall be called (insert name of street or location of sewers or drains) Improvement Bonds, shall be signed by the mayor and countersigned by the city clerk, and shall not be sold for less than their par value nor before the work of said improvement is ordered. They shall be in such form and denominations, bear such rate of interest not to exceed seven percent (7%) per annum, and be payable at such times not later than ten (10) years from the date of issue, as the board shall determine.
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 to be known as (insert name of street or location of sewers or drains) Improvement Bond Interest and Redemption Fund, and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of said bonds and interest thereon, and shall not be used for any other purpose until said bonds and the interest thereon is fully paid.
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.
In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay said bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund.
Sec. 29. Chapter II of the above-entitled act is hereby amended by adding thereto a new section to be designated as section 77 2/3, and to read as follows:
Section 77 2/3. The board of commissioners is hereby authorized, empowered and commissioned to refuse licenses for gaming houses or gambling, as allowed by law, in all its various forms, and to revoke or suspend any license issued for that purpose whenever there is, in the judgment of the majority of the board, sufficient reason for such revocation.
κ1949 Statutes of Nevada, Page 253 (CHAPTER 132, AB 346)κ
judgment of the majority of the board, sufficient reason for such revocation.
Sec. 30. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 300Committee on Ways and Means.
CHAPTER 133
AN ACT relating to the administration of state highway revenue-producing acts, consolidating under the public service commission of Nevada the administration of the motor vehicle registration act and the chauffeurs and drivers licensing act, the collection of motor carriers license fees and the excise taxes on gasoline and motor fuel, and certain functions of the state highway department concerning highway safety and safety education; creating a state highway patrol, defining the powers and duties of highway patrolmen and fixing their salaries, transferring certain records, equipment, and property to the public service commission, providing for the payment of costs of administration, and other matters relating thereto.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The public service commission of Nevada is hereby vested with the powers and authority hereinafter provided, and it shall be its duty to carry out the purpose of this act.
Sec. 2. The functions and duties provided in the motor vehicle registration act, being sections 4435-4435.39, inclusive, 1929 Nevada Compiled Laws, 1931-1941 Supplement, and all acts amendatory thereof, are hereby transferred to and shall from and after the approval of this act be exercised, administered, and performed by the public service commission of Nevada as provided in this act, and all records, papers, files, property, and equipment made available to or utilized by or belonging to the motor vehicle department administered by the secretary of state as motor vehicle commissioner, are hereby transferred to and made available to the public service commission of Nevada.
Sec. 3. The functions and duties provided in the chauffeurs and drivers licensing act, being sections 4442-4442.51, inclusive, 1929 Nevada Compiled Laws, 1931-1941 Supplement, and all acts amendatory thereof, are hereby transferred to and shall from and after the approval of this act be exercised, administered, and performed by the public service commission of Nevada as provided in this act, and all records, papers, files, property, and equipment made available to or utilized by or belonging to the chauffeurs and drivers licensing division of the state highway department administered by the state highway engineer, are hereby transferred to and made available to the public service commission of Nevada.
κ1949 Statutes of Nevada, Page 254 (CHAPTER 133, AB 300)κ
Sec. 3.5. There is hereby transferred to the public service commission of the State of Nevada the functions now carried on by the Nevada state highway department concerning highway safety and safety education; provided, however, that this section shall not be construed to remove from the jurisdiction of the said highway department any other functions allowed to or required of it by chapter 184 of the 1941 Statutes of Nevada, or any functions concerning marking or posting signs on or alongside public highways. It is intended by this section that the state highway department shall retain its control over the physical aspects of the public highways, and that the public service commission shall control the manner and type of use of said public highways by the public. The functions of the said public service commission of the State of Nevada concerning highway safety and safety education shall not be duplicated by any other agency, department, commission or officer of the State of Nevada.
Sec. 4. The public service commission of Nevada shall hold such meetings as it deems expedient for the administration of this act. Such commission shall execute, administer, and enforce the laws pertaining to the respective motor vehicle acts and associated acts, as provided in this act, and an act relative to the use of public highways by motor vehicle carriers, being sections 4437-4437.27, inclusive, 1929 Nevada Compiled Laws, 1931-1941 Supplement, and all acts amendatory thereof. The commission shall promulgate rules and regulations consistent with this act, and with all other acts administered by the commission.
Sec. 5. There is hereby created within the public service commission of Nevada a division to be known as the Nevada highway patrol, which shall be composed of not more than twenty-five (25) patrolmen appointed by the commission, two of whom shall be the chief and assistant chief patrolmen. The appointed patrolmen shall be men qualified at the time of their appointment with the knowledge of all traffic laws of this state, the motor vehicle registration and licensing acts, the chauffeurs and drivers licensing act, the motor vehicle carrier licensing and regulation act, and the laws with respect to the imposition and collection of gasoline taxes and use fuel taxes, The said patrolmen shall be versed in the laws respecting the powers of police officers as to traffic law violations and other offenses committed over and along the highways of this state, and as to such violations and offenses they shall have the powers of police officers. The chief patrolman shall receive a salary not to exceed the sum of three hundred fifty dollars ($350) per month, the assistant chief patrolmen shall receive a salary not to exceed the sum of three hundred forty dollars ($340) per month, and each patrolman shall receive a salary of two hundred fifty dollars ($250) per month, and the commission may fix the salary of each patrolman after six months of continuous employment at any sum in excess thereof, not to exceed, however, the sum of three hundred twenty-five dollars ($325) per month, and all salaries payable hereunder shall be paid as other state officers are paid. Travel and subsistence payments shall be paid all patrolmen as is now or hereafter may be provided by law.
κ1949 Statutes of Nevada, Page 255 (CHAPTER 133, AB 300)κ
Sec. 6. The superintendent of the Nevada state police shall be ex officio superintendent of the Nevada highway patrol provided in section 5 of this act, and shall receive a salary of four thousand five hundred ($4,500) dollars per annum for all services as superintendent of the Nevada state police and ex officio superintendent of the Nevada highway patrol, which salary shall be paid out of appropriations of the public service commission from the general fund, and shall be budgeted as provided in section 10 of this ac.t Such superintendent shall be the chief officer of the Nevada highway patrol and in addition to his present powers and duties shall have and exercise all of the powers and duties hereinafter provided in section 7 of this act, which powers and duties shall be performed under the direction and supervision of the public service commission. The said superintendent, when requested by the governor to preserve order, protect life or property, and enforce the laws of this state, may use such number of highway patrolmen as may be necessary for such purpose, and when so acting, the said patrolmen shall have and exercise general police powers. The expenses incurred in the administration of this act, and the powers and duties provided in this act, 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. 7. The duties 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.
(2) To act as field agents and inspectors in the enforcement of the motor vehicle registration act, and acts supplementary thereto, as the same now exist or as they may hereafter be amended or supplemented.
(3) To act as field agents, inspectors, and instructors in carrying out the provisions of the chauffeurs and drivers licensing act, as the same now exists or as it may hereafter be amended or supplemented.
(4) To act as field agents and inspectors of the public service commission of Nevada in the enforcement of the motor vehicle carrier licensing and regulation act, and acts supplementary thereto, as the same now exist or as they may hereafter be amended or supplemented.
(5) To act as field agents and inspectors of the Nevada tax commission in the enforcement of the laws of this state relating to the imposition and collection of the tax on gasoline used in and for motor vehicles on the public highways of this state, the same being sections 6570.01-6570.16, inclusive, 1929 N. C. L., 1941 Supp., as the same now exist, or as they may hereafter be amended or supplemented.
(6) To act as field agents and inspectors of the Nevada tax commission in the enforcement of the laws of this state relating to the imposition and collection of the tax on motor vehicle fuel, known as the use fuel tax act, used in and for motor vehicles on the public highways of this state, the same being sections 6570.20-6570.49, inclusive, 1929 N. C. L., 1941 Supp., as the same now exist, or as they may hereafter be amended or supplemented.
(7) To perform such other duties in connection with each and all of the aforesaid specified duties, and consistent therewith, as may be imposed by the commission.
κ1949 Statutes of Nevada, Page 256 (CHAPTER 133, AB 300)κ
Sec. 8. There shall be transferred to the public service commission of Nevada for the use of the Nevada highway patrol any and all state-owned property and equipment, including automobiles, now useful to and presently used by the field agents and inspectors enforcing the motor vehicle registration act, the chauffeurs and drivers licensing act, the motor vehicle carrier licensing and regulation act, and the gasoline and use fuel tax acts. There shall be transferred to the commission the state-owned equipment and automobiles of the Nevada state police.
Sec. 9. It shall be the duty of the public service commission to employ all necessary office personnel for the purposes of this act and to fix the compensation thereof, which said compensation shall be commensurate with and not greater than the salaries of like services in other state offices as fixed by the laws of this state relating thereto. Due consideration and preference shall be given the personnel now employed in the respective departments or agencies transferred herein to the public service commission. The commission shall require all patrolmen and personnel collecting and receiving license fees and moneys pursuant to the acts administered by them to furnish good and sufficient bonds for the faithful performance of their duties, which said bonds may be issued by the State of Nevada. All license fees and moneys so collected shall be deposited in the state treasury to the credit of the Nevada state highway fund in the manner provided in the act for acts providing for the imposition and collection thereof.
Sec. 10. To provide for the payment of the costs and expenses of administration of this act, there shall be paid from the Nevada state highway fund in the state treasury an amount not to exceed four hundred and twenty-five thousand ($425,000) dollars plus the revenue derived from the collection of fees for the registration and license of motor vehicles and for transfer thereof, under the act of March 27, 1931, for the licensing and registration of motor vehicles (section 4435-4435.39, incl., 1929 N. C. L. 1941 Supp.), as amended, for the biennium ending June 30, 1951, and this shall be in lieu of all other charges on or deductions from collections for the purposes of the chauffeurs and drivers licensing act, the motor vehicle carriers act mentioned in sections 2, 3, and 4 of this act, and exclusive of the salary of the superintendent of state police and ex officio superintendent of the highway patrol which shall be paid, as provided in this act, out of the general fund; further provided, however, that for the year 1951, and each year thereafter, the costs and expenses of administration of this act shall be budgeted and expended as provided by law.
Sec. 11. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
κ1949 Statutes of Nevada, Page 257κ
Assembly Bill No. 222Mr. McCuistion. (By Request)
CHAPTER 134
AN ACT to amend an act entitled An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; providing for the levy of assessments; and other matters relating thereto, approved March 23, 1937, as amended.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2.1 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1945, chapter 187, page 299, is further amended to read as follows:
Section 2.1. Base period means the first four of the last five completed calendar quarters immediately preceding the first day of an individuals benefit year. [; provided, however, there shall be excluded from the base period any completed calendar quarter the whole of which is spent by an individual in active military service of the United States and the period immediately following during which the individual is being paid federal unemployment allowances, if any, and the quarter in which he was inducted into such service, if:
(1) Such individual shall have been inducted into active military service in the land or naval forces of the United States by operation of the selective training and service act of 1940 (public act No. 783), or ordered into such service as provided in the national guard and reserve officers mobilization act (public resolution No. 96 as amended by public act No. 783), and have so served for more than thirty days; and
(2) He shall have notified the executive director of such induction or order in accordance with such regulations as the executive director may prescribe; and
(3) He shall exhibit to the executive director a certificate showing satisfactory completion of the period of training and service as in said acts provided; within forty days following completion of such service; and proof of the discontinuance of federal unemployment allowances, if any; and provided further, that the wages earned by an individual for employment within that quarter in which he is inducted into such service shall be deemed for benefit purposes to have been earned within that quarter of his base period in which he completes such period of military training and service; or to have been earned within that quarter of his base period in which federal unemployment allowances, if any, have been discontinued.]
κ1949 Statutes of Nevada, Page 258 (CHAPTER 134, AB 222)κ
Sec. 2. Section 2.3 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1945, chapter 187, page 300, is further amended to read as follows:
Section 2.3. Benefit year, with respect to any individual, means the fifty-two consecutive week period beginning with the first day of the week with respect to which a valid claim shall be filed, and thereafter the fifty-two consecutive week period beginning with the first day of the first week with respect to which a valid claim shall be filed after the termination of his last preceding benefit year. [; provided, however, that there shall be excluded from such period any week spent in whole or in part by an individual in the active military service of the United States and any week spent in whole or in part by an individual drawing federal unemployment allowances, if any, if such service is in conformity with and the individual has complied with the requirements of subsections (1), (2), and (3) of section 2.1 of this act.] Any claim for benefits made in accordance with section 6(a) of this act shall be deemed to be a valid claim for the purposes of this subsection if the individual has earned wages for employment by employers as provided in section 4(e) of this act.
Sec. 3. Section 2.9 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1945, chapter 187, page 302, is further amended to read as follows:
Section 2.9. Employment, subject to the other provisions of this subsection, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.
(1) The term employment shall include an individuals entire service, performed within or both within and without this state if-
(a) The service is localized in this state; or
(b) The service is not localized in any state but some of the service is performed in this state and (i) the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or (ii) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individuals residence is in this state.
(2) Services not covered under paragraph (1) of this subsection and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this act if the individual performing such services is a resident of this state and the executive director approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this act.
(3) Service shall be deemed to be localized within a state if-
(a) The service is performed entirely within such state; or
(b) The service is performed both within and without such state, but the service performed without such state is incidental to the individuals service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.
κ1949 Statutes of Nevada, Page 259 (CHAPTER 134, AB 222)κ
but the service performed without such state is incidental to the individuals service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.
(4) Services performed by an individual for wages shall be deemed to be employment subject to this act unless and until it is shown to the satisfaction of the executive director that-
(a) Such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact; and
(b) Such service is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and
(c) Such service is performed in the course of an independently established trade, occupation, profession or business in which the individual is customarily engaged, of the same nature as that involved in the contract of service.
(5) The term employment shall not include:
(a) Agricultural labor;
(b) Domestic service in a private home; provided, that when the federal social security act shall be so amended as to extend the coverage of unemployment compensation to persons engaged in agricultural labor or domestic service in private homes, then such service shall be included in the term employment for the purpose of this act to the extent authorized by such amendments;
(c) Service performed as an officer or member of the crew of a vessel on the navigable waters of the United States;
(d) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother;
(e) Service performed in the employ of any other state or its political subdivisions, or of the United States government, or of an instrumentality of any other state or states or their political subdivisions or of the United States; provided, that in the event that the Congress of the United States shall permit the states to require any instrumentality of the United States to make payment into an unemployment fund under a state unemployment compensation act, and to comply with state regulations thereunder, then, to the extent permitted by Congress, and from and after the date as of which such permission becomes effective, all of the provisions of this act shall be applicable to such instrumentality and to services performed for such instrumentality in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals and services; provided further, that if this state should not be certified by the social security board under section 903 of the social security act for any year, then the payments required from such instrumentality and their workers with respect to such year shall be refunded by the executive director from the unemployment fund, without interest;
κ1949 Statutes of Nevada, Page 260 (CHAPTER 134, AB 222)κ
(f) Service performed in the employ of this state, or of any political subdivision thereof, or of any instrumentality of this state, or its political subdivisions, which is wholly owned by this state or one or more of its political subdivisions; and any service performed in the employ of any such instrumentality to the extent that the instrumentality is, with respect to such service, exempt under the constitution of the United States from the tax imposed by section 1600 of the United States internal revenue code; provided, that any department of this state, or any political subdivision thereof, or any of the aforesaid instrumentalities of this state or its political subdivisions, may, by action of the majority of the members of the governing body of such department, political subdivision or instrumentality, duly certified to the executive director, elect to become an employer as in this act provided, excluding from employment for such an employer the services performed by elected officials of such department, political subdivision or instrumentality;
(g) Service performed in the employ of a corporation, community chest fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual; provided, that when the federal social security act shall be so amended as to extend the coverage of unemployment compensation to persons employed as in this subsection specified, then such service shall be included in the term employment for the purpose of this act to the extent authorized by such amendments;
(h) Service performed after June 30, 1939, in the employ of an employer as defined in the railroad unemployment insurance act (52 Stat. 1094); and service with respect to which unemployment compensation is payable under any other unemployment compensation system established by an act of Congress; provided, that the executive director is hereby authorized and directed to enter into agreements with the proper agencies under such act or acts of Congress, which agreement shall become effective ten days after publication thereof in the manner provided in section 4(b) of the employment security administration law for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this act, acquired rights to unemployment compensation under such act or acts of Congress, or who have, after acquiring potential rights to unemployment compensation under such act or acts of Congress, acquired rights to benefits under this act;
(i) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.
(j) Service performed by lessees engaged in mining under lease agreements unless the individual lease agreement or the practice in actual operations under such agreement is such as would constitute the lessees employees of the lessor at common law.
κ1949 Statutes of Nevada, Page 261 (CHAPTER 134, AB 222)κ
(k) Service performed in the employ of a local chapter of a college fraternity or sorority.
(6) If the services performed during one-half or more of any pay period by an individual for the employing unit constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than one-half of any such period by an individual for the employing unit do not constitute employment, then none of the services of such individual for such period shall be deemed to be employment.
Sec. 4. Section 2.13 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1945, chapter 187, page 305, is further amended to read as follows:
Section 2.13. Unemployment. 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. 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 of individuals attached to their regular jobs, and other forms of short-time work, as the executive director deems necessary. No individual shall be deemed to be unemployed in any week in which he is self-employed for more than three (3) days.
Sec. 5. Section 2.14 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1947, chapter 90, page 299, is further amended to read as follows:
Section 2.14. Wages means all remuneration payable for personal services, including commissions and bonuses and the cash value of all remunerations, payable in any medium other than cash. [; provided, that the] The reasonable cash value of remuneration payable in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the executive director. The term wages shall not include:
(1) The amount of any payment with respect to services performed after July 1, 1941, to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for individuals in its employ generally or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for such payment), on account of (a) retirement, or (b) sickness or accident disability, or (c) medical and hospitalization expenses, in connection with sickness or accident disability, or (d) death, provided an individual in its employ (i) has not the option to receive, instead of provision for such death benefit, any part of such payment, or, if such death benefit is insured, any part of the premiums, or contributions to premiums, paid by his employing unit, and (ii) have not the right, under the provisions of the plan or system, or policy of insurance providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit upon either his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his services with such employing unit;
κ1949 Statutes of Nevada, Page 262 (CHAPTER 134, AB 222)κ
providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit upon either his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his services with such employing unit;
(2) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ, under section 1400 of the United States internal revenue code;
(3) Dismissal payments after July 1, 1941, which the employing unit is not legally required to make. [The reasonable cash value of remuneration payable in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the executive director.]
Sec. 6. Section 2.17 of the above-entitled act, as added by Statutes 1943, chapter 175, and amended by Statutes 1945, chapter 187, page 306, is hereby repealed. [Sec. 2.17. Duration of the war. This expression when used in this act shall and will mean that period of time beginning on December 8, 1941, and ending-for the purpose of this act-at such time as the governor by proclamation may declare that a state of war no longer exists.]
Sec. 7. Section 7 of the above-entitled act, being section 2825.07 N. C. L., 1931-1941 Supplement, as amended by Statutes 1947, chapter 90, page 300, is further amended to read as follows:
Section 7. (a) Payment. (1) On and after January 1, 1937, contributions shall accrue and become payable by each employer for each calendar quarter in which he is subject to this act, with respect to wages payable for employment occurring during such calendar quarter; provided, that such contributions shall not accrue and become payable with respect to that part of the remuneration which, after remuneration equal to three thousand dollars ($3,000) becomes payable to an individual by an employer with respect to employment during and for any calendar year, becomes payable to such individual by such employer with respect to employment during the calendar year 1947, and during each calendar year thereafter. Such contributions shall become due and be paid by each employer to the executive director for the fund in accordance with such regulation as the executive director may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in such employers employ.
(2) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
(b) Rate of Contribution. Each employer shall pay contributions equal to the following percentages of wages payable by him with respect to employment:
(1) One and eight-tenths per centum with respect to employment during the calendar year 1937;
(2) With respect to employment after December 31, 1937, two and seven-tenths per centum, except as otherwise prescribed in subsection (c) of this section.
κ1949 Statutes of Nevada, Page 263 (CHAPTER 134, AB 222)κ
seven-tenths per centum, except as otherwise prescribed in subsection (c) of this section.
(c) Future Rates Based on Benefit Experience. The executive director shall, for the period of six months commencing July 1, 1945, and for the calendar year commencing January 1, 1946, and for each calendar year thereafter, classify employers in accordance with their actual pay rolls, contribution, and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him throughout the six months period commencing July 1, 1945, and for each calendar year thereafter, in order to reflect said experience and classification. In making such classification, the executive director shall take account of the degree of unemployment hazard shown by each employers experience, and of any other measurable factors which he finds bear a reasonable relation to the purposes of this subsection. [For the purpose of a study,] Benefits paid to an individual since January 1, 1939, shall be [immediately] charged against the accounts of his employers, [and hereafter charged currently against his employers accounts; provided, however, no benefits paid to a claimant on the basis of credits retained on account of military service shall be charged against an employers accounts.] as the executive director may by regulation prescribe. Such rates shall be computed on the pay roll, contribution, and benefit experience of the employer for not less than thirty-six consecutive calendar months immediately preceding the computation date, which date shall be not more than twenty-seven weeks prior to the effective date of the new rate. He may apply such form of classification or rating system which in his judgment is best calculated to rate individually and most equitably the employment risk of each employer and to encourage the stabilization of employment. The general basis of classification proposed to be used for any calendar year shall be subject to fair notice, opportunity for hearing, and publication. The executive director shall determine the contribution rate applicable to each employer for any calendar year subject to the following limitations:
(1) Each employers contribution rate shall be 2 7/10 per centum, unless and until there shall have been thirty-six (36) consecutive calendar months immediately preceding the computation date of the new rate, throughout which his account as an employer could have been charged with benefit payments.
(2) Each employer eligible for a rate based upon experience and classified in accordance with this section shall be assigned a rate by the executive director for the calendar year commencing January 1, [1947] 1949, and for each calendar year thereafter, according to the following classes: class 1, [0.5] 0.10 per centum; class 2, [1.0] 0.5 per centum; class 3, [1.5] 1.0 per centum; class 4, [2.0] 1.5 per centum; class 5, [2.7] 2.0 per centum; class 6, 2.7 per centum. No employers rate shall be varied below the 2.7 per centum rate unless, as of the preceding January 1, the total amount available for benefits in the Nevada unemployment compensation fund equals or exceeds 1.5 per centum of the total pay rolls subject to contributions under the Nevada unemployment compensation laws for the five consecutive calendar-year period ending on the above date.
κ1949 Statutes of Nevada, Page 264 (CHAPTER 134, AB 222)κ
1.5 per centum of the total pay rolls subject to contributions under the Nevada unemployment compensation laws for the five consecutive calendar-year period ending on the above date. As used in this section the term annual pay roll means the total amount of wages payable by an employer for employment during a year, regardless of the time of payment.
Sec. 8. Section 9 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1945, chapter 187, page 316, is further amended to read as follows:
Section 9. (a) Establishment and Control. There is hereby established as a special fund, separate and apart from all public moneys or funds of this state, an unemployment compensation fund, which shall be administered by the executive director exclusively for the purposes of this act. This fund shall consist of (1) all contributions collected under this act; (2) interest earned upon any moneys in the fund; (3) any property or securities acquired through the use of moneys belonging to the fund; (4) all earnings of such property or securities; and (5) all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided. All fines and penalties collected pursuant to the criminal provisions of this act shall be paid to the Nevada state school fund.
(b) Accounts and Deposits. The state treasurer shall be the treasurer and custodian of the fund who shall administer such fund in accordance with the directions of the executive director and shall issue his warrants upon it in accordance with such regulations as the executive director shall prescribe. He shall maintain within the fund three separate accounts: (1) A clearing account, (2) an unemployment trust fund account, and (3) a benefit account. All moneys payable to the fund, upon receipt thereof by the executive director, shall be forwarded to the treasurer who shall immediately deposit them in the clearing account. Refunds payable pursuant to section 14 of this act may be paid from the clearing account or from the benefit account upon warrants issued by the treasurer under the direction of the executive director. After clearance thereof, all other moneys in the clearing account shall be immediately deposited with the secretary of the treasury of the United States of America to the credit of the account of this state in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this states account in the unemployment trust fund. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited by the treasurer, under the direction of the executive director, in any bank or public depositary in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. The treasurer shall give a separate bond conditioned upon the faithful performance of his duties as custodian of the fund in an amount fixed by the executive director and in a form prescribed by law or approved by the attorney general.
κ1949 Statutes of Nevada, Page 265 (CHAPTER 134, AB 222)κ
the faithful performance of his duties as custodian of the fund in an amount fixed by the executive director and in a form prescribed by law or approved by the attorney general. Premiums for said bond shall be paid from the administration fund. Moneys in the clearing and benefit accounts shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. Such moneys shall be secured by said bank or public depositary to the same extent and in the same manner as required by the general depositary laws of the State of Nevada and collateral pledged shall be maintained in a separate custody account. All sums recovered on the official bond for losses sustained by the unemployment compensation fund shall be deposited in said fund.
(c) Withdrawals. Moneys shall be requisitioned from this states account in the unemployment trust fund solely for the payment of benefits and refunds in accordance with regulations prescribed by the executive director. The executive director shall from time to time requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to this states account therein, as he deems necessary for the payment of benefits for a reasonable future period. Upon receipt thereof the treasurer shall deposit such moneys in the benefit account and the treasurer shall issue his warrants for the payment of benefits solely from such benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All warrants issued by the treasurer for the payment of benefits and refunds shall bear the signature of the treasurer and the counter-signature of the executive director, or his duly authorized agent for that purpose. Any balance of moneys requisitioned from the unemployment trust fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall be either deducted from estimates for, and may be utilized for the payment of, benefits during succeeding periods, or in the discretion of the executive director shall be redeposited with the secretary of the treasury of the United States of America, to the credit of this states account in the unemployment trust fund, as provided in subsection (b) of this section.
(d) Management of Funds Upon Discontinuance of Unemployment Trust Fund. The provisions of subsections (a), (b), and (c) to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to exist and so long as the secretary of the treasury of the United States of America continues to maintain for this state a separate book account of all fund deposited therein by this state for benefit purposes, together with this states proportionate share of the earnings of such unemployment trust fund, from which no other state is permitted to make withdrawals. If and when such unemployment trust fund ceases to exist, or such separate book account is no longer maintained, all moneys, properties, or securities therein belonging to the unemployment compensation fund of this state, shall be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved by the executive director in accordance with the provisions of this act; provided, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits.
κ1949 Statutes of Nevada, Page 266 (CHAPTER 134, AB 222)κ
moneys, properties, or securities therein belonging to the unemployment compensation fund of this state, shall be transferred to the treasurer of the unemployment compensation fund, who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved by the executive director in accordance with the provisions of this act; provided, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the executive director.
[(e) Notwithstanding any requirements of the foregoing subsections of this section, the executive director shall, prior to whichever is the later of (i) 30 days after the close of this session of the legislature and (ii) July 1, 1939, authorize and direct the secretary of the treasury of the United States to transfer from this states account in the unemployment trust fund, established and maintained pursuant to section 904 of the social security act, as amended, to the railroad unemployment insurance account, established and maintained pursuant to section 10 of the railroad unemployment insurance act, an amount hereinafter referred to as the preliminary amount and shall, prior to whichever is the later of (i) 30 days after the close of this session of the legislature and (ii) January 1, 1940, authorize and direct the secretary of the treasury of the United States to transfer from this states account in said unemployment trust fund to said railroad unemployment insurance account an additional amount, hereinafter referred to as the liquidating amount. Both such amounts shall be determined by the social security board, after agreement with the railroad retirement board, and after consultation with the executive director. The preliminary amount shall consist of that proportion of the balance in the unemployment compensation fund as of June 30, 1939, as the total amount of contributions collected from employers (as the term employer is defined in section 1(a) of the railroad unemployment insurance act) and credited to the unemployment compensation fund bears to all contributions theretofore collected under this act and credited to the unemployment compensation fund. The liquidating amount shall consist of the total amount of contributions collected from employers (as the term employer is defined in section 1(a) of the railroad unemployment insurance act) pursuant to the provisions of this act during the period July 1, 1939, to December 31, 1939, inclusive.]
Sec. 9. Section 9 1/2 of the above-entitled act, as added by Statutes 1939, chapter 16, page 12, is hereby amended to read as follows:
Section 9 1/2. The word signature wherever used in this act to refer to the signature of the treasurer and the counter-signature of the [commissioner] executive director or his duly authorized agent for that purpose, and particularly, but without limitation, in section 9 of said act means and shall be deemed to mean and to authorize not alone the handwritten signature or counter-signature of such officers or agent, but also their facsimile signatures, when stamped upon such warrants as are referred to in said act.
κ1949 Statutes of Nevada, Page 267 (CHAPTER 134, AB 222)κ
or agent, but also their facsimile signatures, when stamped upon such warrants as are referred to in said act.
Sec. 10. Section 13 of the above-entitled act, being section 2825.13, 1931-1941 N. C. L. Supplement, as amended by Statutes 1943, chapter 175, page 249, is hereby further amended to read as follows:
Section 13. (a) Special Fund. There is hereby created in the state treasury a special fund to be known as the unemployment compensation administration fund. All moneys which are deposited or paid into this fund are hereby appropriated and made available to the [commissioner] executive director. All moneys in this fund shall be expended solely for the purpose of defraying the cost of the administration of this act, and of the employment security administration law, and for no other purpose whatsoever. All moneys received from the social security board for the fund pursuant to section 302 of the social security act shall be expended solely for the purposes and in the amounts found necessary by the social security board for the proper and efficient administration of these acts. The fund shall consist of all moneys appropriated by this state, and all moneys received from the United States of America or any agency thereof, including the social security board, the railroad retirement board, and the United States employment service, or from any other source, for such purpose. Moneys received from the railroad retirement board as compensation for services or facilities supplied to said board shall be paid into this fund. All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the state treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the [commissioner] executive director for expenditure consistent with this act. Moneys in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. Such moneys shall be secured by the depositary in which they are held, to the same extent and in the same manner as required by the general depositary laws of the state, and collateral pledged shall be maintained in a separate custody account. All sums recovered on any official bond for losses sustained by the unemployment compensation administration fund shall be deposited in said fund.
(b) Reimbursement of Fund. If any moneys received after June 30, 1941, from the social security board under title III of the social security act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any moneys granted after that date to this state pursuant to the provisions of the Wagner-Peyser act, are found by the social security board, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the social security board for the proper administration of this act, it is the policy of this state that such moneys shall be replaced by moneys appropriated for such purpose from the general funds of this state to the unemployment compensation administration fund for expenditure as provided in subsection (a) of this section.
κ1949 Statutes of Nevada, Page 268 (CHAPTER 134, AB 222)κ
as provided in subsection (a) of this section. Upon receipt of notice of such a finding by the social security board, the [commissioner] executive director shall promptly report the amount required for such replacement to the governor and the governor shall at the earliest opportunity submit to the legislature a request for the appropriation of such amount. This subsection shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of title III of the social security act.
Sec. 11. Section 14 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1945, chapter 187, page 320, is further amended to read as follows:
Section 14. (a) Past Due Contributions. When any contribution as provided in this act shall remain unpaid on the date on which it becomes due and payable, as prescribed by the executive director, it shall bear interest at the rate of one per centum for each month or portion of a month thereafter until such payment, plus accrued interest, is received by the executive director. Interest accrued under this subsection shall not be waived under any circumstances. Interest collected pursuant to this subsection shall be paid into the employment security fund.
(b) Collection. (1) If, after due notice thereof, any employer defaults in any payment of contributions, interest or forfeit imposed under this act, the executive director, or his authorized representative, may collect the amount due by civil action brought in the name of the State of Nevada, in the district court, and which shall include the right of attachment.
(2) In addition to or independently of the foregoing remedy by civil action, the executive director, or his authorized representative, after giving to any employer who defaults in any payment of contributions, interest or forfeit provided by this act, fifteen days notice by registered mail, addressed to his last known place of business or address, may file in the office of the clerk of the district court in the county in which the employer has his principal place of business, or if there be no such principal place of business, then in Ormsby County, a certificate which need not be verified, but which shall specify the amount of contribution, interest, and forfeit due, the name and last-known place of business of the employer liable for the same, and which shall contain a statement that the unemployment compensation division has complied with all the provisions of this act in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest, and forfeit set forth in the certificate; provided, however, that the employer may, within said fifteen-day period, pay the amount specified in such notice, under protest, to the executive director, and shall thereupon have the right to initiate, within sixty days following such payment, and to maintain his action against the Nevada unemployment compensation division for a refund of all or any part of and such amount and to recover so much thereof as may have been erroneously assessed or paid.
κ1949 Statutes of Nevada, Page 269 (CHAPTER 134, AB 222)κ
paid. Such an action by the employer shall be commenced and maintained in the district court wherein is located the principal place of business of the employer, and in the event of entry of judgment for the employer the unemployment compensation division shall promptly refund such sum without interest as may be determined by the court. If no such payment under protest is made, upon filing the certificate aforesaid the clerk of the district court shall immediately enter a judgment in favor of the State of Nevada unemployment compensation division, and against the employer in the amount of the contributions, interest, and forfeits set forth in the certificate. No costs or filing fees shall be charged to the State of Nevada in any proceedings, brought under any subsection of this section, nor shall any bond or undertaking be required of the State of Nevada, either in proceedings in the district court or on appeal to the supreme court.
(3) Judgments. An abstract of such judgement or a copy thereof may be recorded with the county recorder of any county in the State of Nevada, and from the time of such recording the amount of the contribution, interest, and forfeit therein set forth shall constitute a lien upon all the real and personal property of the employer in such county, owned by him or which he may afterwards acquire, which lien shall have the force, effect, and priority of a judgment lien. Execution shall issue upon such a judgment upon request of the executive director or his authorized representative in the same manner as execution may issue upon other civil judgments, and sales shall be held under such execution as upon other executions upon civil judgments. In all proceedings under this section the unemployment compensation division shall be authorized to act in its name on behalf of the State of Nevada. Appeals may be taken to the supreme court from the judgment of the district court in the same manner and with the same effect as in other civil cases, except that notice of appeal must be served and filed within sixty days from the entry of judgment.
(c) Priorities Under Legal Dissolutions or Distributions. In the event of any distribution of any employers assets either voluntarily or pursuant to any order of any court under the laws of this state, including any receivership, assignment for the benefit of creditors, adjudicated insolvency, composition, or similar proceeding, the lien for contributions then or thereafter due shall be paid in full, prior to all other liens or claims except prior taxes. In the event of an employers adjudication in bankruptcy, judicially confirmed extension proposal, composition or other proceeding under the federal bankruptcy act of 1898, as amended, contributions then or thereafter due shall be entitled to the same priority as is afforded by that act of taxes due to states.
(d) Refunds. If not later than two years after the date on which any contributions, forfeit, or interest thereon became due, an employer who has paid such contributions, forfeit, or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the executive director shall determine that such contributions, forfeit, or interest, or any portion thereof, was erroneously collected, the executive director shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him, or if such adjustment cannot be made the executive director shall refund said amount, without interest, from the fund; provided, that in no case shall a refund be made with respect to contributions paid on wages which have been included in the determination of an eligible claimant for benefits unless and until it is shown to the satisfaction of the executive director that such determination was due entirely to the fault or mistake of the [division.]
κ1949 Statutes of Nevada, Page 270 (CHAPTER 134, AB 222)κ
such contributions, forfeit, or interest, or any portion thereof, was erroneously collected, the executive director shall allow such employer to make an adjustment thereof, without interest, in connection with subsequent contribution payments by him, or if such adjustment cannot be made the executive director shall refund said amount, without interest, from the fund; provided, that in no case shall a refund be made with respect to contributions paid on wages which have been included in the determination of an eligible claimant for benefits unless and until it is shown to the satisfaction of the executive director that such determination was due entirely to the fault or mistake of the [division.] department; provided further, that refunds of interest and forfeits collected under sections 14, 14.1 and 16(e) and paid into the employment security fund established by section 13.1 of this act, shall be made only from said employment security fund.
Sec. 12. Section 14.1 of the above-entitled act, as added by Statutes 1939, chapter 109, page 141, and amended by Statutes 1941, chapter 185, page 435, is further amended to read as follows:
Section 14.1. (a) Arbitrary Assessments. If an employer shall neglect or refuse to make and file any report of wages and contributions as required by this act or by any regulation of the [commissioner] executive director, or if any report which has been filed is deemed by the [commissioner] executive director to be incorrect or insufficient, and if, within seven days after the [commissioner] executive director has given written notice by mail to the employer to file a sufficient report, the employer fails to file such report, the [commissioner] executive director may make an estimate based upon any information in his possession of the amount of wages paid or payable by the employer for the period or periods in respect to which he failed to report, which said estimate shall be prima facie correct, and upon the basis of said estimated amount shall compute and assess the contribution payable by the employer, adding to the amount of contribution so determined a forfeit equal to ten percent (10%) of such contribution.
(b) Additional Forfeits. When it appears to the [commissioner] executive director that the neglect or refusal of an employer to file a report, as required by this act or by regulation, is willful and deliberate, or fraudulent, or with intent to evade the payment of contributions, there shall be added to the contribution and forfeit provided in the preceding section, a further forfeit equal to twenty-five percent (25%) of the amount of contribution so assessed, which shall become due and payable at the same time as the assessed contribution.
(c) Notice. Upon the levy of any assessment as heretofore provided, the [commissioner] executive director shall forthwith give written notice thereof by mail to the employer at his last-known address. Said notice shall contain the amount of the assessment and forfeit, if any there be, and shall advise the employer of the right to petition for readjustment thereof as hereinafter provided. The assessment shall become final, and the amount of contribution and forfeit therein specified shall become due and payable fifteen days after the date of mailing such notice, except as hereinafter provided.
κ1949 Statutes of Nevada, Page 271 (CHAPTER 134, AB 222)κ
mailing such notice, except as hereinafter provided. An assessment which has become final shall be subject to the same interest as provided in section 14(a) for other unpaid contributions.
(d) Modification of Assessment. At any time within fifteen days after the mailing of notice of assessment, the employer affected thereby may file a verified petition with the [commissioner] executive director praying for readjustment of the assessments so levied; provided, that at the time of filing such petition the employer upon whom an assessment is levied shall deposit such security or bond as the [commissioner] executive director may deem necessary to assure compliance with the provisions of this act. The petition may request a hearing before the [commissioner] executive director and shall specify the objections to the assessment. The [commissioner] executive director may by regulation prescribe the manner in which petitions for modification shall be determined; provided, that such regulations shall guarantee to the employer a fair hearing on the question of his liability for contributions. If, at any time within one year following the date of mailing of notice of assessment, it shall appear to the satisfaction of the [commissioner] executive director that any assessment is unreasonable or unjust, or not in conformity with the facts, he shall have authority to modify such assessment to conform to the facts, as of the date of the original assessment. The order or decision of the [commissioner] executive director modifying an assessment shall be final, and the sum therein specified shall become due and payable ten (10) days after the date of mailing notice of such order or decision to the employer.
(e) Jeopardy Assessment. (1) Whenever the [commissioner] executive director finds that the collection of any contribution computed under the provisions of the law will be jeopardized by delay, he may immediately assess such contribution together with all forfeit which may have accrued, whether or not the final date otherwise prescribed for making such contribution has arrived. Such contribution shall thereupon become immediately due and payable and notice of demand for payment shall be made upon the employer for the payment thereof. Upon failure or refusal to pay such assessed contribution and forfeit, collection thereof may be enforced according to the provisions of the law applicable to the collection of unpaid contributions.
(2) Stay of Collection. When a jeopardy assessment has been made as provided in the foregoing paragraph, the employer may stay its collection until such time as the contributions for the period in question would normally become due, by filing a bond with the [commissioner] executive director in an amount equal to the amount of assessment. Such bond shall be conditioned on the payment of the contribution the proper time and be executed by sureties satisfactory to the [commissioner] executive director, or a cash deposit may be accepted in lieu of such bond.
Sec. 13. Section 14.2 of the above-entitled act, as added by Statutes 1941, chapter 185, page 437, is amended to read as follows:
Section 14.2. (a) Liens. In the event of any distribution of an employers assets, either voluntarily or pursuant to an order of any court under the laws of this state, including any receivership, assignment for the benefit of creditors, adjudicated insolvency, composition, or similar proceeding contributions then or thereafter due shall be a lien upon all of the assets of such employer, said lien to be prior to all other liens or claims except recorded liens, prior taxes and claims for remuneration for services of not more than $250 to each claimant, earned within six months of the commencement of the proceeding.
κ1949 Statutes of Nevada, Page 272 (CHAPTER 134, AB 222)κ
employers assets, either voluntarily or pursuant to an order of any court under the laws of this state, including any receivership, assignment for the benefit of creditors, adjudicated insolvency, composition, or similar proceeding contributions then or thereafter due shall be a lien upon all of the assets of such employer, said lien to be prior to all other liens or claims except recorded liens, prior taxes and claims for remuneration for services of not more than $250 to each claimant, earned within six months of the commencement of the proceeding. The existence of a condition of insolvency, the execution of any assignment, or the institution of any judicial proceeding for legal dissolution or distribution of assets, at a time when the employer shall be in default in payment of contributions, shall cause such lien to attach without action on behalf of the [commissioner] executive director; provided, that within 60 days thereafter the [commissioner] executive director shall cause to be filed with the county recorder of the county in which property is situated a statement of claim of such lien setting forth a true statement of the demand, after deducting all just credits and offsets, and the default of such employer. The county recorder shall record such claims of lien in a book kept for that purpose, which record shall be indexed as are deeds and other instruments. The lien hereby created may be foreclosed by a suit in the district court in the manner provided by law for the foreclosure of other liens on real or personal property. Any lien, as provided in this section, may be released, compromised or satisfied by the [commissioner] executive director, and the property against which a lien is claimed shall be released therefrom by filing a notice of such release or satisfaction with the county recorder of the county in which the notice of a lien claimed was filed.
(b) If any employing unit is delinquent in the payment of any contribution, forfeit or interest provided for in this act, the executive director may, not later than three (3) years after the payment became delinquent, or within six (6) years of the recording of judgment under section 14, give notice of the amount of such delinquency by registered mail to any person having in his possession or under his control any credit or other personal property belonging to such delinquent employing unit, or owing any debt to such employing unit at the time of the receipt of the registered notice. Any person so notified shall neither transfer, pay over, nor make any other disposition of such debt, credit, or other personal property, until the executive director shall have consented thereto in writing, or until thirty (30) days shall have elapsed from and after the receipt of such notice. All persons so notified must, within five (5) days after receipt of such notice advise the executive director of any and all such credits, debts or other personal property in their possession under their control, or owing by them as the case may be. As used in this section the word person includes this state, and any county, municipality, district or other political subdivision thereof.
Sec. 14. Section 14.3 of the above-entitled act, as added by Statutes 1941, chapter 185, page 437, is amended to read as follows:
Section 14.3. Liability of Others. (a) Every assignee, receiver, trustee in bankruptcy, liquidator, administrator, executor, sheriff, constable, or any other person who shall sell substantially all of: (1) the business, (2) the stock of goods, (3) the furniture or fixtures, (4) the machinery and equipment, (5) or the good will of any employing unit shall, not less than five days prior to the date of such sale, notify the [division] department of the name and address of the person conducting such sale, the date, place, and the terms of such sale, and a description of the property to be sold.
κ1949 Statutes of Nevada, Page 273 (CHAPTER 134, AB 222)κ
trustee in bankruptcy, liquidator, administrator, executor, sheriff, constable, or any other person who shall sell substantially all of: (1) the business, (2) the stock of goods, (3) the furniture or fixtures, (4) the machinery and equipment, (5) or the good will of any employing unit shall, not less than five days prior to the date of such sale, notify the [division] department of the name and address of the person conducting such sale, the date, place, and the terms of such sale, and a description of the property to be sold. Any assignee, receiver, trustee in bankruptcy, liquidator, administrator, executor, sheriff, constable or any other person who shall fail to observe the requirements of this section shall be personally responsible for all loss in contribution, interest or forfeit attributable to such failure to notify the [division] department as herein provided.
(b) Any employer who shall, outside the usual course of his business, sell substantially all or any one of the classes of assets hereinabove enumerated and shall quit business, shall within ten days after such sale file such reports as the [commissioner] executive director may prescribe and pay the contributions, interest or forfeits required by this act with respect to wages for employment to the date of said sale. The purchaser shall withhold sufficient of the purchase money to cover the amount of all contributions and forfeits due and unpaid until such time as the seller shall produce a receipt from the [commissioner] executive director showing that the contributions and forfeits have been paid or a certificate showing that no contributions or forfeits are due. If the seller shall fail, within said ten-day period, to produce such receipt or certificate, the purchaser shall pay the sum so withheld to the [commissioner] executive director upon demand. If such purchaser shall fail to withhold purchase money as above provided and the contributions, interest and forfeits shall not be paid within the ten days specified above, such purchaser shall be personally liable for the payment of the contributions and forfeits accrued and unpaid on account of the operation of the business by the former owner.
Sec. 15. Section 15 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1941, chapter 185, page 438, is further amended to read as follows:
Section 15. (a) Waiver of Rights Void. Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this act shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employers contributions, required under this act from such employer, shall be void. No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employers contributions required from him, or require or accept any waiver of any right hereunder by any individual in his employ. Any employer or officer or agent of an employer who violates any provision of this subsection shall, for each offense, be fined not less than $100 nor more than $500 or be imprisoned for not more than six months, or both.
κ1949 Statutes of Nevada, Page 274 (CHAPTER 134, AB 222)κ
(b) Limitation of Fees. No individual claiming benefits shall be charged fees of any kind in any proceeding under this act by the board of review, the [commission] executive director or its or his representatives, or by any court or officer thereof. Any individual claiming benefits in any proceeding before the [commissioner] executive director or the board of review, or his or its representatives, or a court, may be represented by counsel or other duly authorized agent, but no such counsel or agents shall either charge or receive for such services more than an amount approved by the board of review. Any person, firm, or corporation who shall exact or receive any remuneration or gratuity for any services rendered on behalf of a claimant except as allowed by this section and in an amount approved by the board of review shall be fined for each such offense not less than $50 nor more than $500, or imprisonment for not more than six months or both. Any person, firm, or corporation who shall solicit the business of appearing on behalf of a claimant or who shall make it a business to solicit employment for another in connection with any claim for benefits under the act shall be fined for each such offense not less than $50 nor more than $500, or imprisoned for not more than six months or both.
(c) No Assignment of Benefits; Exemptions. Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this act shall be void; and such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debt; and benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessaries furnished to such individual or his spouse or dependents during the time when such individual was unemployed. Any other waiver of any exemption provided for in this subsection shall be void.
Sec. 16. Section 16 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1945, chapter 187, page 322, is further amended to read as follows:
Section 16. (a) (1) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this act, either for himself or for any other person, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment.
(2) Whenever two or more persons shall conspire to obtain or increase any benefit or other payment under this act, by a false statement or representation knowing it to be false, or by knowingly failing to disclose a material fact, or whenever any person makes a series of false statements or representations knowing them to be false, to obtain or increase benefit payments under this act over a period of more than one week, every such person shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county fail for not more than one year, or by both such fine and imprisonment.
κ1949 Statutes of Nevada, Page 275 (CHAPTER 134, AB 222)κ
(3) Any person residing in this state who shall willfully make a false statement or representation, or shall knowingly fail to disclose a material fact to obtain or increase benefits or payments under the provisions of the unemployment insurance law of any other state shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment.
(b) Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from an employing unit under this act, or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder, or to produce or permit the inspection or copying of records as required hereunder, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment. Whenever two or more persons shall conspire to accomplish any of the objects provided in this subsection, every such person 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 more than one year, or by both such fine and imprisonment.
(c) Any person who shall willfully violate any provision of this act or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this act, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment for not longer than six months, or by both such fine and imprisonment.
(d) Any person who, by reason of the nondisclosure or misrepresentation by him or by another, of a material fact (irrespective of whether such nondisclosure or misrepresentation was known or fraudulent) has received any sum as benefits under this act while any conditions for the receipt of benefits imposed by this act where not fulfilled in his case, or while he was disqualified from receiving benefits shall, in the discretion of the executive director, either be liable to have such sum deducted from any future benefits payable to him under this act or shall be liable to repay to the executive director for the unemployment compensation fund, a sum equal to the amount so received by him, and such sum shall be collectible in the manner provided in section 14(b) of this act for the collection of past-due contributions. The executive director may waive the recovery or adjustment of all or part of the amount of any such overpayment which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.
(e) Any employing unit or any officer or agent of any employing unit or any other person who shall fail to submit such reports as are prescribed and required by the executive director within the time prescribed by the executive director shall pay a forfeit of $5 for each such report.
κ1949 Statutes of Nevada, Page 276 (CHAPTER 134, AB 222)κ
prescribed and required by the executive director within the time prescribed by the executive director shall pay a forfeit of $5 for each such report. Any employing unit or any officer or agent of any employing unit or any other person who shall fail to submit any report of wages payable within ten days following the expiration of the time prescribed by the executive director for filing such report shall, in addition to the $5 forfeit herein specified, pay interest upon any contribution involved in such report of 5% for the balance of that month, and 5% for each month or portion of each month thereafter; provided, that the interest so accrued shall not exceed 25% of the amount of contribution; provided further, that when it shall appear to the satisfaction of the executive director that the failure to file reports within the time limited was due to an act of God or other circumstances over which the employing unit, its officers or agent, had no control, then the executive director may in his discretion waive the collection of all or any portion of such forfeit or interest. Forfeits and interest as provided in this subsection shall be paid into the employment security fund.
Sec. 17. Section 17 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1939, chapter 109, page 144, is further amended to read as follows:
Section 17. (a) In any civil action to enforce the provisions of this act the [commissioner] executive director, the board of review, and the state may be represented by any qualified attorney who is employed by the [commissioner] executive director and is designated by him for the purpose or at the [commissioners] executive directors request by the attorney general, or the district attorney of the proper county.
(b) All criminal actions for violation of any provision of this act, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the attorney general of the state; or by the prosecuting attorney of any county in which the employer has a place of business or the violator resides.
Sec. 18. Section 18.1 of the above-entitled act, as added by Statutes 1941, chapter 185, page 441, is amended to read as follows:
Section 18.1. The [commissioner] executive director is authorized to make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers made available to him with respect to the administration of this act as he deems necessary or appropriate to facilitate the administration of another state or federal unemployment compensation or public employment service law, and in like manner, to accept and utilize information, services and facilities made available to this state by the agency charged with the administration of any such other unemployment compensation or public employment service law. To the extent permissible under the laws and constitution of the United States, the [commissioner] executive director is authorized to enter into or cooperate in arrangements whereby facilities and services provided under this act and facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under the unemployment compensation law of this state or under a similar law of such government.
κ1949 Statutes of Nevada, Page 277 (CHAPTER 134, AB 222)κ
utilized for the taking of claims and the payment of benefits under the unemployment compensation law of this state or under a similar law of such government.
Sec. 19. Section 19 of the above-entitled act, being Statutes 1937, chapter 129, page 289, is hereby repealed. [Section 19. Temporary Appropriation. For the purposes of initiating the administration of this act prior to the receipt of the first administrative grant therefor from the social security board, the sum of one thousand ($1,000) dollars, or so much thereof as may be necessary, is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the administration of this act, payable only on the warrant of the state controller upon voucher approved by the director. Such total sum shall be repaid to the state treasury out of the unemployment administration fund upon receipt of the first administrative grant from the social security board.]
Sec. 20. Section 21 1/2 of the above-entitled act, being Statutes 1937, chapter 129, page 290, is hereby renumbered as Section 21.1, and amended to read as follows:
Section [21 1/2.] 21.1. If the tax imposed by title IX of the federal social security act or any amendments thereto, or any other federal tax against which contributions under this act may be credited, shall for any cause become inoperative, the provisions of this act, by virtue of that fact, shall likewise become inoperative, and any unobligated funds in the state unemployment compensation fund or returned by the United States treasurer because such federal social security act is inoperative shall be refunded to the contributors proportionately to their unexpended contributions under the regulations of the [commissioner] executive director.
Sec. 21. This act shall be in full force and effect on and after its passage and approval.
________
Assembly Bill No. 223Mr. McCuistion. (By Request)
CHAPTER 135
AN ACT to amend an act entitled An act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; providing for the levy of assessments; and other matters relating thereto, approved March 23, 1937, as amended.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1947, chapter 112, page 413, is further amended to read as follows:
κ1949 Statutes of Nevada, Page 278 (CHAPTER 135, AB 223)κ
Section 3. (a) Payment of Benefits. Twenty-four months after the date when contributions first accrue under this act, benefits shall become payable from the fund; provided, that wages earned for services performed in the employ of an employer, as defined in the railroad unemployment insurance act (52 Stat. 1094), shall not be included for purposes of determining eligibility under section 4(e), or total amount of benefits under subsection (e) of this section, with respect to any benefit year commencing on or after July 1, 1939, nor shall any benefits with respect to unemployment occurring on and after July 1, 1939, be payable on basis of such wages under the subsections of this section. All benefits shall be paid through employment offices in accordance with such regulations as the executive director may prescribe.
(b) Weekly Benefit Amount. An individuals weekly benefit amount shall be an amount equal to [one-twentieth] one twenty-fifth of his total wages for employment by employers during that quarter of his base period in which such total wages were highest, but not more than [twenty] twenty-five dollars per week, nor less than eight dollars per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
(c) Weekly Benefit for Unemployment. Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount, less that part of the remuneration (if any) payable to him with respect to such week which is in excess of $3. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1. [For the purpose of this subsection, no individual shall be deemed to be unemployed in any week in which he is self-employed for more than three days.]
(d) Dependency Allowances. Each eligible individual who is unemployed in any week shall be paid with respect to such week, in addition to his weekly benefit for unemployment, a dependency allowance of [two] three dollars for the first dependent and [two] three dollars for each additional dependent, but not more than [six] twelve dollars shall be paid to an individual as dependents allowance with respect to any one week of unemployment, nor shall the payment for benefit amount and dependents allowances combined exceed the sum of [twenty-six] thirty-seven dollars for any week, [and] nor shall the total payment in any week for benefit amount and dependents allowances combined exceed six per centum of an individuals total wages for employment by employers during that quarter of his base period in which such total wages were highest, except that if the resulting figure is not a multiple of $1 it shall be computed to the next higher multiple of $1. No dependency allowances shall be paid to an individual or his wife living in the same household when both simultaneously are being paid unemployment benefits under this act.
(e) Duration of Benefits. Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (1) [twenty] twenty-six times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period; provided, that such total amount of benefits if not a multiple of $1 shall be computed to the next higher multiple of $1.
κ1949 Statutes of Nevada, Page 279 (CHAPTER 135, AB 223)κ
benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period; provided, that such total amount of benefits if not a multiple of $1 shall be computed to the next higher multiple of $1. For the purposes of this section, and of section 4(e) hereof, wages shall be counted as wages for employment by employers for benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of section 2.8 or section 8(c) with respect to becoming an employer.
(f) Protection of Fund. When, and if, the balance remaining in the unemployment compensation fund shall be reduced to not more than [three] eight million five hundred thousand dollars, the executive director shall protect the solvency of said fund by [discontinuing the payment of dependents allowances, and reducing the maximum weekly benefit amount to fifteen dollars and the minimum weekly benefit amount to five dollars. [reducing the maximum weekly benefit amount to twenty dollars and the total amount of benefits, to whichever is the lesser of (1) twenty times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period. Such reduced benefits shall remain in effect until such time as the balance in the fund shall thereafter: (1) increase to ten million dollars, at which time the provisions of section 3(c) and 3(e) of this act shall again be effective; or (2) decrease to three million five hundred thousand dollars, at which time the executive director shall further protect the solvency of said fund by discontinuing the payment of dependency allowances, and by reducing the maximum weekly benefit amount to fifteen dollars and the minimum weekly benefit amount to five dollars. Such reduced benefit shall be in effect until such time as the balance in said fund thereafter increases to five million dollars, at which time the other provisions of this section shall apply.
Sec. 2. Section 4 of the above-entitled act, being Statutes 1937, chapter 129, as amended by Statutes 1947, chapter 112, page 415, is further amended to read as follows:
Section 4. An unemployed individual shall be eligible to receive benefits with respect to any week only if the executive director finds that-
(a) He has registered for work at, and thereafter has continued to report at, an employment office in accordance with such regulations as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this act.
(b) He has made a claim for benefits in accordance with the provisions of section 6(a) of this act.
(c) He is able to work, and is available for work; provided, no claimant shall be considered ineligible in any week of unemployment for failure to comply with the provisions of this subsection, if such failure is due to an illness or disability which occurs after he has filed an initial claim for unemployment benefits, and no suitable work has been offered after the beginning of such illness or disability.
κ1949 Statutes of Nevada, Page 280 (CHAPTER 135, AB 223)κ
claimant shall be considered ineligible in any week of unemployment for failure to comply with the provisions of this subsection, if such failure is due to an illness or disability which occurs after he has filed an initial claim for unemployment benefits, and no suitable work has been offered after the beginning of such illness or disability.
[(d) He has been unemployed for a waiting period of one week. No week shall be counted as a week of unemployment for the purposes of this subsection:
(1) Unless it occurs within the benefit year which includes the week with respect to which he claims payment of benefits;
(2) If benefits have been paid or are payable with respect thereto;
(3) Unless the individual was eligible for benefits with respect thereto as provided in sections 4 and 5 of this act, except for the requirements of this subsection and of subsection (e) of section 5.]
[(e)] (d) He has within his base period, earned wages from employers, equal to thirty (30) times his weekly benefit amount; provided, however, that if an individual fails to qualify for a weekly benefit amount of [1/20th] 1/25th of his high-quarter earnings, but can qualify for a weekly benefit amount of $1 less than [1/20th] 1/25th of his high-quarter earnings, his weekly benefit amount shall be $1 less than [1/20th] 1/25th of his high-quarter earnings.
Sec. 3. Section 5 of the above-entitled act, being section 2825.05 N. C. L. 1931-1941 Supplement, as amended by Statutes 1947, chapter 112, page 416, is further amended to read as follows:
Section 5. An individual shall be disqualified for benefits-
(a) For the week in which he has left his work voluntarily without good cause, if so found by the executive director, and for not more than fifteen consecutive weeks thereafter, occurring within the current benefit year, as determined by the executive director according to the circumstances in each case.
(b) For the week in which he has been discharged by his most recent employing unit for misconduct connected with his work, if so found by the executive director, and for not more than fifteen consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director in each case according to the seriousness of the misconduct.
(c) If the executive director finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the executive director or to accept suitable work when offered him, such disqualification shall continue for the week in which such failure occurred and for not more than fifteen consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director according to the circumstances in each case.
(1) In determining whether or not any work is suitable for an individual, the executive director shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation.
κ1949 Statutes of Nevada, Page 281 (CHAPTER 135, AB 223)κ
prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation.
(2) Notwithstanding any other provisions of this act, no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
(d) For any week with respect to which the executive director finds that his total or partial unemployment is due to a labor dispute in active progress at the factory, establishment or other premises at which he is or was last employed; provided, that this subsection shall not apply if it is shown to the satisfaction of the executive director that-
(1) He is not participating in or financing or directly interested in the labor dispute which caused his unemployment; and
(2) He does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute there were members employed at the premises at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the labor dispute; provided, that if in any case separate branches of work which are commonly conducted, as separate business in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment or other premises.
(e) For any week with respect to which or to a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States; provided, that if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, this disqualification shall not apply.
(f) For fifty-two weeks from the date [of] an offense is committed which results in his conviction under the provisions of section 16(a) of this act.
(g) For any week with respect to which or to a part of which he is registered for and in attendance at any established school, college or university; provided, that nothing in this subsection shall apply to night or vocational training schools.
(h) For any week, after the employment of an individual has been discontinued because such individual left work voluntarily to marry and for all weeks subsequent thereto until such individual has earned not less than $50 (fifty dollars) in subsequent bona fide employment.
________
κ1949 Statutes of Nevada, Page 282κ
Assembly Bill No. 137Messrs. Capurro and Anderson.
CHAPTER 136
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 135 of the above entitled act, being section 3656.135, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:
Section 135. The [state controller, acting as ex officio insurance commissioner,] state board of finance shall place all insurance required by the State of Nevada upon its property, dealing only with companies authorized to do business in the state; and shall also have the power to inspect all state buildings and order such fire-extinguishing and safety appliances as shall be deemed necessary for the protection of the property against fire; and shall have the further power to order the removal of combustibles and rubbish from said property, or order such changes in the entrances or exits of the buildings as shall insure the safety of the inmates, together with such fire escapes as [he] it may deem necessary. The state board of finance is hereby authorized to use the facilities of the office of insurance commissioner, to carry out the provisions of this act.
Sec. 2. Section 136 of the above entitled act, being section 3656.136, 1929 N. C. L., Supp. 1941, is hereby amended to read as follows:
Section 136. Should the commissioners or board in charge of such state property refuse to comply with the order of the state [insurance commissioner] board of finance within thirty (30) days after such order reaches them, the [insurance commissioner] board of finance shall have the power to order the required work done and the required fire-extinguishing and safety appliances installed at the expense of the commission or board having charge of said property, and payment for the same shall be a valid claim against the state.
Sec. 3. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act shall take effect immediately after its passage and approval.
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κ1949 Statutes of Nevada, Page 283κ
Senate Bill No. 127Senator Johnson.
CHAPTER 137
AN ACT to amend an act entitled An act to provide for the creation of corporations sole, and defining the powers thereof, and other matters relating to such corporations, approved March 2, 1915, as amended.
[Approved March 24, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 3224 N. C. L. 1929, is hereby amended to read as follows:
Section 2. Any person being the archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, or other presiding officer, or clergyman, of any church or religious society or denomination, who may have been duly chosen, elected, or appointed, in conformity with the constitution, canons, rites, regulations, or discipline of said church or religious society, and in whom shall be vested the legal title to property held for the purposes, use, or benefit of such church or religious society, may make and subscribe written articles of incorporation, in duplicate, acknowledge the same before some officer authorized to take acknowledgment, and file one of such articles in the office of the secretary of state, and retain possession of the other.
SEC. 2. Section 3 of the above-entitled act, as amended, being section 3225, N. C. L. 1929, is further amended to read as follows:
Section 3. The articles of incorporation shall specify:
1. The name of the corporation by which it shall be known; which such name shall be the name of the person making and subscribing the articles and/or the title of his office in such church or religious society naming it, if desired; and followed by the words and his successors, a corporation sole.
2. The object of said corporation;
3. The estimated value of the property at the time of making the articles of incorporation;
4. The title of the person making such articles, and the manner in which any such vacancy occurring in the incumbency of such archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, or other presiding officer, or clergyman is required by the rules, regulations, or discipline of such church, society, or denomination to be filled.
Sec. 3. Section 8 of the above-entitled act, being section 3230 N. C. L. 1929, is hereby amended to read as follows:
Section 8. In the event of the death or resignation of any such archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, or other presiding officer, or clergyman, or of his removal from such office by the person or body having the authority to remove him when such person is at the time a corporation sole, his successor in office, as such corporation sole, shall be vested with the title to any and all property held by his predecessor, as such corporation sole, with like power and authority over the same, and subject to all the legal liabilities and obligations with reference thereto.
κ1949 Statutes of Nevada, Page 284 (CHAPTER 137, SB 127)κ
property held by his predecessor, as such corporation sole, with like power and authority over the same, and subject to all the legal liabilities and obligations with reference thereto. Such successor shall file in the office of the county recorder of each county wherein any of the said real property is situated, a certified copy of his commission, certificate, or letter of election or appointment.
Sec. 4. This act shall be effective from and after its passage and approval.
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Assembly Bill No. 283Mr. Embry. (By Request)
CHAPTER 138
AN ACT to provide an appropriation for the general support of the office of state controller.
[Approved March 25, 1949]
Whereas, Exceptionally heavy demands upon the office of state controller during the current biennium has required the expenditure of $3,230 in postage alone; and
Whereas, Such expenditure is greatly in excess of the amount estimated, and normally required, for the entire biennial period; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any moneys in the state treasury, not otherwise appropriated, the sum of nine hundred ($900) dollars for the general support of the office of state controller for the remainder of the fiscal year ending June 30, 1949.
Sec. 2. This act shall be effective immediately upon its passage and approval.
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Assembly Bill No. 171Messrs. Christensen and Cross.
CHAPTER 139
AN ACT providing for the better protection of the lives and limbs of passengers and employees on passenger trains, cabooses, locomotives, motors and diesel engines operated by railroad companies or corporations in the State of Nevada, providing for the equipment thereof with emergency first-aid kits, designating such kits and the use thereof, providing penalties for the violation hereof, and other matters relating thereto.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. On and after the first day of October 1949, every railroad company or corporation and/or the receiver or receivers thereof owning and/or operating any railroad wholly or partly within this state shall equip with and maintain in each, every and all their passenger trains, cabooses, locomotives and motors or diesel engines used in the propelling of trains or switching of cars, the emergency first-aid kits as in this act provided.
κ1949 Statutes of Nevada, Page 285 (CHAPTER 139, AB 171)κ
shall equip with and maintain in each, every and all their passenger trains, cabooses, locomotives and motors or diesel engines used in the propelling of trains or switching of cars, the emergency first-aid kits as in this act provided.
Sec. 2. All such railroad companies, corporations and/or the receiver or receivers thereof, shall equip and maintain each of their passenger trains, cabooses, locomotives, motors or diesel engines, as set forth in section 1 of this act, with an emergency first-aid kit composed of the following articles: 1 pair scissors; 2 wire gauze splints; 1 box roller bandages; 1 tube of castor oil; 1 dozen triangular bandages; 2 packages plain gauze, yard width; 2 packages 2-inch bandage compresses; a supply of burn ointment-petroleum or other like ointment-and a disinfectant such as methylate, metaphine or iodine. Each passenger train and each caboose shall be equipped with at least one stretcher. All of the contents of the hereinbefore mentioned emergency first-aid kits, except the stretchers, shall be stored on each passenger train, caboose, locomotive, motor or diesel engine, in a clean, sanitary and sterile container and in an accessible place at all times, which said places including the storage places of stretchers shall be plainly designated.
Sec. 3. The employee of any such railroad company, corporation or the receiver or receivers thereof, having charge of any passenger train caboose, locomotive, motor or diesel engine shall as soon as possible report in writing to the office or officer designated by such company, corporation or receiver for such purpose, whenever any of said emergency first-aid kit has been used or has been found missing in order to facilitate the replacement thereof; provided always, that the emergency first-aid kit shall only be used to render first medical or surgical aid to injured passengers, employees, or other injured persons requiring such aid at the first possible moment.
Sec. 4. Any railroad company, corporation and/or the receiver or receivers thereof, refusing, neglecting or failing to comply with the provisions of this act shall be liable for a penalty to the State of Nevada of twenty-five ($25) dollars for each and every failure to equip a passenger train, caboose, locomotive or motor or diesel engine with the emergency first-aid kit specified in section 1 of this act, said penalty to be collected in a civil action therefor upon direction of the attorney general by the district attorney of any county in the state through which said railroad company, corporation or receiver operates its said railroad.
Sec. 5. Any person or any employee of any railroad company, corporation or the receiver or receivers thereof, who shall remove, carry away from its proper place or use any emergency first-aid kit provided in this act, except for the purpose of administering first-aid in the event of injury to any passenger, employee, or other person in any accident whereby said kit may be made available at once, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five ($25) dollars.
Sec. 6. This act shall be effective on and after October 1, 1949.
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κ1949 Statutes of Nevada, Page 286κ
Assembly Bill No. 336Lyon County Delegation.
CHAPTER 140
AN ACT to amend an act entitled An act to incorporate the town of Yerington, in Lyon County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1907, as amended.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of the above-entitled act, being section 9 of chapter LXXII, 1907 Statutes of Nevada, is hereby amended to read as follows:
Section 9. The mayor shall receive such salary as the council shall prescribe by ordinance, not exceeding the sum of [three hundred] six hundred dollars per annum; provided, that when such salary is fixed, the same shall not be changed so as to increase the same oftener than once every two years. [; and provided further, that said salary of mayor shall be for the first term and is hereby fixed at the sum of one dollar per annum.]
Sec. 2. Section 13 of the above-entitled act, being section 13 of chapter LXXII, 1907 Statutes of Nevada, is hereby amended to read as follows:
Section 13. A majority of all the members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and, with the approval of the mayor, compel the attendance of the absent members. The council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions and all proceedings must be public. The councilmen shall receive only such salary as may be prescribed by ordinance, not exceeding [one hundred] two hundred dollars per annum; provided, that such salary when fixed shall not be changed so as to increase the same oftener than once every two years [; and provided further, that such salary shall be the sum of one dollar per annum for the first two years of such service, and shall be full compensation for all such services rendered].
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 287κ
Assembly Bill No. 258Mr. Pruett (Douglas).
CHAPTER 141
AN ACT to provide temporary salary raises for the elective officers of Douglas County, State of Nevada; providing for the effective dates hereof; and suspending the operation of certain acts.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law, the following officers of Douglas County, State of Nevada, shall be paid the following salaries:
Sheriff ........................................................................................................ $3,300.00
Assessor ................................................................................................... 3,600.00
County Clerk-Treasurer .......................................................................... 3,600.00
Recorder-Auditor ..................................................................................... 2,400.00
District Attorney ...................................................................................... 2,100.00
County Commissioners, each ................................................................ 660.00
Sec. 2. The amounts set forth in the foregoing section hereof as salaries are annual salaries, and shall be paid as other county salaries are paid.
Sec. 3. This act is not intended to repeal the provisions of any existing statutes concerning the salaries of county officers of Douglas County, State of Nevada, but is intended, and shall be construed, to suspend the operation of such statutes for the effective life of this statute insofar as its provisions conflict.
Sec. 4. This act shall be in effect from and after the first day of the first month following its passage and approval and shall expire by limitation of time two years thereafter.
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Assembly Bill No. 327Mineral County Delegation.
CHAPTER 142
AN ACT to amend an act entitled An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 105 of the above-entitled act, the same being section 1207, 1929 N. C. L., is hereby amended to read as follows:
Section 105. Whenever one-fourth of the [legal] registered voters of any city now existing or hereafter created, whether by general or special law, shall petition the district court in and for the county wherein such corporation is situated for the disincorporation of said city, it shall cause to be published, for at least thirty days, a notice stating the question of disincorporating such corporation will be submitted to the [legal] registered voters of the same at the next municipal election, or at a special election as the aforesaid petition shall request, and the form of the ballot shall be For Disincorporation or Against Disincorporation.
κ1949 Statutes of Nevada, Page 288 (CHAPTER 142, AB 327)κ
wherein such corporation is situated for the disincorporation of said city, it shall cause to be published, for at least thirty days, a notice stating the question of disincorporating such corporation will be submitted to the [legal] registered voters of the same at the next municipal election, or at a special election as the aforesaid petition shall request, and the form of the ballot shall be For Disincorporation or Against Disincorporation. Not more than one of such elections shall be held in two years.
In the event that a special election is requested in the petition, the district court shall set the date of the special election not less than forty-five (45) nor more than sixty (60) days from the date of the first publication notice.
The registered voters provided for in this section shall be determined from the registration lists as taken from the office of the county clerk for all precincts in said city at the last general election held in the county.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 193Committee on Ways and Means.
CHAPTER 143
AN ACT to amend an act entitled An act setting aside and appropriating certain moneys for the maintenance and support of the University of Nevada, and defining the powers and duties of the board of regents, and of the state controller in relation thereto, approved March 26, 1913.
[Approved March 26, 1949]
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 section 7740 Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 1. The interest derived from the investment of all moneys arising from the sale of the 90,000 acres of land granted to the State of Nevada by act of Congress approved July 2, 1862; the interest derived from the investment of all moneys arising from the sale of the seventy-two sections of land granted to the State of Nevada by act of Congress approved July 4, 1866, for the establishment and maintenance of a university; all money paid as interest on deferred installments on purchase of lands named in this act which may be sold under contract as provided in section 9 of an act entitled An act to provide for the selection and sale of lands, etc., approved March 4, 1871; and all money arising from [the] an ad valorem tax [on] of not to exceed one cent (1’) on each one hundred dollars ($100) of all taxable property in the State of Nevada, including net proceeds of mines and mining claims, for university purposes, is hereby set aside and inviolably appropriated for the support and maintenance of the University of Nevada, and shall be paid out for the purposes designated in the acts creating the several funds. [without further appropriation.] Additional state maintenance and support of the University of Nevada shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
κ1949 Statutes of Nevada, Page 289 (CHAPTER 143, AB 193)κ
of the University of Nevada shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 356Mr. McCuistion.
CHAPTER 144
AN ACT to authorize the board of county commissioners of Elko County, Nevada, to levy a special tax to be used to retire an indebtedness incurred by the Elko county fair board, and authorizing transfer of surplus to general fund.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Elko County is hereby authorized, subject to the limitations of this act, to levy a special tax upon all taxable property within said Elko County for the years 1949 and 1950.
Sec. 2. The special tax authorized by section 1 hereof shall be used exclusively for the retirement of an indebtedness of $41,084, heretofore incurred by the Elko County fair board, due to increased costs of operations, material, labor, supplies, and an extensive improvement program. Such indebtedness shall be divided into two equal portions, and one of such portions shall be paid with the proceeds from the tax authorized for each of the years 1949 and 1950.
Sec. 3. When the indebtedness mentioned in section 2 hereof is paid in full, the board of county commissioners of Elko County is hereby authorized, without necessity for further legislative enactment, to transfer the balance in any special fund set up for the payment of said indebtedness, into the general fund.
Sec. 4. This act shall be effective from and after its passage and approval.
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Senate Bill No. 170Senator Strosnider.
CHAPTER 145
AN ACT fixing the compensation of the county officers of Lyon County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Lyon County, Nevada, their deputies and such other employees as are named in this act shall receive the following salaries in full compensation for all services rendered by them.
κ1949 Statutes of Nevada, Page 290 (CHAPTER 145, SB 170)κ
the following salaries in full compensation for all services rendered by them.
Sec. 2. The district attorney of Lyon County, Nevada, shall receive a salary of three thousand six hundred dollars ($3,600) per annum for all his services as such officer; the district attorney of Lyon County is hereby authorized and empowered to employ one person to act as his secretary, who shall receive as salary an amount set by the board of county commissioners; the district attorney shall be allowed only his actual expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Lyon County or any governmental agency.
Sec. 3. The sheriff-assessor of Lyon County shall receive the sum of three thousand nine hundred dollars ($3,900) per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided further, that when it becomes necessary in the discharge of other official duties for the sheriff-assessor to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff-assessor of Lyon County is hereby authorized and empowered to employ one undersheriff-deputy assessor who shall receive a salary not to exceed three thousand two hundred forty dollars ($3,240) per annum; provided, that in cases of emergency and when the board of county commissioners deems it necessary, the sheriff-assessor may, with the consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue, and shall be paid at the rate of seven dollars and fifty cents ($7.50) per day, but not to exceed two hundred twenty-five dollars ($225) per month, for services performed in any one month by any such deputy.
Sec. 4. The county clerk and ex officio treasurer of Lyon County, State of Nevada, and ex officio clerk of the district court of the first judicial district of the State of Nevada, in and for the county of Lyon, shall receive as salary the sum of three thousand six hundred dollars ($3,600) per annum; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county clerk and ex officio treasurer may appoint one deputy who shall receive a compensation in an amount not to exceed two thousand eight hundred eighty dollars ($2,880) per annum.
Sec. 5. The county recorder in and for the county of Lyon, State of Nevada, and as ex officio auditor, shall receive the sum of three thousand six hundred dollars ($3,600) per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount not to exceed two thousand eight hundred eighty dollars ($2,880) per annum.
κ1949 Statutes of Nevada, Page 291 (CHAPTER 145, SB 170)κ
all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount not to exceed two thousand eight hundred eighty dollars ($2,880) per annum.
Sec. 6. The county commissioners of Lyon County, Nevada, shall receive the sum of one thousand two hundred dollars ($1,200) per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed ten cents (10’) per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat.
Sec. 7. All annual salaries herein provided shall be payable monthly in twelve equal installments.
Sec. 8. The county commissioners of Lyon County, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such periods of time as may be necessary and to fix their compensation in an amount not to exceed seven dollars and fifty cents ($7.50) per day or two hundred and twenty-five dollars ($225) per month, for any such assistance; and are also authorized and empowered to fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistants; and to fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; provided, such rate shall not be in excess of ten cents (10’) per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any officer.
Sec. 9. Chapter 58, 1923 Statutes of Nevada, entitled An act concerning the county officers in the county of Lyon, State of Nevada, consolidating certain offices in said county, fixing the salary and compensation of said officers, regulating the appointment of deputies and the compensation thereof, requiring the officers of said county to make report of all fees collected by them to the board of county commissioners, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith, and chapter 123, 1945 Statutes of Nevada, are hereby repealed. And all other acts and parts of acts, insofar as they are inconsistent with the provisions of this act, are hereby repealed.
Sec. 10. This act shall be in full force and effect from and after April 1, 1949, and shall expire on the 31st day of March 1951.
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κ1949 Statutes of Nevada, Page 292κ
Assembly Bill No. 128Committee on Fish and Game.
CHAPTER 146
AN ACT to amend an act entitled An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the act mentioned in the title of this act (Chap. 101, Stats. 1947, page 349) is hereby amended to read as follows:
Section 2. The words to hunt and their derivatives hunting, hunted, etc., wherever used in this act, shall mean the search for or pursuit of [wild] game animals or game birds for the purpose and with the means of capturing and killing the same, and shall include the shooting, killing, capturing, wounding, injuring, or crippling of [wild] game animals or game birds, and the pursuing, tracking, calling, baiting, and decoying of such animals or birds with the intent to shoot, kill, capture, wound, injure, or cripple the same, and the disturbing or worrying of [wild] game animals or game birds whether the same result in the shooting, killing, capturing, wounding, injuring or crippling or not, and every attempt to shoot, kill, capture, wound, injure, cripple, pursue, track, call, bait or decoy such [wild] game animals or game birds, and every act of assistance to any other person in shooting, killing, capturing, wounding, injuring, crippling, pursuing, tracking, calling, baiting, or decoying [wild] game animals or game birds.
It shall be unlawful for any person to hunt [wild] game animals with any revolver or self-loading pistol, or in any manner other than with gun or rifle, or bow and arrow, held in hand, but excluding crossbow and bolt.
Sec. 2. Section 6 of said act is hereby amended to read as follows:
Section 6. The words open season, wherever used in this act, shall be held to mean the time during which it shall be lawful to hunt, trap, or fish, for game animals, fur-bearing animals, game birds or fish, in obedience to this act and any limitation duly made and declared by any state or county board pursuant to authority granted by this act.
κ1949 Statutes of Nevada, Page 293 (CHAPTER 146, AB 128)κ
declared by any state or county board pursuant to authority granted by this act. Each period of time prescribed as an open season shall be construed to include the first and last days thereof. The words closed season, wherever used in this act, shall be held and construed to mean any period of time other than the open season.
Sec. 3. Section 8 of said act is hereby amended to read as follows:
Section 8. [The game animals, fur-bearing animals, game birds, and nongame birds in the State of Nevada and the game fish in the waters of the State of Nevada shall be preserved, protected, and perpetuated, and to that end such game animals, fur-bearing animals, game birds, nongame birds, and game fish.] Wild animals, wild birds and fish in this state not domesticated and in their natural habitat are part of the natural resources belonging to the people of the State of Nevada. Game animals, game birds and game fish shall not be chased, pursued, taken, hunted, trapped, or fished for at such times or places or by such means or in such manner as will impair the supply thereof, nor during any closed season, nor by the use of aircraft or motor vehicles at any time.
Sec. 4. Section 9 of said act is hereby amended to read as follows:
Section 9. There is hereby created the state board of Fish and Game Commissioners which shall consist of seventeen members, one from each of the counties of the state, and each of whom shall be a citizen of the State of Nevada, and an actual and bona fide resident of the county from which he or she is selected as herein provided. Upon the effective date of this act, the governor shall appoint the members of said commission to serve until their successors shall be elected and qualify. At the general election in 1948, there shall be elected in each county of the state on a nonpartisan ballot, one person as state fish and game commissioner who shall serve without salary, but who shall be allowed the actual and necessary expenses of his office. The term of office of each such commissioner, first elected at the 1948 general election, shall be: from the counties of Elko, Lincoln, Nye, Esmeralda, Lyon, Eureka, Pershing, and Washoe, two years; from the counties of White Pine, Clark, Mineral, Douglas, Lander, Churchill, Ormsby, Humboldt, and Storey, four years; provided, that the term of office of each commissioner, after the expiration of the aforesaid terms, shall be four years. The said state fish and game commissioners shall, as soon as appointed under this act, and each two years thereafter, meet and organize by election of an executive board of five members from the membership of said commission, one member of said board to be elected from each of the five districts as defined in section 21 of this act, which executive board shall further elect one member of said executive board as chairman, and one member of said executive board as secretary, such officers to act as chairman and secretary, respectively, of the commission. The commission shall have its principal place of business and maintain its office in [Carson City] such city and location as to it may seem best for the convenience of the public and the efficient discharge of its duties, hold regular meetings at that place semiannually in each year, and the first regular meeting shall be prior to March 15 of each year.
κ1949 Statutes of Nevada, Page 294 (CHAPTER 146, AB 128)κ
be prior to March 15 of each year. Special meetings of the commission may be held at such times and places as may be deemed necessary and proper. Nine members of said state board of fish and game commissioners shall constitute a quorum for the transaction of any and all business as may come before said commissioners. All accounts for expenditures made or incurred by said board of fish and game commissioners, or by the executive board, or by any commissioner pursuant to the provisions of this act, shall be approved by the said executive board and, upon being further approved by the state board of examiners, warrants for the respective amounts shall be drawn on the state treasurer.
The executive board shall have such powers and duties as may be conferred upon it by the commission, commensurate with this act, and shall be responsible to and subject to the direction of the commission. The board shall meet at such times and places as may be deemed necessary and proper.
In the event of a vacancy on the commission caused by death, resignation, failure of election, or a change of residence to a county other than that which the member was elected to represent, or other cause, the governor shall, within thirty (30) days, appoint an actual and bona fide resident within the county affected by the vacancy [to fill the unexpired term] until the vacancy can be filled by election. The governor may declare a vacancy for any of the causes provided, and make his appointment after reviewing the case as presented to him by the county game management board or by a representative sportsmans organization within the county affected.
Sec. 5. Section 12-a is hereby added to said act immediately following section 12 and shall read as follows:
Section 12-a. The county auditors and county treasurers in the respective counties shall be responsible for the safety and preservation of the county fish and game fund in their county to the same extent as they are in respect of all other moneys in the county treasury and they shall observe and be bound by the approved budget governing the disposition of the same and currently report their doings in connection therewith.
Sec. 6. Section 13 of said act is hereby amended to read as follows:
Section 13. There is hereby created within each of the several counties of the state, a county game management board which shall consist of three members, who shall serve without salary or compensation. Immediately after the effective date of this act, the county commissioners of each county shall appoint three persons, citizens of Nevada and actual bona fide residents of the county, to serve as the first county game management board. Two of these members shall be appointed for the period expiring December 31, 1948, and one member shall be appointed for the period expiring December 31, 1950.
If any vacancy in office of the first appointed board shall occur, it shall be filled by appointment of the county commissioners for the remainder of the first appointive term. On the expiration of the first appointive term two members shall be appointed by the county commissioners for a two-year term expiring December 31, 1950, and one member for the term expiring December 31, 1952, and likewise in all succeeding terms, and vacancies in such offices during such additional terms shall be filled as aforesaid; [The boards of county commissioners in the respective counties shall fill by appointment the positions on the county game management boards at such times as the terms of office of the members shall expire;] provided, however, that upon the filing of a petition containing the signatures of ten percent (10%) or more of the qualified electors who voted for the office of district attorney in any county at the last general election within thirty (30) days preceding the last day for filing of declaration of candidacies as in any general election, requesting that the members of the game management board be elected, the county clerk shall declare an election to fill the vacancies on the board resulting from the expiration of the regular terms of the members on such board, and shall accept nominations of candidacies for these positions and shall place the names of the candidates on the regular general election ballot, doing all things that are necessary and required in such matters under the general election laws.
κ1949 Statutes of Nevada, Page 295 (CHAPTER 146, AB 128)κ
member for the term expiring December 31, 1952, and likewise in all succeeding terms, and vacancies in such offices during such additional terms shall be filled as aforesaid; [The boards of county commissioners in the respective counties shall fill by appointment the positions on the county game management boards at such times as the terms of office of the members shall expire;] provided, however, that upon the filing of a petition containing the signatures of ten percent (10%) or more of the qualified electors who voted for the office of district attorney in any county at the last general election within thirty (30) days preceding the last day for filing of declaration of candidacies as in any general election, requesting that the members of the game management board be elected, the county clerk shall declare an election to fill the vacancies on the board resulting from the expiration of the regular terms of the members on such board, and shall accept nominations of candidacies for these positions and shall place the names of the candidates on the regular general election ballot, doing all things that are necessary and required in such matters under the general election laws. Such duly elected members of the board shall be chosen on a nonpartisan ballot and shall be elected to serve for a term of two years. If on or before July 1 of the year that the terms of the elected board members shall expire, no petition has been filed requesting an election of board members as heretofore provided, then the board of county commissioners shall appoint two members to fill the vacancies on the game management board at the expiration of the terms of the elected members. In making all appointments to fill vacancies and for succeeding full terms, the county commissioners shall give consideration to recommendations of persons for appointment, received from all recognized sportsmens organizations in the respective counties.
Each such county board shall advise the fish and game commissioner elected from that county as to the needs of the county in the protection and propagation of fish and game. The said county board shall be charged with the management and expenditure of the county fish and game fund in accordance with the approved budget within each county, shall be in charge of all fish and game matters in the county, shall prepare annually a budget of proposed expenditures and submit the same to the state commission, and have such other powers and duties as may be delegated to it by the state commission or provided by law. [Any vacancy occurring in the county game management board shall be filled by the appointment of the county commissioners or that county.]
Sec. 7. Section 14 of said act is hereby amended to read as follows:
Section 14. Any person may establish a private fish hatchery for the artificial propagation, culture, and maintenance of food fishes; and any person lawfully conducting any such private fish hatchery, and engaged in the artificial propagation, culture, and maintenance of fishes, may take them in his own inclosed waters wherein the same are so cultivated and maintained at any time and for the purpose herein mentioned and none other; and the products of such fish hatchery, fish spawn, fry, and fish may be sold at any time of the year by such hatchery, or their then vendees, after having first complied with the terms of this act and the regulations of the state fish and game commissioners in relation thereto.
κ1949 Statutes of Nevada, Page 296 (CHAPTER 146, AB 128)κ
year by such hatchery, or their then vendees, after having first complied with the terms of this act and the regulations of the state fish and game commissioners in relation thereto.
No private fish hatchery shall be established or maintained and no stream or natural body of water shall be inclosed or impounded in connection therewith to the detriment of fish naturally indigenous therein or planted or propagated therein at public expense and the state fish and game commission, by regulations, shall enforce this section and the next section of this act in its sole discretion.
Sec. 8. Section 16 of said act is hereby amended to read as follows:
Section 16. Every person engaged in the business of buying and selling, packing, and preserving, or otherwise dealing in trout or other food fishes, obtained from private hatcheries of this or other states shall, [before engaging in such business, pay to the state treasurer, for the use of the fish and game fund, a fee of seven and 50/00 ($7.50) dollars.] before continuing in said business, register his name, location and type of business with the state fish and game commission and obtain a certificate of registry and license expiring December 31, 1949, and annually thereafter, paying therefor a fee of two and one-half dollars ($2.50) which sum shall be placed in the state fish and game fund in the state treasury. Such certificates shall be currently posted on the premises of the licensee, to public view.
Sec. 9. Section 20 of said act is hereby amended to read as follows:
Section 20. For the purposes specified in this act, the State of Nevada is divided into separate and distinct districts for the protection and preservation of fish and game on the land and in the water. Said enumeration and classification and the specification of the first and last day of the open or of the closed season found in sections 21 to 27, inclusive, of this act, respecting fishing, or sections 57 to 64, inclusive, respecting hunting, shall not prohibit the state fish and game commission or the respective county game management boards from taking any of the following steps by general rules and regulations or in specific instances and giving public notice thereof as is elsewhere in this act provided:
(1) The creation of districts embracing other or different combinations of counties or parts of counties;
(2) The creation of districts embracing contiguous territory located in more than one county irrespective of county boundary lines;
(3) Establishing from time to time the day of the year when an open season shall begin or end; provided, that no open season shall be longer than the period of time now fixed by law, but may be shorter; provided further, the commission may extend the open season in any one year in case of emergency arising from overpopulation in respect of any species of game;
(4) Regulating fishing for catfish, black bass, carp and other coarse fish, within discretion as to the beginning, ending, or period of duration of any open season and otherwise and as an exception to the existing provisions of law;
(5) Making such provisions for the licensing of fishing in Lake Mead as may be deemed convenient to promote reciprocity and uniformity between Nevada and adjoining states and more efficient and harmonious law enforcement;
κ1949 Statutes of Nevada, Page 297 (CHAPTER 146, AB 128)κ
between Nevada and adjoining states and more efficient and harmonious law enforcement;
(6) Exercising such control on state and county levels through regulations of the state commission and the respective county game management boards as may in the judgment of the said bodies best conserve the fish resources of the state as a whole and of the respective counties and promote the equitable distribution of fish and fishing opportunities among the people of the respective communities of this state;
(7) Providing supervision and control throughout this state over all orders closing the open season temporarily or permanently on the score of emergency imperiling the preservation and conservation of fish, or otherwise, and requiring the approval of all such orders by the state fish and game commission before they become effective.
Sec. 10. Section 27 of said act is hereby amended to read as follows:
Section 27. Carp and other coarse fish may be taken in the waters of all districts and in Walker, Winnemucca, Pyramid, Lahontan, and Topaz lakes at any time during any year; provided, that a permit be obtained by the person or persons intending to catch carp or other coarse fish from the fish and game commissioners who must provide a suitable inspector or game warden to inspect catches of carp and fix a license fee for the privilege; provided further, that no permit or inspection shall be required to take carp or other coarse fish during any open season on game fish in said waters.
Nothing in this section shall prohibit the state fish and game commission by general regulations applicable to specified districts, or the respective county game management boards in their territory, by regulations declared and made public, from imposing such stricter control over fishing for carp or other coarse fish, including a limitation of any open season, as may be deemed expedient to prevent abuse of fishing privileges generally, nor to regulate the size or control the use of minnow traps.
Sec. 11. Section 43 of said act is amended to read as follows:
Section 43. It shall be unlawful for any person at any time to receive, or have brought or shipped into the State of Nevada, or remove from one stream or body of water in this state to any other, any spawn, eggs, or ova of any variety for hatching or transplanting into any of the waters of this state, either public or private; or any fry or fish of any size or variety without the consent and approval of the state fish and game commission; provided, that nothing in this section shall be so construed as to apply to regularly constituted county fish-cultural establishments. The commission is empowered to regulate or prohibit the use of live bait in fishing to the end that no undesirable species of fish intentionally or unintentionally may be introduced into the public waters of this state.
Sec. 12. Section 46 of said act is amended to read as follows:
Section 46. The state fish and game commission is hereby authorized to extend the closed season for fishing in any streams or parts of streams, lakes, or waters within this state, which are now or hereafter shall have been stocked with food fish by the state or its commission, when, in its opinion, such action is necessary for the protection of the fish in said streams and waters, to the end that the supply of fish for food may be permanently increased; provided, however, that before any such action shall be effective, notice thereof shall have been published by order of the commission for at least once each week for two consecutive weeks in a newspaper published and of general circulation in the county where there are any streams, parts of streams, lakes, or waters in or from which the open season for taking or catching fish is to be restricted, and shall state the period over which the closed season is to extend, giving the names of the streams, parts of streams, lakes or waters; and copies [of said ordinance shall have been posted in at least four conspicuous places along any streams, parts of streams, lakes, or waters in or from which the open season for taking fish is to be restricted] of said order shall have been posted in such locations as are deemed by the commissioners most likely to give public notice along the main stream or body of water or the particular tributary or tributaries affected.
κ1949 Statutes of Nevada, Page 298 (CHAPTER 146, AB 128)κ
when, in its opinion, such action is necessary for the protection of the fish in said streams and waters, to the end that the supply of fish for food may be permanently increased; provided, however, that before any such action shall be effective, notice thereof shall have been published by order of the commission for at least once each week for two consecutive weeks in a newspaper published and of general circulation in the county where there are any streams, parts of streams, lakes, or waters in or from which the open season for taking or catching fish is to be restricted, and shall state the period over which the closed season is to extend, giving the names of the streams, parts of streams, lakes or waters; and copies [of said ordinance shall have been posted in at least four conspicuous places along any streams, parts of streams, lakes, or waters in or from which the open season for taking fish is to be restricted] of said order shall have been posted in such locations as are deemed by the commissioners most likely to give public notice along the main stream or body of water or the particular tributary or tributaries affected. The payment for the notice herein provided for shall be paid out of the county fish and game fund of the county affected.
Sec. 13. Section 50 of said act is amended to read as follows:
Section 50. The licenses shall be issued at the following prices:
First-To any citizen of the United States, who has been a bona fide resident of the State of Nevada for six months, upon the payment of [two and 50/100 ($2.50)] three and one-half ($3.50) dollars for a fishing license, three [$3] and one-half ($3.50) dollars for a hunting license, and one ($1) dollar for a trappers license; provided, that fishing and hunting licenses [and deer tags] shall be furnished free of charge to all citizens of the State of Nevada who have attained the age of sixty years or upwards in accordance with the provisions of chapter 159, Statutes of Nevada 1935.
Second-To any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, upon the payment of [four ($4)] five ($5) dollars for fishing license, or three ($3) dollars for a five-day permit to fish, ten ($10) dollars for a hunting license, or ten ($10) dollars for a trappers license.
[Third-To any person, not a citizen of the United States, upon the payment of ten ($10) dollars for a fishing license.
Fourth-To any person, not a citizen of the United States, who shall have declared his intention to become such a citizen according to the law made and provided for such purposes, who is a bona fide resident of the State of Nevada, upon the payment of fifteen ($15) dollars for a hunting license, or fifteen ($15) dollars for a trappers license; provided, that after he has declared his intention to become a citizen he must complete his naturalization at the earliest period allowed by law; provided further, the said applicant shall make and subscribe an oath that he has not claimed his citizenship in a foreign country as a basis for avoiding service in the armed forces of the United States, and the person issuing such license is hereby empowered to administer such oath.
Fifth-To any person, not a citizen of the United States, upon the payment of thirty ($30) dollars for a hunting license, or thirty ($30) dollars for a trappers license; provided, that before the license is issued, said applicant shall make and subscribe an oath that he has not claimed his citizenship in a foreign country as a basis for avoiding service in the armed forces of the United States, and the person issuing such license is hereby empowered to administer such oath.]
κ1949 Statutes of Nevada, Page 299 (CHAPTER 146, AB 128)κ
the payment of thirty ($30) dollars for a hunting license, or thirty ($30) dollars for a trappers license; provided, that before the license is issued, said applicant shall make and subscribe an oath that he has not claimed his citizenship in a foreign country as a basis for avoiding service in the armed forces of the United States, and the person issuing such license is hereby empowered to administer such oath.]
Sixth-To any [person] resident-citizen over 18 years of age who intends to or does trap any mink or muskrat, a special license to trap such animals upon payment of the sum of [fifteen ($15)] ten ($10) dollars in addition to the foregoing trappers license fee. To any nonresident or alien over 16 years of age one hundred ($100) dollars.
Seventh-The county clerks of their respective counties shall, during the month of January of each year, prepare and forward to the fish and game commission at its principal office a statement setting forth the number of fishing, hunting, and trapping licenses issued in their counties, designating resident, nonresident, declarant alien, and alien licenses for the preceding year.
Eighth-All sums received from the sale of hunting, fishing, and trappers licenses shall be paid to the county treasurer who shall forward the same quarterly for payment into the state treasury to the credit of the state fish and game fund, on the warrant of the county auditor.
Sec. 14. Section 50-a is hereby added to said act immediately following section 50 and shall read as follows:
Section 50-a. Notwithstanding any other provision of this act hunting by nonresidents of this state for upland game birds or waterfowl or one or more species of such classes may be limited or forbidden in the circumstances and in the manner following, to wit:
a. Whenever any county game management board shall find an excessive number of birds of the above classes are likely to be taken under normal licensed hunting conditions in the current open season in their county, they may prevent the same in any respect as hereinafter enumerated.
(1) They may provide that no more than a certain number stated of normal hunting licenses may be issued to nonresidents.
(2) They may provide that all nonresident hunting licenses shall specify that upland game birds or waterfowls or species thereof specifically normal may not be hunted by authority of said license.
(3) They may apply the limitation set forth in (2) above only after a specified and stated number of licenses are sold to nonresidents.
(4) They may in conjunction with any of the foregoing plans require the payment of a special permit fee not exceeding ten ($10) dollars from nonresidents, without which the authority to hunt species of upland game and waterfowl would be restricted or denied.
b. After the county game management board adopts a plan under (a) foregoing it shall be effective only after it is approved by the state fish and game commission in writing. When so approved the plan shall be carried out by the county clerk or officer who issues hunting licenses in said county.
Sec. 15. Section 51 of said act is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 300 (CHAPTER 146, AB 128)κ
Section 51. Every person over the age of sixteen (16) years, who hunts any of the wild birds or animals, traps any of the fur-bearing animals, or who fishes without having first procured a license therefor, as provided in this act, shall be guilty of a misdemeanor; provided, that it shall be unlawful for any child who has not yet attained his [tenth] fourteenth birthday [anniversary] to hunt any of the wild birds or animals with any firearm, unless such child be accompanied at all times by [his parent or legal guardian] an adult person licensed to hunt or fish; and provided further, that no child under twelve (12) years of age whether accompanied by a qualified person or not, shall hunt big game in the State of Nevada. This section shall not apply to the protection of person or property from predatory animals on or in the immediate vicinity of home or ranch premises.
Sec. 16. Section 57 of said act is hereby amended to read as follows:
Section 57. It shall be unlawful to hunt upland game at any time during the year except during a [fifteen-day] thirty-day period between the fifteenth day of July and the first day of December of each year.
Sec. 17. Section 61 of said act is hereby amended to read as follows:
Section 61. It shall be unlawful at any time to take or possess mountain sheep, goats, elk, antelope, or doe, or fawn, or spike buck deer except at the time and places and in the manner as may hereafter be provided by the state fish and game commission. As used in this section a spike buck is a male deer with unbranched antlers on both sides. Eye guards or knobs shall not be considered points. A point is a definite projection along the upper two-thirds of the antler.
Sec. 18. Section 62 of said act is hereby amended to read as follows:
Section 62. It shall be unlawful to hunt at any time during the year other than during such forty-five (45) day period, to be known as the open season, between September 1 and December 1 of each year, as may hereafter be designated for the respective counties by the fish and game commission, under the provisions of this act; provided, that during such open season of each year it shall be unlawful to kill, catch, trap, wound, or pursue with the intent to catch, trap, injure, or destroy more than one deer except under rules prescribed by the fish and game commission as hereinafter provided; provided further, that the county game management board of any county in the state, upon the application of any person, persons, organization, or governmental department may appoint a committee of one each, sportsmen, livestock, U. S. forest service, fish and wildlife service, and grazing service to consider the advisability of reducing the number of deer, antelope, elk, or bighorn sheep in any district or specified portion of such county; and whenever in the judgment of said committee big game have increased in numbers in any locality to such an extent that a surplus exists, or to such an extent that such animals are damaging public or private property, or are overgrazing their range, said committee shall make appropriate recommendations to the state fish and game commission as to the area or areas being damaged, the extent of damage, and the number and kind of deer, antelope, elk, or bighorn sheep to be removed. Upon the recommendation of the committee, the commission may determine the area or areas within such county from which said deer, antelope, elk, or bighorn sheep that may be killed by each license holder, the special license fee to be paid, the hunting season, which may be separate from or concurrent with the regular open season, and prescribe such other rules and regulations as may be necessary properly to conduct the hunt.
κ1949 Statutes of Nevada, Page 301 (CHAPTER 146, AB 128)κ
committee, the commission may determine the area or areas within such county from which said deer, antelope, elk, or bighorn sheep that may be killed by each license holder, the special license fee to be paid, the hunting season, which may be separate from or concurrent with the regular open season, and prescribe such other rules and regulations as may be necessary properly to conduct the hunt. Notwithstanding anything in this act or other law to the contrary no person shall be excused from the payment of a fee for the special license required by this section on account of age or race; provided further, that the special license fee shall be fixed at not more than ten ($10) dollars for the hunting season to which it relates for residents nor less than twenty-five ($25) dollars to nonresidents.
Sec. 19. Section 65 of said act is hereby amended to read as follows:
Section 65. [It shall be unlawful for any person to hunt or have in his or her possession during any one calendar day, in open season, a greater number than five sagehen or sagecock, three grouse, three pheasants, ten valley quail, five prairie chicken, five mountain quail, three partridge, five cottontail rabbits, or two mountain hare, or one days limit of any other game bird or game animal killed during the open season; provided, however, that any person upon obtaining a permit from any state game warden or the state fish and game commission may keep in storage in a licensed warehouse or his own home any fish or game, with the exception of migratory birds, killed during the open season and not to exceed one days limit; provided, however, that the county game management boards of the various counties of the state may, from time to time in the interest of conservation, limit or entirely prohibit the hunting, shooting, or taking of any hen pheasant, or may reduce the bag limit on pheasants in any of the respective counties or parts of counties within the State of Nevada, and may reduce the daily bag limit on any other game bird or game animal or fish, with the exception of migratory birds, within such county; provided, however, that before any such action shall be effective, notice thereof shall have been published by order of the board at least once each week for two consecutive weeks in a newspaper published and of general circulation in the county or counties affected; provided, further, that in the event of any change in the federal migratory game law wherein the bag limit may be increased or diminished, the fish and game commission may, by proclamation through the press, increase or decrease the limits herein provided within the limitations of the federal law.] At the time the seasons for hunting and fishing are recommended by the various county game management boards, each board shall designate the daily creel, bag, and possession limits for each species of fish, animals and birds, excepting migratory game birds, for their respective counties. Such designated limits shall be accepted and set by the state fish and game commission except wherein the commission may increase or decrease such limits by showing cause through their technical staff or in the interest of the uniformity of such limits between adjoining counties. The daily bag and possession limit for migratory birds shall be set annually by the commission after they have been informed of the federal regulations for the ensuing year. Such limits shall be deemed to be set and in effect when they have been published in the manner prescribed for publishing seasons for hunting and fishing.
κ1949 Statutes of Nevada, Page 302 (CHAPTER 146, AB 128)κ
limits shall be deemed to be set and in effect when they have been published in the manner prescribed for publishing seasons for hunting and fishing.
Sec. 20. Section 68 of said act is hereby amended to read as follows:
Section 68. It is hereby made unlawful for any person at any time to take any of the wild birds or wild game mentioned and protected in this act except between sunrise and sunset, the same to be considered according to government time reports; provided, that nothing in this section shall be construed to limit or restrict the hours of hunting of migratory birds, which hours shall be those established by federal regulation governing the hunting of migratory birds, or as set by the fish and game commission.
Sec. 21. Section 69 of said act is hereby amended to read as follows:
Section 69. It shall be unlawful for any person at any time to hunt any deer, antelope, elk, mountain sheep, or mountain goat with any shotgun, or any pistol or revolver, [or any .22-caliber rim-fire rifle, or any .22 high power, .218 bee, and .219 zipper rifle,] or with any gun or firearm capable of firing two or more rounds with one continuous pull of the trigger, or with any full steel, full metal jacket, tracer, or incendiary bullet. Rifles used for said purpose shall exert at least one thousand (1,000) foot pounds of energy at 100 yards.
It shall also be unlawful to use hounds or dogs in the hunting of deer, except that a dog determined by a state game warden to be of any breed other than a hound and certified as such by said warden, and which is not used in the trailing, tracking, flushing or pursuing of unwounded deer as determined by state game warden, may accompany a deer hunter engaged in hunting deer; provided, that before such hunter shall hunt deer accompanied by a dog or dogs as described herein he shall obtain a permit from the county game management board of the county in which he desires to hunt; provided further, that dogs as herein permitted may be used only in tracking, trailing and bringing to bay of wounded deer.
Sec. 22. Section 73 of said act is hereby amended to read as follows:
Section 73. It shall be unlawful for any person to hunt, trap, or attempt to trap, any fur-bearing animals protected by the provisions of this act, except between the first day of November of any year and the fifteenth day of March of the following year, both dates included; provided, that such fur-bearing animal or animals injuring any property may be taken or killed at any time in any manner after permit first obtained from the state fish and game commission. It is further provided, nevertheless, that the fish and game commissioners may in their sole discretion set the open season for muskrats in any district in this state in consideration of the market and the time such furs become prime, as well as other considerations deemed sufficient.
Sec. 23. Section 84 of said act is hereby amended to read as follows:
Section 84. No person shall operate a commercial [deer] hunting or fishing camp, establishment, or service unless he shall first apply to the commission for a permit therefor, and pay to the commission an annual license fee of fifty ($50) dollars for hunting camp and an annual license fee of five ($5) dollars for fishing camp.
κ1949 Statutes of Nevada, Page 303 (CHAPTER 146, AB 128)κ
annual license fee of five ($5) dollars for fishing camp. The commission may approve the application and shall in that event issue a permit to the applicant.
[For the purpose of this section a commercial deer hunting camp, establishment, or service shall consist of the furnishing by any person, firm, or corporation during any open deer season, of any combination of the following things for a fee or charge: horses, either saddle or pack or both; guides who direct or accompany the hunter or hunters to the deer hunting area; or board and lodging as a direct adjunct to deer hunting; provided, that any person offering any or all of the foregoing services to not more than five persons within any one season on deer shall not be classified as a commercial deer hunting camp, establishment, or service.]
For the purpose of this section a commercial hunting or fishing camp, establishment or service, shall consist of furnishing by any person, persons, firm, or corporation, any combination of the following things for a fee or charge: horses, either saddle or pack, or both; boats; tackle; guides who direct or accompany the hunters or fishermen to hunting and fishing areas; or board and lodging as a direct adjunct to hunting or fishing. The operator of any such camp or service shall keep records of the number of hunters and fishermen served and the number, kinds and other information of the fish and game taken by such persons and shall furnish such data to the commission. If any person owning, employed by, or being served by any such a hunting or fishing camp is convicted in court of a game law violation, the commission may immediately revoke the license of that hunting or fishing camp and the commission shall have the authority to refuse the issuance of another license to that camp for a period of two years following the time of conviction.
Sec. 24. Section 86 of said act is hereby amended to read as follows:
Section 86. Every person in the State of Nevada who hunts any deer without first procuring a [duplicate license] deer tag therefor as provided in this section shall be guilty of a misdemeanor.
(a) [Duplicate license] Deer tags granting the privilege to hunt deer in any county of the state shall be issued and delivered by the fish and game commission or their agents, to any person legally holding a resident hunting license for the current license year, upon application by such person in the form herein provided, and upon the payment of [one ($1)] two and one-half ($2.50) dollars by such applicant. Said [license] tag shall be prepared by the fish and game commission, of suitable size in the form of a duplicate tag, and have printed or stamped thereon the words Deer [Hunting License] Tag No , State of Nevada; expires December 1, 19 , to accompany Resident Hunting License No , with said tag number and appropriate year written or printed thereon, together with the other matters and things provided in paragraph (d) hereof;
(b) [Duplicate license] Deer tags granting the privilege to hunt deer shall be issued and delivered by the fish and game commission, or their agents, to the legal holder of a nonresident [declarant alien, or alien] noncitizen hunting license for the current year, as in this paragraph provided.
κ1949 Statutes of Nevada, Page 304 (CHAPTER 146, AB 128)κ
or alien] noncitizen hunting license for the current year, as in this paragraph provided. [Not less than sixty (60) days prior to the date fixed by this act for the opening of deer season] At the time the hunting season is set, the county game management board of each county shall make and transmit to the state commission [an estimate] a limitation of the number of deer which may be killed in their county by nonresident [declarant alien, and alien] and noncitizen hunters. [in the interest of conservation.] The state fish and game commission shall thereupon determine and fix the number of [duplicate license] deer tags which shall be issued to nonresident [declarant alien and alien] and noncitizen hunters, in each [county] district of the state. Any nonresident [declarant alien or alien] or noncitizen hunter shall make application for such deer [hunting license] tag on a form to be provided by the commission, which shall specify the county in which the applicant intends to hunt, and which shall be accompanied by a fee of twenty-five ($25) dollars payable to the commission by money order, certified or cashiers check. The commission shall thereupon determine under such rules as may be made by the commission [by lot, according to counties] the persons to whom such [duplicate license] deer tags shall be issued, and shall issue and deliver such tag to the successful applicants and return the fee deposited by any unsuccessful applicant. The [duplicate license] deer tag so issued shall be in the form prescribed in the preceding paragraph and shall have printed or stamped thereon the words Deer [Hunting License] Tag No , State of Nevada; [expires December 1, 19 ] Valid during open season, 19 To accompany [(] Nonresident-[declarant alien, or alien, as the case may be)] Noncitizen Hunting License No , Good only in District, in County, with said tag number, appropriate year, and [county] district written or printed thereon, together with the other matters and things provided in paragraph (d) hereof. Said tag shall entitle the licensee to hunt only in the [county] district specified therein, and in no other [county] district. At the conclusion of the season for which issued, the licensee must return to the fish and game commission any unused [license] deer tag issued to him, failing which, he shall not again be permitted to apply for such tag for a period of two years; provided, that neither the commission nor its agents shall be held liable in any way for delay or loss in the mails of any application, license, money, draft, or other matter forwarded to the commission or its agents or forwarded by the commission and/or its agents to applicants for licenses or deer tags under the provisions of this act.
(c) All [duplicate license] deer tags issued as herein provided shall be valid authority for the person to whom issued to hunt, pursue, and kill deer during the open season therefor and in such numbers as may be allowed by law. Such [duplicate license] tag, or tags, shall continue in force until the licensee shall have killed the number of deer allowed by law to be killed in the open season therefor by any one person of this state; provided, such [duplicate] tags shall be void from and after the date of expiration written or printed thereon. Such licensee shall carry said [duplicate license] tag at any and all times while hunting deer, and upon killing of any deer said licensee shall immediately write the place, date, and time of the day of such killing, punch out the day and month of such killing, [and sign his name] on said [license] tag and attach the original of said [license] tag to the horns of such deer, and keep the same attached thereto during the open season and for a period of ten days next succeeding the close of the open season; provided, that if a deer is taken in such a locality that the tag if attached immediately is liable to mutilation or destruction enroute to vehicle or camp, it will be sufficient to punch the original tag immediately and attach the tag on reaching such vehicle or camp; and shall write the place, date, and time of day of such killing, punch out the day and month of such killing [and sign his name and address] on the duplicate of said [license] tag and mail the same immediately to the fish and game commissioners; and shall exhibit upon demand any deer or parts thereof that may be in his possession, or any [duplicate license] tag or tags obtained as herein provided, to any officer authorized to enforce the fish and game laws of the state, or any peace officer of this state.
κ1949 Statutes of Nevada, Page 305 (CHAPTER 146, AB 128)κ
while hunting deer, and upon killing of any deer said licensee shall immediately write the place, date, and time of the day of such killing, punch out the day and month of such killing, [and sign his name] on said [license] tag and attach the original of said [license] tag to the horns of such deer, and keep the same attached thereto during the open season and for a period of ten days next succeeding the close of the open season; provided, that if a deer is taken in such a locality that the tag if attached immediately is liable to mutilation or destruction enroute to vehicle or camp, it will be sufficient to punch the original tag immediately and attach the tag on reaching such vehicle or camp; and shall write the place, date, and time of day of such killing, punch out the day and month of such killing [and sign his name and address] on the duplicate of said [license] tag and mail the same immediately to the fish and game commissioners; and shall exhibit upon demand any deer or parts thereof that may be in his possession, or any [duplicate license] tag or tags obtained as herein provided, to any officer authorized to enforce the fish and game laws of the state, or any peace officer of this state. Failure of the holder of any permit to comply with any of the foregoing provisions shall be cause for the denial of a similar permit in any succeeding year, in the discretion of the state fish and game commissioners.
(d) Every person applying for and securing a [license] deer tag or tags as herein provided shall exhibit his hunting license, and furnish to the fish and game commission his name, resident address, together with a written description of himself by age, weight, [nationality,] sex, and color of eyes and hair, and said application shall set forth the date of issuance and the number of the [license] tag or tags issued to such person, and the number of his hunting license. The person issuing any [license] tag or tags as herein provided shall write [his] the applicants name, address, and hunting license number upon both parts of the tag, [thereon, together with the place and date of issuance,] and shall write the number of such [duplicate license] tag or tags so issued on the hunting license of the applicant. [and the applicant shall forthwith sign the license tag or tags in ink.]
(e) Any one person holding a hunting license for the current year shall be entitled, upon compliance with the provisions of this section, to receive only one [duplicate] tag for each deer allowed to be killed in the open season under the laws of this state, except upon affidavit by the applicant that a [duplicate] tag so issued has been lost or destroyed, and then only upon payment of an additional fee equal in amount to the original fee; provided, that no [duplicate license] tag or tags issued as herein provided shall be mutilated, defaced, changed, or altered for the purpose of evading the provisions of this section, or transferred to another person, or used by any person other than the one to whom it was issued.
(f) Every person who makes any false statements as to any of the facts required by this section for the purpose of obtaining a [duplicate license] tag or tags, and every person violating any of the provisions of this section shall be guilty of a misdemeanor; and shall forfeit such [duplicate license] tag or tags as may have been obtained, and no new [license] tag or tags shall be issued to such person for the remainder of the license year.
κ1949 Statutes of Nevada, Page 306 (CHAPTER 146, AB 128)κ
and no new [license] tag or tags shall be issued to such person for the remainder of the license year.
[(g) Any person legally killing a deer in this state and under the tagging system provided herein shall have his deer tag countersigned at the earliest possible moment by a regular salaried officer of the fish and game commission or a deputy thereof, or by an officer authorized to administer oaths, and if such officer has an official seal such tag shall, in addition, bear the imprint of such seal, or by the sheriff or deputy sheriff of the county in which the kill was made, and may then transport said deer into any closed district, or into any other state. No tag shall be countersigned by any such officer, unless there shall be exhibited to him the entire hide, horns and carcass of the animal killed and tagged.]
(h) All moneys collected from the sale of [license] tags, as provided herein, shall be paid into the state treasury to the credit of the fish and game fund.
(i) It is hereby made the duty of the various county clerks of this state, upon the request of the state fish and game commission, to act as the agents of said commission in the sale and disposal of all [duplicate license] tags, and the said clerks shall account to the said commission each month for all tags sold and on hand from September to December, inclusive, of each year.
(j) When any deer hunter shall kill a deer which he has reason to believe is diseased and unfit for human consumption, he must place his [duplicate license] tag on the carcass in the manner provided herein, but, upon inspection of such carcass by a duly authorized game warden, such a hunter may be authorized by the warden to obtain another [duplicate] tag and shall be permitted to kill another deer if the warden shall have found by his inspection that the first deer killed was in fact diseased and unfit for human consumption.
Sec. 25. Section 86 1/2 is hereby added to said act immediately following section 86 and shall read as follows:
Section 86 1/2. The state fish and game commissioners are hereby authorized to promulgate and publish all rules and regulations not in conflict with this or any other law, which they shall find necessary or convenient for the enforcement of the provisions of section 86 of this act, including, but not limited to, the following:
(1) Determining whether or not any validation procedure shall be required.
(2) If validation procedure is determined to be necessary or convenient, determining the procedure to be followed, the officers or agencies authorized to make such validation.
(3) Determining the procedure to be followed to evidence that deer have been lawfully taken under the laws of Nevada so as to facilitate the removal or transportation of such deer from this state to another state in compliance with the laws of this and sister states.
Sec. 26. Section 87 of said act is hereby amended to read as follows:
Section 87. It shall be unlawful for any person to have in his or her control any game bird, game animal or game fish or any part thereof, the killing of which is at any time prohibited during the time when such killing is prohibited, and the possession of same shall be prima-facie evidence that it was the property of the state at the time it was caught, taken, or killed in this state when the killing was unlawful, and that such taking or killing occurred in the closed season; provided, [that any person lawfully in the possession of any game bird, game animals, or game fish, or any part thereof, may, within thirty (30) days after close of any season, obtain a permit from the state fish and game commission and then may have not to exceed six (6) months after the beginning of the closed season in which to consume the same, during which time any state warden shall have authority to examine the fish or game so held; and provided further, any person lawfully taking any deer in another state may bring the same into this state, in person, during the closed season in this state; and provided further, any person possessing any game bird, game animals, or game fish, or any part thereof, in this state during any portion of any closed season must have attached thereto such evidence of its lawful taking as is required by the law of this state] that game and fish legally taken may be stored in the home of the owner after the end of the open season for hunting or fishing for the same and may be stored in a public warehouse or commercial refrigerator locker under such rules as may be adopted by the state fish and game commissioners, but in no case shall more than the amount designated by law as the legal possession limit be so kept or stored.
κ1949 Statutes of Nevada, Page 307 (CHAPTER 146, AB 128)κ
her control any game bird, game animal or game fish or any part thereof, the killing of which is at any time prohibited during the time when such killing is prohibited, and the possession of same shall be prima-facie evidence that it was the property of the state at the time it was caught, taken, or killed in this state when the killing was unlawful, and that such taking or killing occurred in the closed season; provided, [that any person lawfully in the possession of any game bird, game animals, or game fish, or any part thereof, may, within thirty (30) days after close of any season, obtain a permit from the state fish and game commission and then may have not to exceed six (6) months after the beginning of the closed season in which to consume the same, during which time any state warden shall have authority to examine the fish or game so held; and provided further, any person lawfully taking any deer in another state may bring the same into this state, in person, during the closed season in this state; and provided further, any person possessing any game bird, game animals, or game fish, or any part thereof, in this state during any portion of any closed season must have attached thereto such evidence of its lawful taking as is required by the law of this state] that game and fish legally taken may be stored in the home of the owner after the end of the open season for hunting or fishing for the same and may be stored in a public warehouse or commercial refrigerator locker under such rules as may be adopted by the state fish and game commissioners, but in no case shall more than the amount designated by law as the legal possession limit be so kept or stored. The provisions of this section shall not apply to game or fish procured legally and served in dining cars operating in interstate commerce through this state.
The state fish and game commissioners are authorized to make rules requiring evidence of legal taking in this state or legal taking under the laws of the state where taken to be provided in the case of game or fish kept or stored after the appropriate open season shall end in the form of tags, certificates or otherwise, if deemed necessary or convenient for the enforcement of this act.
Sec. 27. Section 90 1/2 is hereby added to said act, immediately following section 90, and shall read as follows:
Section 90 1/2. Whenever any fishing or hunting equipment used in any unlawful taking of fish or game is, in the discretion of the justice of the peace or other judicial officer having jurisdiction, confiscated, the same shall be kept under the control of said court until July 1 or December 31 next following and then sold at public auction sale to the highest bidder by the justice of the peace or other officer aforesaid.
Before any such sale notice of the time and place thereof shall be given by publication in a newspaper published nearest to the place of sale and by posting three (3) notices, one at the courtroom of the court and the others in conspicuous public places. Such notices shall be published at least once and posted at a time no less than ten (10) days before the date of sale.
The proceeds of such sales shall be subject to the constitutional provisions respecting fines and forfeitures.
κ1949 Statutes of Nevada, Page 308 (CHAPTER 146, AB 128)κ
provisions respecting fines and forfeitures. Any person of lawful age and not an alien may purchase any such equipment, whether prior owner or not.
Sec. 28. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 123Elko County Delegation.
CHAPTER 147
AN ACT to amend an act entitled An act to authorize the board of county commissioners of the county of Elko to levy a special tax annually for the support of the Elko County Fair, to provide for the payment of the proceeds of such tax levy, and other matters in connection therewith, approved March 15, 1923.
[Approved March 26, 1949]
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 section 1 of chapter 45, 1925 Statutes of Nevada, as amended by chapter 17, 1933 Statutes of Nevada, is hereby amended to read as follows:
Section 1. [On or before May 1, 1933, and annually thereafter, at] At the time provided for the levying of taxes by the county commissioners, for the calendar year of 1949, and annually thereafter, the board of county commissioners of the county of Elko, is hereby authorized and directed, for the purpose hereinafter set forth, to levy a special tax upon all of the property of Elko County, both real and personal, including the net proceeds of mines, sufficient to raise thereby annually the sum of [ten thousand ($10,000) dollars] seventeen thousand five hundred ($17,500) dollars.
Sec. 2. All acts or parts of acts insofar as they may be in conflict with this act are hereby repealed.
Sec. 3. This act shall take effect immediately upon its passage and approval.
________
Assembly Bill No. 288Washoe County Delegation.
CHAPTER 148
AN ACT to amend an act entitled An act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matter relating thereto, approved March 16, 1903, as amended.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of article IV of the above-entitled act is hereby amended to read as follows:
Section 5. The city clerk shall receive a salary in the sum of [three thousand nine hundred dollars] four thousand five hundred dollars ($4,500) per annum.
κ1949 Statutes of Nevada, Page 309 (CHAPTER 148, AB 288)κ
thousand nine hundred dollars] four thousand five hundred dollars ($4,500) per annum. Such salary shall be paid in twelve (12) equal monthly installments. [; provided, however, that the said city council may in its discretion authorize the city clerk to perform certain designated services for the civil service commission of the city of Reno, and in such event the said city council may provide such additional compensation to be paid to the city clerk for such services as the said city council may deem appropriate.]
Sec. 2. Section IV of the above-entitled act is hereby amended by adding thereto a new section, to be designated as section 6, which shall read as follows:
Section 6. The city clerk may, subject to the approval of the council, appoint one chief deputy, who shall not be subject to the provisions of article XX of this charter. Said chief deputy, together with such other deputies as may from time to time be employed in the office of the city clerk, shall be authorized and empowered to administer oaths.
Sec. 3. Section 3 of article V of the above-entitled act is hereby amended to read as follows:
Section 3. The city attorney may appoint and remove such assistants as he may require in the discharge of the duties of his office. [subject to the provisions of this charter relative to civil service.] The council may appropriate such funds as it shall deem proper to compensate any such assistants in the office of the city attorney.
Sec. 4. Section 4 of article V of the above-entitled act is hereby amended to read as follows:
Section 4. The city attorney shall receive a salary in the sum of [three thousand six hundred dollars] four thousand five hundred dollars ($4,500) per annum, payable in twelve monthly installments.
Sec. 5. Section 7 of article XII of the above-entitled act is hereby amended to read as follows:
Section 7. The style of ordinances shall be as follows: The city council of the city of Reno do ordain, and all proposed ordinances, when first proposed, shall be read by title to the city council and referred to a committee for consideration, after which an adequate number of copies of the ordinance shall be filed with the city clerk for public distribution, and notice of such filing shall be published once in a newspaper published in the city of Reno at least one week prior to the adoption of the ordinance, and the council shall adopt or reject the ordinance, or the ordinance as amended, within thirty days from the date of such publication. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon said proposed ordinance shall be finally voted upon or action thereon postponed. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, be published once in a newspaper published in the city of Reno before the same shall go into effect, except as provided in section 9a, [article III] article XII of this act.
κ1949 Statutes of Nevada, Page 310 (CHAPTER 148, AB 288)κ
into effect, except as provided in section 9a, [article III] article XII of this act. In all prosecutions for the violation of any of the provisions of this charter or for the violation of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of this charter and of such ordinance, rule, resolution, or other regulation, and of the contents thereof, and in all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.
Sec. 6. Section 10.70 of article XII of the above-entitled act is hereby amended to read as follows:
Section 10.70. When any expense shall be incurred by the city upon, or in respect to, any separate or single lot, parcel of land, or premises which expense, by the provisions of this charter, the city council is authorized to charge and collect as a special assessment against said lot or parcel of land, and which assessment is not of that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the materials, labor or service for which such expense was incurred, [verified] certified by the officer or the person performing the work or services or causing the same to be done or [on] an account of the rates or charges for use of the sanitary sewer system or for the collection of garbage, waste matter, refuse, rubbish or for the removal of weeds or inflammable matter, [verified] certified by the chief officer of the [bureau or] department [or bureau] or division thereof performing or supplying such service, together with the description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the city council. And the provisions of [the previous subdivision] this article, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred in respect to that class of improvements or services or charges contemplated in this section. When such an account is reported to the city council, the city council shall determine what amount or part of every such expense, if any, shall be charged as a special assessment, and the person, if known, against whom, and the premises upon which, the same shall be levied as a special assessment; and so often as the city council shall deem it expedient they shall require all of the several accounts so reported and determined and the several lots or premises and the persons chargeable therewith, respectively, to be reported by the city clerk to the city assessor for assessment, but shall not be subject to division into installments as provided in section 10.105.
κ1949 Statutes of Nevada, Page 311 (CHAPTER 148, AB 288)κ
Sec. 7. Article XII of the above-entitled act is hereby amended by adding thereto a new section, to be known as section 10.496, which shall follow section 10.495, and which shall read as follows:
Section 10.496. The city council shall have the power to require or provide for the repair or construction of sidewalks, curbs, or gutters, and to make the cost thereof a lien or charge against the abutting property, and in default of the payment of such costs upon the completion of such work, the same may be made the subject of a special assessment roll as provided in section 10.70 of this article. If the city council exercises the power as provided in this section in respect to any particular sidewalk, curb, or gutter, it shall not thereafter again exercise such power in relation to the same sidewalk, curb, or gutter within a period of ten years; provided, however, that before the city council shall require or provide for the repair of construction hereby authorized, it shall give ten (10) days notice of its intention so to do to the owners of record of the property to be affected by such repair or construction, and such owners shall be given an opportunity to be heard thereon at a public meeting of the council held for that purpose.
Sec. 8. Article XII of the above-entitled act is hereby amended so as to add thereto a new section, to be known as 10.570, and which shall read as follows:
Section 10.570. The city council shall provide by ordinance for a pension and disability fund and system for the payment of pensions and disability benefits to elective and appointive officers and employees of the city of Reno, upon such provisions and conditions as the city council may deem advisable, which ordinance may be made retroactive to July 1, 1947. Upon the enactment of an ordinance providing a pension and disability system as authorized by this section, section 10.550, section 10.555, section 10.560, and section 10.565 thereafter shall become inoperative and of no force and effect except as to pensioners and recipients of disability benefits who have acquired vested rights and interest thereunder.
Sec. 9. Section 3 of article XIII of the above-entitled act is hereby amended to read as follows:
Section 3. The [board] mayor shall at [its] the first meeting of the board, and annually thereafter, appoint one of [its] the members of the board, who is a physician, as secretary of the board. The secretary shall be the health officer of the city.
Sec. 10. Section 8 of article XIII of the above-entitled act is hereby amended to read as follows:
Section 8. The health officer shall visit at least twice a year, and oftener if necessary, all public buildings or buildings used for public purposes, and all schoolhouses in said city. During such visits he shall examine the manner in which such buildings are lighted, heated, and ventilated, and particularly as to their sanitary condition. The health officer shall promptly report in writing to the principal or governing authorities of all schools, the name and residence of every person sick with cholera, smallpox, scarlatina, diphtheria or any contagious or infectious disease. Said principals or authorities, when so notified, must refuse admittance to the schools of any member of the household, one or more of whose inmates are sick from any of the aforementioned diseases.
κ1949 Statutes of Nevada, Page 312 (CHAPTER 148, AB 288)κ
household, one or more of whose inmates are sick from any of the aforementioned diseases. The person excluded shall be admitted on presenting a certificate from his or her attending physician, countersigned by the health officer, to the effect that there is no longer any danger from contagion. [When a case of contagious disease is reported to the health officer, he may visit the premises where the person is, and, when satisfied that such disease exists, he shall place a flag of conspicuous notice on said premises, which shall remain on the same during the continuance of the disease at such place.]
Sec. 11. Section 9 of article XIV of the above-entitled act is hereby amended to read as follows:
Section 9. The police judge shall receive a salary of [three thousand six hundred dollars] four thousand five hundred dollars ($4,500) per annum payable monthly.
Sec. 12. Article XV of the above-entitled act is hereby amended by adding thereto a new section, to be known as section 6, and which shall read as follows:
Section 6. The city council may, by resolution direct the city treasurer to invest any part of the citys funds in obligations of any kind issued by the United States of America; provided, however, that all such funds so invested shall be considered as part of the fund from which it was taken.
Sec. 13. Section 1 of article XX of the above-entitled act is hereby amended to read as follows:
Section 1. There shall be a civil service commission of the city of Reno, Nevada. The present members of the civil service commission [of Reno, Nevada,] appointed pursuant to the provisions of chapter [95] 103, Statutes of Nevada, [1939] 1947, approved March [20] 26, [1939] 1947, shall serve [as the members of the civil service commission of the city of Reno, Nevada,] until the expiration of their respective terms of office. [as provided in said chapter 95, Statutes of Nevada 1939. Thereafter] Said civil service commission shall consist of three citizens, not more than two of whom shall at any time belong to the same political party. [If shall be the duty of the city council, upon the expiration of the terms provided for in said chapter 95, Statutes of Nevada 1939, to appoint three members of said commission, designating the term of office of each, one to hold one year, one to hold two years, one to hold three years, and until their respective successors shall be appointed and qualified. Thereafter] The term of office of each of the members of said commission shall be three years from the second Monday in July and until his successor is appointed and qualified. Every person appointed a member of said commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of the state, and file the same, duly certified by the officer administering it, with the clerk of the city. No person shall be eligible for appointment as a member of such commission, and no person shall continue as a member of such commission, unless he shall be a resident and taxpayer of the city of Reno, who shall otherwise have no connection with the city government and who shall hold no elective office.
κ1949 Statutes of Nevada, Page 313 (CHAPTER 148, AB 288)κ
Reno, who shall otherwise have no connection with the city government and who shall hold no elective office. Vacancies on the said civil service commission from whatever cause shall be filled by the city council by appointment of a successor for the unexpired term. The council shall provide for such employees as shall be necessary to enable the civil service commission to properly carry out the duties prescribed herein. Each member of the civil service commission shall receive as compensation for his services the sum of ten dollars for each full meeting attended by him.
Sec. 14. Section 2 of article XX of the above-entitled act is hereby amended to read as follows:
Section 2. Said commission shall prepare and adopt [such] rules and regulations to govern the selection and appointment of [persons to be hereafter employed in either the police department or the fire department of the city, and the members of any other department of the city which may hereafter be included with the provisions of this act, as in the judgment of said commission shall be adapted to secure the best service for the public in each department.] all employees of the city of Reno within the provisions of this article and such rules and regulations shall be designed to secure the best service for the public. Such rules and regulations shall provide for ascertaining, as far as possible, the physical qualifications, the habits, and the reputation and standing and experience of all applicants for positions, and they may provide for the competitive examination of some or all in such subjects as shall be deemed proper for the purpose of best determining their qualifications for the position sought. Such rules and regulations may provide for the classification of positions in the service and for a special course of inquiry and examination for candidates of each class. Such rules and regulations may further provide for disciplinary, suspension, demotion, and dismissal proceedings and shall further govern promotions and advancements. Such rules and regulations may further classify, in accordance with duties and salaries, all offices and positions [in the police and fire departments, and in any other department which may hereafter be included in the provisions of this act.] within the provisions of this article. A copy of all rules and regulations made by the commission and all changes therein shall be filed in the office of the city clerk. The commission shall, [also have power to fix] by rule, provide for a probationary period of [not to exceed] six months during which [appointees, certified, appointed, and confirmed as provided above, may be suspended or removed without notice of hearing by the commission upon the recommendation of the chief or head of the particular department.] any employee within the provisions of this article may be suspended, removed or otherwise disciplined by the head of the appropriate department, or by the city manager, without hearing or other action by the commission. The commission shall cause the rules and regulations so prepared and adopted, and all changes therein, to be printed and distributed as they shall deem necessary, and the expense thereof shall be certified by the commission, and shall be paid by the city.
κ1949 Statutes of Nevada, Page 314 (CHAPTER 148, AB 288)κ
mission, and shall be paid by the city. [Such rules and regulations shall specify the date when they will take effect and thereafter all selections of persons for employment or appointment or promotion, either in the police department or the fire department, or other department of the city, shall be made in accordance with such rules and regulations.] All selections of persons for employment or appointment or promotion, in any department of the city within the provisions of this article, shall be made in accordance with such rules and regulations. The rules and regulations prepared and adopted by the present members of the Civil Service Commission of Reno, Nevada, appointed pursuant to the provisions of chapter [95] 103, Statutes of Nevada [1939] 1947, approved March [20] 26, [1939] 1947, shall remain as the rules and regulations of the commission until such time as they shall hereafter be modified or repealed.
Sec. 15. Section 2.1 of article XX of the above-entitled act is hereby renumbered section 3.
Sec. 16. Section 4.1 of article XX of the above-entitled act is hereby repealed.
Sec. 17. Section 4.2 of article XX of the above-entitled act is hereby renumbered section 5.
Sec. 18. Section 5 of article XX of the above-entitled act is hereby renumbered section 6, and amended to read as follows:
Section [5] 6. The term of office of the chief of police, chief of the fire department, city engineer, or head of other department, shall be during the pleasure of the city manager, if there be one, or otherwise during the pleasure of the mayor and city council [; provided, however, that such officer shall only be removed from office after a hearing].
Sec. 19. Section 6 of article XX of the above-entitled act is hereby renumbered section 7, and amended to read as follows:
Section [6] 7. Whenever there shall be created by city ordinance [subordinate positions of assistant chiefs, captains, or sergeants in the police department,] new positions within any department subject to the provisions of this article or whenever vacancies shall occur [in] within any such [position that may now exist or may be hereafter created, the chief of police shall nominate a suitable person who shall first have been duly approved by the commission for such position, subject to confirmation of the city council, and subject to suspension, demotion, or removal as hereafter provided.] department, a list of not less than three qualified applicants, when that number is available, shall be submitted by the civil service commission to the head of the appropriate department. Thereafter the head or chief of such department shall appoint the applicant deemed by him to be most suitable. All such appointments shall be subject to confirmation of the city council after successful completion of the probationary period as in this article provided.
Sec. 20. Section 7 of article XX of the above-entitled act is hereby repealed.
Sec. 21. Section 8 of article XX of the above-entitled act is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 315 (CHAPTER 148, AB 288)κ
Section 8. All [members of the police department and fire department and all persons who have been employed for more than five months prior to the 1st day of May, 1943, in the office of the mayor, in the office of the city clerk, in the office of the city attorney, and in the engineering department of the city and all persons subsequently employed in conformity with the provisions of this article,] employees of the city of Reno who have been confirmed in their present positions by the city council and all persons hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period as herein provided shall hold their respective positions and employment at the pleasure of [their respective chiefs] the head of the department in which they are employed, subject to [trial] hearing as [herein] in this article provided. [for.] All vacancies in [any department within the provisions of this article shall be filled, and all new appointments shall be made by the respective department chiefs with persons who shall first have been duly approved by the commission and subject to confirmation of the city council; provided, however, that approval by the commission shall not be necessary and the provisions of this article shall not be applicable where persons are employed in positions where the work to be performed is of a seasonal or temporary nature, and will not usually continue for a period of more than six months during any calendar year. All vacancies in old offices of newly created offices] existing or newly created positions subject to the provisions of this article shall be filled by the promotion of [officers or men] employees [already] in the service, and who have proved their fitness for such promotion; provided, however, that the provisions of this article shall not apply to persons employed on a temporary basis and for periods not contemplated to exceed six months during any calendar year.
Sec. 22. Section 9 of article XX of the above-entitled act is hereby amended to read as follows:
Section 9. No [member of the police department, fire department, or other department within the provisions of this article] employee of the city within the provisions of this article shall be suspended for a [term of] period exceeding thirty (30) days, or demoted or discharged by [the chief or head of any department within the provisions of this article except as provided herein] his or her department head except as in this article provided.
Sec. 23. Section 10 of article XX of the above-entitled act is hereby amended to read as follows:
Section 10. Whenever a written complaint against any member of any of the departments within the provisions of this article is made to the chief or head thereof, he shall immediately communicate the same to the commission and a [trial] hearing may be ordered by said commission as herein provided, if in the opinion of the commission such a [trial] hearing will be for the good of the service.
Sec. 24. Section 12 of article XX of the above-entitled act is hereby amended to read as follows:
Section 12. Said commission, after receiving said notice of appeal shall, within [five] seven days, serve the appellant with a copy of the complaint and a notice fixing the time and place of [trial] hearing, which time of [trial] hearing shall not be less than five days nor more than [fifteen] thirty days after service of the notice and copy of the complaint.
κ1949 Statutes of Nevada, Page 316 (CHAPTER 148, AB 288)κ
complaint and a notice fixing the time and place of [trial] hearing, which time of [trial] hearing shall not be less than five days nor more than [fifteen] thirty days after service of the notice and copy of the complaint.
Sec. 25. Section 13 of article XX of the above-entitled act is hereby amended to read as follows:
Section 13. Notice of the time and place of such [trial] hearing, together with a copy of the charges preferred, shall be served upon the accused in the same manner as a summons is served in this state.
Sec. 26. Section 14 of article XX of the above-entitled act is hereby amended to read as follows:
Section 14. Duly verified charges may be filed with the commission, setting forth sufficient cause for the removal of any [member of the police department, fire department, or other department] employee within the provisions of this article [, except the chiefs or heads thereof,] by any person who shall then be a freeholder in, and resident of, the city, and who shall have been such a freeholder and resident continuously for more than five (5) years immediately preceding the filing of such verified charges. Upon the filing of such charges the commission shall immediately suspend such [member] employee and cause notice of the filing of such charges, with a copy thereof, to be forthwith served upon the accused [, as herein provided,] and setting a time for the [trial] hearing thereon.
Sec. 27. Section 15 of article XX of the above-entitled act is hereby amended to read as follows:
Section 15. The accused shall be entitled to a postponement or adjournment of the [trial] hearing for not to exceed a period of twenty (20) days. The complainant shall be entitled to no such adjournment or postponement. In the course of any [trial] hearing or investigation contemplated by this article, each member of the commission shall have the power to administer oaths, secure by its subpoena both the attendance of witnesses and the production of books and papers relevant to such [trial] hearing [and] or investigation and to compel witnesses to answer, and to punish for contempt in the same manner provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the [trial] hearing. [The] Any [trial] hearing, in the discretion of the commission, may be closed to the public and all witnesses shall be under oath. The accused shall have full opportunity to be heard in his own defense, and shall be entitled to secure the attendance of all witnesses necessary for his defense at the expense of the city, and may appear in person and by attorney. All evidence at any such hearing shall be taken by stenographic reporter, who shall be first sworn to perform the duties of a stenographic reporter in taking evidence in said matter fully and fairly to the best of his ability, and a transcription shall be typewritten and filed with the commission. The cost of such stenographic reporter shall be borne by the city.
Sec. 28. Section 16 of article XX of the above-entitled act is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 317 (CHAPTER 148, AB 288)κ
Section 16. Within three days [after the conclusion of the trial and] after a transcript of the proceedings shall have been filed with the commission, the commission shall, by a majority vote of its members, determine whether by a preponderance of the evidence the charges were true and whether made for religious or political or personal reasons or whether the charges were made in good faith for the purpose of improving the public service. If the charges are found to be untrue or were made for religious, political, or personal reasons the accused shall be immediately reinstated to his former position without prejudice. If the charges are found to be true and were made in good faith for the purpose of improving the public service [the disciplinary action or removal shall be sustained.] the commission shall sustain the disciplinary action theretofore taken, or impose such other disciplinary action as to the commission shall seem just and proper. The decision and findings of the commission shall be in writing and shall be filed with the transcript of the evidence with the secretary of the commission.
Sec. 29. Section 19 of article XX of the above-entitled act is hereby amended to read as follows:
Section 19. Except as herein otherwise provided, the commission shall have exclusive disciplinary power and authority over [the members of the police, fire, and other departments] all employees within the provisions of this article. Said commission shall have disciplinary power over and may remove, suspend or demote [members of said departments.] said employees for incompetency, intemperance, immoral conduct, dishonesty, inattention to duty, insubordination, conduct unbecoming a gentleman, the making of any false statement[s] to the commission, whether oral or in writing, failure or neglect to comply with the rules or regulations of the commission, refusal to testify before the commission when ordered by the commission so to do, [for] failure to comply with the rules or regulations governing the department of which the accused is a member, or for any other competent reason; provided, however, that any employee so removed, suspended, or demoted may demand a formal hearing thereon before the commission and such demand shall be in form similar to that provided for notices of appeals in section 11 of this article, and shall be filed with the secretary of the commission. [The commission may on its own motion or upon the request of the head of any of said departments suspend any officer or employee of the respective department, without salary, for a period of not to exceed twenty (20) days.]
Sec. 30. Section 20 of article XX of the above-entitled act is hereby amended to read as follows:
Section 20. This article [of this charter] shall [only be presently applicable to the personnel of the police and fire departments of the city and shall on the 1st day of May, 1943, become applicable to all personnel employed in the office of the mayor, in the office of the city clerk, in the office of the city attorney, and in the engineering department of the city, and wherever reference is made in this article to other departments it is intended to refer only to such other departments as may hereafter be included within the provisions of this article by amendment to this charter, and after the 1st day of May, 1943, to refer specifically to the office of the mayor, the office of the city clerk, the office of the city attorney, and the engineering department of the city.]
κ1949 Statutes of Nevada, Page 318 (CHAPTER 148, AB 288)κ
this article by amendment to this charter, and after the 1st day of May, 1943, to refer specifically to the office of the mayor, the office of the city clerk, the office of the city attorney, and the engineering department of the city.] apply to all employees of the city of Reno except the following: elected officials of the city, the city manager, the secretary of the city manager, the city engineer, the chief of police, the chief of the fire department, the chief deputy in the office of the city clerk, all persons employed in the city health department, in the office of the city attorney, in the office of the civil service commission, and those temporary employees mentioned in section 8 of this article; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department or city engineer shall, upon his removal from such office, be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
Sec. 31. All acts and parts of acts, insofar as the same are in conflict herewith, are hereby repealed.
________
Senate Bill No. 69Senator Johnson.
CHAPTER 149
AN ACT to regulate the practice of chiropody in the State of Nevada; creating a state board of chiropody; defining its powers and duties; and providing penalties for the violation of the provisions of this act; repealing all acts in conflict herewith; and other matters properly related thereto.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of this act chiropody (sometimes called podiatry) is defined to be the diagnosis and the medical, surgical, mechanical, manipulative, and electrical treatment of all ailments of the human foot and leg not in connection with the practice of another licensed profession, excepting amputation of the foot or leg or the administration of an anesthetic other than local. The following shall be an explanation of the terms defining chiropody:
Diagnosis shall mean to ascertain a disease or ailment by its general symptoms.
Medical treatment shall mean the application to or prescription for the foot or leg of medicines, pads, adhesives, felt, plasters, or any medicinal agency.
Surgical treatment shall mean the use of any cutting instrument to treat a disease, ailment, or condition.
Mechanical treatment shall mean application of any mechanical appliance made of steel, leather, felt, or any material, to the foot or leg or in the shoe for the purpose of treating any disease, deformity or ailment.
κ1949 Statutes of Nevada, Page 319 (CHAPTER 149, SB 69)κ
or leg or in the shoe for the purpose of treating any disease, deformity or ailment.
Manipulative treatment shall mean the use of the hand or machinery in the operation or working upon the foot or leg and its articulations.
Electrical treatment shall mean the administration of electricity to the foot or leg by means of electrodes, machinery, rays, and the like.
Provided, that nothing in this act shall prohibit the manufacture, recommendation, advertising, demonstration, or sale of arch-support shoes, foot appliances, or remedies by retain dealers; and provided further, that any diagnosis or treatment by any person not receiving direct compensation therefor shall not come under the provisions of this act.
Sec. 2. There shall be established a state board of chiropody for the State of Nevada. This board shall consist of three members to be selected from registered and licensed chiropodists of the State of Nevada. Said members shall be appointed by the governor for the term of four years, except the terms of the first appointees, which shall be from one to four years, respectively, as specified by the governor at the time of the appointment. The members of said board shall receive as compensation for their services the sum of ten dollars ($10) for each day actually spent in attendance at board meetings or in the performance of other duties required in this act, and in addition thereto they shall be reimbursed for all necessary expenses incurred in connection with the performance of their duties as members of said board. The first board shall meet in Reno, Nevada, on the second Monday following their appointment by the governor.
Sec. 3. The board shall elect one of its members president, one vice president, and one secretary-treasurer. The said board shall have the power to formulate rules and regulations governing actions of the board; provided, however, the board shall create no expenses exceeding the sum received from time to time as fees provided by law.
Sec. 4. Any person desiring to practice chiropody in this state shall furnish the state board of chiropody with satisfactory proof that he or she is twenty-one years of age or over, and of good moral character, and a citizen of the United States, and that he or she has received at least four years of high school training or the equivalent thereof, as determined by the board, and has received a diploma or certificate of graduation from a reputable school of chiropody conferring the degree of D.S.C. (Doctor of Surgical Chiropody) and recognized and approved by the state board of chiropody, having a minimum requirement of three scholastic years and one year in an accredited college, or four years in a recognized and reputable chiropody college. Upon payment of a fee of $35 to the board of chiropody examiners, and making satisfactory proof as aforesaid, the applicant shall be examined by the state board of chiropody or a committee thereof, under such rules and regulations as said board may determine and, if found qualified, shall be licensed to practice chiropody and registered, and shall receive in testimony thereof a certificate signed by the president and secretary of the board; provided, that the state board of chiropody may, under regulations of the board, admit without examination legally qualified practitioners of chiropody who hold certificates to practice chiropody in any state or territory of the United States or the District of Columbia with equal educational requirements to the State of Nevada and that extend like privileges to legally qualified practitioners from this state, upon the applicant paying to the state board of chiropody a fee of one hundred dollars ($100).
κ1949 Statutes of Nevada, Page 320 (CHAPTER 149, SB 69)κ
secretary of the board; provided, that the state board of chiropody may, under regulations of the board, admit without examination legally qualified practitioners of chiropody who hold certificates to practice chiropody in any state or territory of the United States or the District of Columbia with equal educational requirements to the State of Nevada and that extend like privileges to legally qualified practitioners from this state, upon the applicant paying to the state board of chiropody a fee of one hundred dollars ($100).
Sec. 5. Every person duly licensed to practice chiropody in this state shall, on or before the thirty-first day of October in the year in which this act becomes effective and annually on or before the thirty-first day of October of each year thereafter, apply to the state board of chiropody for a certificate of registration for the ensuing year, which application shall be made on a form to be furnished by the board, which application shall state the applicants full name and his office and residence address and the date and number of the license of such applicant issued to such applicant for the practice of chiropody in this state, and such other facts as shall tend to identify the applicant and his license to practice chiropody in this state as the board shall deem necessary. The state board of chiropody shall on or before the first day of October in each year mail to each person licensed to practice chiropody in this state, at the last known office or residence address of such person, a blank form for application or registration. The failure to mail such form of application or the failure to receive the same shall not, however, relieve any person of the duty to register and pay the fee required by this act nor exempt such person from the penalties provided by this act for failure to register.
Sec. 6. Upon due application therefor and upon submission by such person of evidence satisfactory to the state board of chiropody that such person is licensed to practice chiropody in this state, and upon the payment of the fees required to be paid by this act, the state board of chiropody shall issue to such applicant a certificate of registration under the seal of said board, which certificate shall recite that the person therein named is duly registered for the year specified. Such certificate of registration shall contain the name of the person to whom it is issued and the office address and residence address of such person, the date and number of the license issued to such person to practice chiropody, and such other information as the state board of chiropody shall deem advisable. Every person practicing shall, upon receiving such certificate, cause the same to be conspicuously displayed at all times in every office maintained by such person or in which he practices chiropody in this state.
Sec. 7. Each applicant for registration under this act shall accompany the application for registration with a registration fee to be paid to the secretary-treasurer of the state board of chiropody for the year for which registration is sought. If said application be filed and said fee paid prior to November first at the beginning of the year for which registration is sought, the amount of such fee shall be five dollars ($5). If said application be filed and said fee paid after November first, the amount of such fee shall be the sum of five dollars ($5), plus an additional one dollar ($1) for each month or part of month thereof from November first of such year to the date when such application is filed and fee paid.
κ1949 Statutes of Nevada, Page 321 (CHAPTER 149, SB 69)κ
first, the amount of such fee shall be the sum of five dollars ($5), plus an additional one dollar ($1) for each month or part of month thereof from November first of such year to the date when such application is filed and fee paid.
Sec. 8. Any person licensed to practice chiropody in this state and who has retired or may hereafter retire from such practice shall not be required to register as required by this act, provided such person shall file with the state board of chiropody an affidavit, on a form to be furnished by said board, which affidavit shall state the date on which said person retired from such practice and other facts as shall tend to verify such retirement as such board may deem necessary; provided, however, that if such person thereafter reengages in the practice of chiropody he shall register with the state board of chiropody as provided by this act.
Sec. 9. All fees provided for in this act shall be payable to the secretary-treasurer of the state board of chiropody, who shall keep a record of the account, showing the total payments received and shall immediately thereafter deposit same in a fund to be known as the State Board of Chiropody Fund. All of the salaries and expenses for the operation of such board shall be paid from said fund; provided, however, the board shall create no expense exceeding the sum received from time to time as fees as provided by law.
Sec. 10. The state board of chiropody shall hold two examinations annually for the purpose of examining applicants under this act. The examinations shall be held at such time and place as the board may see fit. The board shall provide such books, blanks, and forms as may be necessary to conduct said examinations, and shall preserve and keep a complete record of all its transactions; examinations for registration under this act shall be in the English language, written, oral or clinical, as the board may determine, and shall be in the following subjects: Anatomy, physiology, pathology, bacteriology, chemistry, surgery, diagnosis and treatment, clinical chiropody and in such other subjects pertaining to the treatment of the foot and leg as the board within its discretion may determine. No applicant shall be granted a certificate unless he attains a general average of seventy-five or over, and not less than fifty percent in any one subject. After such examinations, the board shall, without unnecessary delay, act on same and issue certificates to the successful candidates, signed by each member of the board.
Sec. 11. Every person receiving a certificate from the board shall file same with the county clerk of the county in which he or she resides. It shall be the duty of said clerk to register the name and address of each person and the date of each certificate in a book kept for such purpose, and the number of the book and the page therein containing such recordation shall appear on the face of the certificate, over the name of said county clerk recording same; the person thus registering shall pay to the said county clerk a fee of one dollar ($1).
Sec. 12. The state board of chiropody may revoke any certificate it has issued, and cause the name of the holder to be stricken from the book of registration by the county clerk in the county in which the name of the person whose certificate is revoked is registered, for any of the following causes: (a) the willful betrayal of a professional secret; (b) the making of a false statement in any affidavit required of the applicant for application, examination and registration under this act; (c) lending the use of ones name to an unregistered chiropodist; (d) any person habitually indulging in the use of narcotics, ardent spirits, stimulants or any other substance which impairs intellect and judgment to such an extent as in the opinion of the board will incapacitate such person from the performance of his or her professional duties; (e) conviction of a crime involving moral turpitude; (f) conduct which in the opinion of said board disqualifies him or her to practice with safety to the public.
κ1949 Statutes of Nevada, Page 322 (CHAPTER 149, SB 69)κ
name of the person whose certificate is revoked is registered, for any of the following causes: (a) the willful betrayal of a professional secret; (b) the making of a false statement in any affidavit required of the applicant for application, examination and registration under this act; (c) lending the use of ones name to an unregistered chiropodist; (d) any person habitually indulging in the use of narcotics, ardent spirits, stimulants or any other substance which impairs intellect and judgment to such an extent as in the opinion of the board will incapacitate such person from the performance of his or her professional duties; (e) conviction of a crime involving moral turpitude; (f) conduct which in the opinion of said board disqualifies him or her to practice with safety to the public.
Sec. 13. The board may suspend any certificate issued by it for an indefinite period to be fixed by the board, for misconduct on the part of a registered chiropodist which would not in the judgment of the board justify a complete revocation of the certificate.
Sec. 14. Any person against whom charges have been made shall be notified of that fact and a copy of the charges shall be sent to him or her by the board and he or she shall be given a fair and impartial trial by the board, whose decision shall be made by a majority vote of its members.
Sec. 15. It shall be the duty of the police department of the cities and the sheriff of each county in the state to see that all practitioners of chiropody in the state are legally registered according to the provisions of this act and to report to the attorney general of the state all cases of violation of this act, whereupon the said attorney general shall promptly prosecute those violating the provisions of this act. Any person who shall practice chiropody, as herein defined, without having complied with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not less than twenty-five dollars, nor more than one hundred dollars, for each and every offense.
Sec. 16. This act shall not apply to persons who have been practicing chiropody in this state continuously for a period of six months prior to the passage of this act, providing it can be satisfactorily shown to the board that such practice is in compliance with the law; nor shall this act apply to commissioned surgeons of the United States army, navy, or marine hospital service in the actual performance of their official duties, nor to regularly licensed physicians in the State of Nevada, nor to a visiting chiropodist called into consultation in this state from another state where he is duly qualified under the laws of that state to practice chiropody.
Sec. 17. If any part or parts, section, sentence, clause, or phrase of this act is for any reason declared unconstitutional or invalid, by a court of competent jurisdiction, such decision shall not affect the validity of this act as a whole, or any portion thereof, other than the part or portion so decided to be unconstitutional or invalid.
Sec. 18. An act entitled An act to regulate the practice of chiropody and provide for the requirements for a certificate to practice same, approved March 14, 1917; an act to amend an act entitled An act to regulate the practice of chiropody, and provide for the requirements for a certificate to practice same, approved February 28, 1941, and chapter 214, Statutes of Nevada, 1945, entitled An act to amend An act to regulate the practice of chiropody, and provide for the requirements for a certificate to practice same, approved March 14, 1917, as amended, are hereby repealed.
κ1949 Statutes of Nevada, Page 323 (CHAPTER 149, SB 69)κ
same, approved March 14, 1917; an act to amend an act entitled An act to regulate the practice of chiropody, and provide for the requirements for a certificate to practice same, approved February 28, 1941, and chapter 214, Statutes of Nevada, 1945, entitled An act to amend An act to regulate the practice of chiropody, and provide for the requirements for a certificate to practice same, approved March 14, 1917, as amended, are hereby repealed. All acts and parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed.
Sec. 19. This act shall become effective immediately upon its passage and approval.
________
Senate Bill No. 29Elko County Delegation.
CHAPTER 150
AN ACT fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Elko County, Nevada, their deputies and such other employees as are named in this act shall receive the following salaries in full compensation for all services rendered by them.
Sec. 2. The district attorney of Elko County, Nevada, shall receive a salary of three thousand eight hundred ($3,800) per annum for all his services as such officer; in case of emergency he may, with the unanimous consent of the board of county commissioners, employ one deputy who shall receive a salary in amount not to exceed three thousand dollars ($3,000) per annum; the district attorney of Elko County is hereby authorized and empowered to employ one person to act as his secretary, who shall receive as salary an amount not to exceed two thousand four hundred dollars ($2,400) per annum; the district attorney and his deputy shall be allowed only their actual expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Elko County or any governmental agency.
Sec. 3. The sheriff of Elko County shall receive the sum of four thousand four hundred dollars ($4,400) per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided further, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
κ1949 Statutes of Nevada, Page 324 (CHAPTER 150, SB 29)κ
away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff of Elko County is hereby authorized and empowered to employ one undersheriff who shall receive a salary not to exceed three thousand six hundred dollars ($3,600) per annum; one jailor who shall receive a salary of two thousand seven hundred dollars ($2,700) per annum; and one office deputy who shall receive a salary in an amount not to exceed three thousand dollars ($3,000) per annum; provided, that in cases of emergency and when the board of county commissioners deem it necessary, the sheriff may, with the consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue, and shall be paid at the rate of seven dollars and fifty cents ($7.50) per day, but not to exceed two hundred and twenty-five dollars ($225) per month, for services performed in any one month by any such deputy.
Sec. 4. The county clerk of the county of Elko, State of Nevada, and ex officio clerk of the district court of the fourth judicial district of the State of Nevada, in and for the county of Elko, shall receive as salary the sum of three thousand eight hundred dollars ($3,800) per annum; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county clerk may appoint one deputy who shall receive a compensation in an amount not to exceed three thousand dollars ($3,000) per annum.
Sec. 5. The county recorder in and for the county of Elko, State of Nevada, and as ex officio auditor, shall receive the sum of three thousand eight hundred dollars ($3,800) per annum as compensation for all his services as such officer; and he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount not to exceed three thousand dollars ($3,000) per annum.
Sec. 6. The assessor of Elko County, Nevada, shall receive a salary of four thousand two hundred dollars ($4,200) per annum; he shall pay into the county treasury of said county each month all moneys collected by him as fees and taxes, without deduction of any nature; the county assessor may appoint one deputy who shall receive a salary in an amount not to exceed three thousand dollars ($3,000) per annum; he may employ such other assistants, with the consent of the board of county commissioners, as may be necessary; provided, however, the total compensation for the services and actual traveling expenses of all such other assistants shall not exceed four thousand dollars ($4,000) per annum. The salaries and commissions authorized in this section shall be in full compensation for all services whatsoever required of and performed by the assessors office.
κ1949 Statutes of Nevada, Page 325 (CHAPTER 150, SB 29)κ
Sec. 7. The county treasurer and ex officio tax receiver of Elko County, Nevada, shall receive the sum of three thousand eight hundred dollars ($3,800) per annum which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasury each month all moneys collected by him as fees, without deductions of any nature; the county treasurer may appoint one deputy who shall receive a salary in an amount not to exceed three thousand dollars ($3,000) per annum.
Sec. 8. The county commissioners of Elko County, Nevada, shall receive the sum of eighteen hundred dollars ($1,800) per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed ten cents (10’) per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat.
Sec. 9. All annual salaries herein provided shall be payable monthly in twelve equal installments.
Sec. 10. The county commissioners of Elko County, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such periods of time as may be necessary and to fix their compensation in an amount not to exceed two hundred and twenty-five dollars ($225) per month, for any such assistant; and are also authorized and empowered to fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistants; and to fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; provided, such rate shall not be in excess of ten cents (10’) per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any such officer.
Sec. 11. Chapter 23, 1947 Statutes of Nevada, entitled An act fixing the compensation of county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, is hereby repealed. And all other acts, parts of acts, insofar as they are inconsistent with the provisions of this act, are hereby repealed.
Sec. 12. This act shall be in full force and effect from and after March 1, 1949.
________
κ1949 Statutes of Nevada, Page 326κ
Senate Bill No. 209Senator Budelman.
CHAPTER 151
AN ACT authorizing the county auditor and the county treasurer of Nye County, State of Nevada, to transfer certain funds now in the treasury of said county.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county auditor and the county treasurer of Nye County, State of Nevada, are hereby authorized and directed to transfer from the Nye County road fund to the Nye County high-school fund the sum of four thousand eight hundred and sixty-six dollars ($4,866).
Sec. 2. The county auditor and the county treasurer of Nye County, State of Nevada, are hereby authorized and directed to transfer from the Nye County road fund to the Nye County district school fund the sum of five thousand five hundred and nineteen dollars ($5,519).
Sec. 3. This act shall become effective immediately upon its passage and approval.
________
Senate Bill No. 211Committee on Public Morals.
CHAPTER 152
AN ACT regulating and providing for the licensing of the supplying and dissemination of horse racing information; defining the powers and duties of the Nevada tax commission with reference thereto; authorizing and empowering the Nevada tax commission to fix the rates charged for the dissemination of such information; providing penalties for violation thereof; and other matters properly relating thereto.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It shall be unlawful for any person, firm, corporation, or association in this state to supply or disseminate in this state by any means information received from any source outside of this state concerning horse racing when such information is to be used by the user for the purpose of maintaining and operating any gambling game and particularly any horse race book, without first having obtained a license so to do as in this act provided. The provisions of this section shall not be construed to include in its operation any public utility operating in the State of Nevada.
Sec. 2. The Nevada tax commission shall have the power and jurisdiction to regulate and control the business of supplying and disseminating information by such means concerning horse racing, and to issue licenses to such disseminators, and to suspend or revoke such licenses, in accordance with reasonable rules and regulations to be made and promulgated by the tax commission, and the Nevada tax commission hereby is empowered to make such rules and regulations, as may be necessary for the orderly administration of this act and for the protection of the public and in the public interest.
κ1949 Statutes of Nevada, Page 327 (CHAPTER 152, SB 211)κ
tax commission hereby is empowered to make such rules and regulations, as may be necessary for the orderly administration of this act and for the protection of the public and in the public interest.
Sec. 3. Any disseminator of such information obtaining a license under this act shall pay to the Nevada tax commission the sum of ten dollars ($10) per day for each and every day for each and every horse race book to which such supplier or disseminator shall furnish such information in this state. The Nevada tax commission shall cause all moneys so paid to it to be deposited in the general fund of the state.
Sec. 4. Any disseminator of such information obtaining a license under this act hereby is required to furnish such information to any licensed race horse book or sports pool operator applying to such disseminator therefor, and the same shall be furnished by such disseminator as adequately and efficiently as the same is furnished to any and all other users of such information furnished by such disseminator.
Sec. 5. The Nevada tax commission shall have the power and jurisdiction to fix, regulate and control the rates to be charged by any disseminator of such information; provided, however, that such rates shall be just and reasonable. It shall be unlawful for any disseminator of such information to increase directly or indirectly the rate charged by such disseminator to any user of such information in excess of the rate charged by it to such users as of March 1, 1948, without first applying to the Nevada tax commission for permission to increase such rate. In no event shall the Nevada tax commission allow any rate increase for the purpose of including in such rate charged to the user of such information the license fee herein required to be paid by such disseminator. In the event of any such application to increase the rate to be charged the Nevada tax commission shall give notice thereof to the user or users of such information concerned and to all persons interested and shall consider the application at a public hearing. If the rate or rates charged by the disseminator are found by the Nevada tax commission to be unjust or unreasonable the Nevada tax commission hereby is empowered to reduce the same to a reasonable and just rate. Any user of such information may apply to the Nevada tax commission for a reduction in the rate charged to such user and the Nevada tax commission likewise may consider such application at a public hearing after notice thereof to the disseminator and to all persons interested.
Sec. 6. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 7. Any person or firm, association or corporation, or any of their officers or agents, violating any of the provisions of this act shall be guilty of a felony, and upon conviction thereof shall be punished by a fine of $5,000 and/or imprisonment in the state penitentiary for a term not to exceed five years.
________
κ1949 Statutes of Nevada, Page 328κ
Senate Bill No. 82Senator Baker.
CHAPTER 153
AN ACT to amend an act entitled An act authorizing the purchase, lease, hire, exchange, transfer, or acquisition by gift or use, from the war assets administration or other agency of the United States government of installations, equipment, rights and other property of and appurtenant to the Basic Magnesium Incorporated enterprise in Clark County, Nevada, and elsewhere; providing for the disposition of property to be so acquired and authorizing use of Colorado river commission funds for necessary expenditures to carry out the purpose of this act, and defining the duties of certain boards, commissions, or others in relation thereto, approved March 10, 1947.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 128, page 450, Statutes of 1947, is amended to read as follows:
Section 4. The said board, after acquisition as aforementioned of any of the said property, shall have the right to, and they are hereby authorized to, negotiate for the sale, allotment, distribution, lease, sublease, of all or any such property to private corporations, concerns, or individuals on such terms as the board in its discretion shall deem to be just; provided, that no sale of any real property may be made without the approval of the state board of control [and the legislature of the State of Nevada.] , which shall execute any and all deeds. The proceeds of any sale, allotment, distribution, lease, sublease, granted as herein provided, shall be devoted on account in the first instance to carrying out the contract with the government of the United States or its agencies or corporations, referred to herein, with the balance paid into the general fund in the state treasury.
Sec. 2. There is hereby added to said act immediately after section 4 thereof a new section to be known as section 4.5 which shall read as follows:
Section 4.5. All bills incurred by the board pursuant to any provision of this act shall be certified by the board, or its agent duly authorized, in such detail as may be required by the board of examiners, and shall be presented to and examined by the board of examiners and audited, allowed and paid as are other claims against the State of Nevada, out of the appropriate fund and moneys available therefor; provided, however, that upon the written request of the board the state controller shall be and he hereby is authorized, empowered and directed to draw his warrant or warrants from time to time in favor of the board in such sum or sums as the board shall certify to be necessary for the current payment of such bills when and as they shall fall due, but no warrant issued in any one month shall exceed the sum of fifty thousand ($50,000) dollars. Upon the presentation of any such warrant the state treasurer shall be, and he hereby is, authorized, empowered and directed to pay the same from the funds in the state treasury under the control of the Colorado River Commission of Nevada and not from the general funds of the state.
κ1949 Statutes of Nevada, Page 329 (CHAPTER 153, SB 82)κ
The proceeds of said warrants shall be known as the Colorado river commission revolving fund and may be used by the board for the prompt payment of current pay rolls and other obligations of the board incurred pursuant to the provisions of this act or activities of the board in carrying this act into effect and all bills so paid from said revolving fund shall be passed upon, examined, audited, allowed and paid in the same manner and at the time claims against the State of Nevada are paid, but the controllers warrants shall be in favor of said revolving fund, subject to the order of the board. The board shall deposit all funds coming into its hands as a revolving fund or funds in one or more banks of reputable standing and to take security for the same satisfactory to the board of examiners. In addition, the board shall give such bond for the proper expenditure of the moneys in said revolving fund or funds drawn upon checks or vouchers signed by them, or either of them, or any agent of the board, as the board of examiners may require.
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act shall be effective immediately from and after its passage and approval.
________
Senate Bill No. 45Committee on Public Health.
CHAPTER 154
AN ACT to provide for the examination, licensing, and regulation of practical nurses; to provide for a board of nurse examiners; to define the duties and powers of said board; and to provide penalties for the violation of the provisions of this act.
[Approved March 26, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In order to safeguard life and health, any person practicing or offering to practice practical nursing in this state for compensation shall, as hereinafter provided, be required to submit evidence that he or she is qualified so to practice. After May 1, 1950, it shall be unlawful for any person to practice or offer to practice practical nursing in this state or to use any title, abbreviation, sign, card, or device to indicate that such person is practicing practical nursing unless he or she holds a valid and subsisting license issued under the provisions of this act.
Sec. 2. As used in this act the practice of practical nursing shall apply to any person who for compensation performs such duties as are required in the physical care of the sick and carries out medical orders prescribed in connection therewith by a licensed physician and who has a knowledge of simple nursing procedures as distinguished from the professional knowledge, training, and skills required for professional nursing.
κ1949 Statutes of Nevada, Page 330 (CHAPTER 154, SB 45)κ
As used in this act board means the state board of nurse examiners established pursuant to section 3 of An act to regulate the professional nursing of the sick in the State of Nevada, and to regulate schools of nursing in the State of Nevada, providing for a board of examiners therefor; providing for the examination and issuance of licenses or certificates for registered nurses; providing for accreditation of schools of nursing in the State of Nevada; other matters properly relating thereto; providing penalties for the violation of this act, and repealing all acts and parts of acts in conflict herewith, approved March 31, 1947.
Sec. 3. The board shall issue licenses to qualified practical nurses applying therefor; the board shall have the power to deny, suspend, or revoke licenses issued pursuant to this act and shall have the power otherwise to discipline licensees hereunder as hereinafter prescribed; the board shall have the power to issue subpenas compelling attendance of witnesses at hearings properly held by it, and its members shall have the power to administer oaths to persons giving testimony at such hearings; it shall be the duty of the board to cause the prosecution of all persons violating the provisions of this act; the board shall have the power to prescribe standards and curricula for schools of practical nursing, to visit, survey, supervise, and accredit such schools and to remove such schools from an accredited list for just cause.
Sec. 4. Each applicant for a license to practice as a practical nurse shall submit to the board written evidence, verified upon oath, that the applicant:
(1) Is at least eighteen years of age.
(2) Is of good moral character.
(3) Is in good physical and mental health.
(4) Has such other preliminary qualifications as the board may from time to time prescribe.
Sec. 5. The board shall grant a license to practice as a practical nurse in this state to each applicant having the preliminary qualifications set forth in section 4 hereof and who:
(1) Passes the practical nurses examination, which examination shall be given by the board not less than once each calendar year; or
(2) Holds a license as a practical nurse under the laws of another state, territory, or country, if the standards for licensure of practical nurses in such state, territory, or country are equivalent to those of this state; or
(3) Submits satisfactory proof to the board that he or she has had at least one year of successful experience in the practical nursing care of the sick prior to May 1, 1950, which proof shall include the recommendation of at least two physicians licensed to practice in the State of Nevada who have personal knowledge of the applicants experience and qualifications.
Each application made hereunder shall be accompanied by a fee in the sum of $5 which shall be paid to the board. All funds received by the board pursuant to provisions of this act shall be disbursed and accounted for in the same manner as now provided by law for other funds coming into the hands of the board.
κ1949 Statutes of Nevada, Page 331 (CHAPTER 154, SB 45)κ
accounted for in the same manner as now provided by law for other funds coming into the hands of the board.
Sec. 6. Every license issued pursuant to this act shall, subject to provisions of this act, be valid until March 1, 1952, or, if issued after that date, until the first day of March of the next succeeding even-numbered year. Each license issued hereunder may be renewed by the holder thereof by submitting to the board an application for renewal of license in such form as shall be determined by the board. Each application for renewal of license shall be accompanied by a fee of $2. On or before the 20th day of January 1952, and on or before the 20th day of January of each even-numbered year thereafter, the secretary of the board shall mail a form for application for renewal of license to every person holding a valid and subsisting license hereunder. The board shall issue a renewal license good for a period of two years to every qualified applicant therefor who submits a properly completed and executed application for renewal of license, together with the aforesaid fee of $2.
Sec. 7. The board shall have the power to discipline any licensee hereunder to the extent set forth in section 3 hereof upon proof that such licensee:
(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing.
(2) Is guilty of a crime or gross immorality.
(3) Is unfit or incompetent by reason or negligence, habits, or other causes.
(4) Is habitually intemperate or is addicted to the use of habit-forming drugs.
(5) Is mentally incompetent.
(6) Has willfully or repeatedly violated any of the provisions of this act.
The board shall have jurisdiction to hear all charges brought against any licensee under the provisions of this section, and upon such hearing shall determine said charges upon their merits.
Upon the filing of a verified complaint with the board, charging any licensee with having been guilty of any of the actions specified above as grounds for disciplinary action, the president of the board shall appoint a committee of three board members to investigate such complaint.
If such a committee believes a hearing to be necessary the secretary of the board shall fix a time and place for hearing before the whole board and shall cause a copy of the charges, together with a notice of the time and place fixed for hearing, to be served on the accused at least ten days prior thereto. If, after twenty (20) days, personal service cannot be effected, the secretary of the board shall send by registered mail notice of the time and place of said hearing, together with a copy of the charges preferred, to the accused at his or her last-known address. The hearing shall not be held less than thirty (30) days after notice thereof has been mailed to the accused.
κ1949 Statutes of Nevada, Page 332 (CHAPTER 154, SB 45)κ
At the hearing the accused shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence on his or her own behalf, to cross-examine witnesses and to have subpenas issued by the board. If, upon the conclusion of the hearing, the accused is found guilty of the charges, or of any of them, the board may suspend or revoke his or her license. Any revocation of license, suspension thereof for a fixed period, reprimand, censure, or other disciplinary action shall only be by unanimous vote of the members of the board. If the accused is found not guilty the board shall issue an order dismissing all charges.
The board shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings; but its findings and decision in every case shall be based upon competent legal evidence.
Any person aggrieved by the action of the board in suspending or revoking his or her license may appeal to the district court in the county in which he or she resides, within thirty (30) days after written notice of such action.
The board, by unanimous action, in accordance with its bylaws and regulations, may reissue a license to a person whose license has been suspended or revoked under the provisions of this section; provided, however, that in case of revocation of license an interval of one year shall have elapsed since the date of such revocation.
Sec. 8. No provision of this law shall be construed as prohibiting gratuitous nursing by friends or of members of the family, or as prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this act, or as prohibiting nursing assistance in the case of an emergency, nor shall it be construed as prohibiting the practice of nursing by students enrolled in accredited schools of professional nursing or in schools of practical nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation, nor shall it be construed as prohibiting the practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length; provided, such person does not represent or hold himself or herself out as a nurse licensed to practice in this state, nor shall it be construed as prohibiting the practice of any legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency thereof, while in the discharge of his or her official duties.
Sec. 9. Any person violating the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
Sec. 10. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, the remainder of this act, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
κ1949 Statutes of Nevada, Page 333 (CHAPTER 154, SB 45)κ
any person or circumstance shall be held invalid, the remainder of this act, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
Sec. 11. This act shall be in effect from and after its passage and approval.
________
Senate Bill No. 181Senator Baker.
CHAPTER 155
AN ACT to amend an act entitled An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947.
[Approved March 28, 1949]
Whereas, There are several elementary school districts established within the boundaries of educational district No. 2, Clark County, State of Nevada, but not a part of said educational district; and
Whereas, A large expanse of territory within said educational district is not organized into school districts; and
Whereas, The circumstances above related preclude the possibility of one special district tax rate for elementary school purposes for the entire area embraced within said district; and
Whereas, The high schools maintained within said educational district No. 2 are located within the largest elementary school districts within its boundaries; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 119 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 119. The high school snow operating within the boundaries of the educational districts established in this chapter are hereby designated as district high schools within the purview of chapter 20 of this school code; and, upon meeting the requirements of section 131 of said chapter, each of said district high school is entitled to make application for and to receive the county said provided for in said chapter [.] ; provided, that the county aid to district high schools, provided in chapter 20 of this school code, for each of the district high schools established and operated or which may hereafter be established and operated within said educational district No. 2, shall be based upon the combined special district tax rate of educational district No. 2 and the special district tax rate of the elementary school district within which such district high school is established.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 334κ
Senate Bill No. 74Senator Munk.
CHAPTER 156
AN ACT to regulate spraying of fields by airplane; providing penalties; and other matters properly relating thereto.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Every person, individual, firm, association, or corporation, or any member, officer, agent or employee thereof, engaged in the business of spraying fields, ranches, ranges, crops, or any similar property, with any material, poison, spray or solution, for the purpose of destroying noxious weeds, plants, insects or animals thereon by airplane, shall first apply to the state department of agriculture for a license to engage in said business. The original application for a license shall be accompanied by a fee of twenty-five dollars ($25). Said license shall be renewed annually upon payment of a twenty-five dollar ($25) registration fee and the state department of agriculture is hereby empowered to set up rules and regulations for the purpose of carrying out the provisions of this act.
Sec. 2. The state department of agriculture shall grant a license to anyone engaged in the business of spraying by airplane, as set forth in section 1; provided, such person, individual, corporation, firm, association, shall present to the department evidence showing coverage by public liability and property insurance in an amount not less than ten thousand dollars ($10,000).
Sec. 3. The failure to first procure a license prior to spraying operations shall be unlawful and shall be deemed a misdemeanor punishable upon conviction by a fine of not more than five hundred dollars ($500), or sixty (60) days in jail, or both.
Sec. 4. This act shall be in full force and effect from and after April 1, 1949.
________
Senate Bill No. 78Senators Tallman and Lemaire.
CHAPTER 157
AN ACT providing for the hydrographic study of the Humboldt river stream system and tributaries by the state engineer for the purpose of flood control and storage of water, providing for the payment of the cost thereof and other matters properly relating thereto.
[Approved March 28, 1949]
Whereas, The department of the army, corps of engineers, Sacramento district, has prepared a flood control survey report on the Humboldt river and tributaries in Nevada; and
Whereas, The report recommends the construction of three flood control dams in Elko County, certain channel improvements along the reach of the river and main channel drainage improvements in the Lovelock area and certain participation by local interests; and
κ1949 Statutes of Nevada, Page 335 (CHAPTER 157, SB 78)κ
Whereas, The Humboldt river board, created pursuant to section 7938 N. C. L. 1929, as amended by chapter 159, Statutes of 1947, by motion duly made and passed, has gone on record as favoring an engineering investigation, under the direction of the state engineer, to determine the effect of such upstream storage on operational procedure and to the benefits and/or damages to the decreed water rights of the various water users, the apportionment of reimbursable charges, the type of entity needed and other necessary data; therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state engineer is hereby authorized and directed to make a complete hydrographic study of the waters of the Humboldt river and tributaries in connection with the proposed upstream storage reservoirs, stream channel improvements, and drainage improvements in the Lovelock area, to determine the effects of such works to the water users, the benefits and other needed data, all of which will be necessary prior to authorization of construction of such works. The state engineer is hereby directed to report to the next legislature the results of such study.
Sec. 2. For the purpose of making such engineering study the state engineer is directed to engage the needed engineering personnel at a total cost not to exceed seventy-five hundred dollars ($7,500) per annum. The costs of such study shall be paid by the water users of the Humboldt river stream system and the state engineer is authorized to budget, if necessary, for such costs in the manner set forth in section 7937 N. C. L. 1929, as amended by chapter 159, Statutes of 1947; provided, said costs may be paid in the first instance by the state engineer from The Water Distribution Fund as provided by section 7937 N. C. L. 1929, as amended by chapter 159, Statutes of 1947.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 189Senator Lemaire.
CHAPTER 158
AN ACT fixing the compensation of the county officers of Lander County, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Lander County, Nevada, their deputies and such other employees as are named in this act, shall receive the following salaries in full compensation for all services rendered by them.
Sec. 2. The sheriff of Lander County shall receive the sum of twenty-eight hundred and eighty dollars ($2,880) per annum, and the commissions allowed by law for all collections of all licenses, which shall be compensation in full for all services rendered.
κ1949 Statutes of Nevada, Page 336 (CHAPTER 158, SB 189)κ
shall be compensation in full for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than ten miles from the county seat, he shall be allowed his necessary traveling expenses; provided further, that when it becomes necessary in civil cases for the sheriff to travel a greater distance than ten miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. The sheriff of Lander County is hereby authorized and empowered to employ and may hereafter appoint three deputies, such appointments to be made with the approval of the county commissioners. The three deputy sheriffs so appointed shall receive a salary not to exceed twenty-six hundred and forty dollars ($2,640) each per annum.
Sec. 3. The county assessor of Lander County, Nevada, shall receive a salary of twenty-six hundred and forty dollars ($2,640) per annum, and such fees and commissions as are now allowed by law.
Sec. 4. The county recorder, as such, and as ex officio auditor, shall receive a salary of twenty-eight hundred and eighty dollars ($2,880) per annum, and the fees allowed under the act of February 27, 1883. He shall perform all county work required in the office, and extend the annual assessment roll without further compensation or charge against the county.
Sec. 5. The county treasurer shall receive a salary of twenty-six hundred and forty dollars ($2,640) per annum.
Sec. 6. The county clerk shall receive a salary of twenty-six hundred and forty dollars ($2,640) per annum, and such civil fees as are now allowed by law.
Sec. 7. The district attorney, as such, shall receive a salary of twenty-eight hundred and eighty dollars ($2,880) per annum, and such fees and commissions as are now allowed by law.
Sec. 8. All annual salaries herein provided shall be payable monthly in twelve equal installments.
Sec. 9. Chapter 67, 1947 Statutes of Nevada, entitled An act to amend an act entitled An act fixing the salaries and compensation of county officers and deputies in and for the county of Lander, State of Nevada, approved March 24, 1931, and to repeal certain acts in conflict therewith, is hereby repealed, and all other acts and parts of acts, insofar as they are inconsistent with the provisions of this act, are hereby repealed.
Sec. 10. This act shall be in full force and effect from and after January 1, 1950.
________
κ1949 Statutes of Nevada, Page 337κ
Senate Bill No. 14Senator Loomis.
CHAPTER 159
AN ACT to amend an act entitled An act authorizing clerks for justice courts in townships having fifteen thousand or more population, fixing the duties of said clerks, and other matters relative thereto, approved March 25, 1939.
[Approved March 28, 1949]
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 section 8475.20, 1929 N. C. L., Supp., 1941, is amended to read as follows:
Section 1. In any township in this stat wherein the population at the last preceding census, was [fifteen] seven thousand or more, the board of county commissioners shall appoint a clerk for the justices court of said township, and provide compensation therefor not to exceed the sum of [one hundred ($100) dollars] two hundred dollars ($200) per month upon the written nomination and recommendation of the duly elected, qualified, and acting justice of the peace of said township. Said justices clerk shall take the constitutional oath of office and give bond in the sum of two thousand ($2,000) dollars for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county. Said justices clerk shall have authority to administer oaths, take and certify affidavits and acknowledgments, issue process, enter suit on the docket, and do all clerical work in connection with the keeping of the records, files, and dockets of said court, and perform such other duties in connection with the office as the justice of the peace shall prescribe.
Sec. 2. The title of the above-entitled act is hereby amended to read as follows:
An act authorizing clerks for justice courts in townships having [fifteen] seven thousand or more population, fixing the duties of said clerks, and other matters relative thereto.
Sec. 3. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 91Committee on Finance.
CHAPTER 160
AN ACT to appropriate additional funds for the office of the state labor commissioner.
[Approved March 28, 1949]
Whereas, Due to the increased cost of statistical help, office supplies, and telephone and telegraph service the funds set up for the support of the office of the state labor commissioner are exhausted; and
Whereas, To continue the work of this office it will be necessary to appropriate additional funds in the amount of five hundred dollars ($500) to cover the period ending June 30, 1949, for such purposes; now, therefore,
κ1949 Statutes of Nevada, Page 338 (CHAPTER 160, SB 91)κ
appropriate additional funds in the amount of five hundred dollars ($500) to cover the period ending June 30, 1949, for such purposes; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury not otherwise especially appropriated the sum of five hundred dollars ($500) as an additional and supplemental appropriation for the support of the office of the state labor commissioner, apportioned as follows:
$500 for office supplies and incidentals.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 3. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 12Senator Munk.
CHAPTER 161
AN ACT for the relief of Hay Ranches, Inc.
[Approved March 28, 1949]
Whereas, Hay Ranches, Inc., of Lovelock, Nevada, purchased gasoline from various oil companies and individual dealers during 1945; and
Whereas, Pursuant to law bills for said gasoline, solely used for nonhighway use, were forwarded to the state controller by said corporation; and
Whereas, Warrants were issued for the state tax refund, all of said warrants being cashed except No. 3498, issued on August 24, 1945; and
Whereas, Said warrant No. 3498 was carried by the state controller in the lost warrant account, not having been cashed, and therefore escheated to the general fund of the State on June 30, 1947; and
Whereas, Said claim is a proper charge against the State of Nevada; and
Whereas, There is no other method whereby said claim might be paid, other than by legislative action; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The claim of Hay Ranches, Inc., set out in the foregoing preamble, is hereby allowed and declared to be a valid claim against the State of Nevada in the sum of sixty-six dollars and fifty-two cents ($66.52) and the said sum of sixty-six dollars and fifty-two cents ($66.52) is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, to pay said claim, and the state controller is directed to draw a warrant in favor of Hay Ranches, Inc.,
κ1949 Statutes of Nevada, Page 339 (CHAPTER 161, SB 12)κ
said claim, and the state controller is directed to draw a warrant in favor of Hay Ranches, Inc., for said amount, and the state treasurer is directed to pay the same.
Sec. 2. This act shall in full force and effect from and after its passage and approval.
________
Senate Bill No. 5Committee on Finance.
CHAPTER 162
AN ACT for the relief of the Elmer Paper Company, a division of the Carpenter Paper Company, and providing an appropriation therefor.
[Approved March 28, 1949]
Whereas, Pursuant to the election laws of this state the secretary of state is mandatorily required to purchase all election ballot paper for use of the electors at primary and general elections and distribute the same to the respective counties; and
Whereas, The secretary of state did perform such mandatory duty prior to the primary and general elections held in the year 1948 and did order, receive, and distribute said ballot paper according to law; and
Whereas, The purchase price of said ballot paper in the year 1948 increased fifty per centum and more over the estimated price thereof submitted to the 1947 legislature, which said legislature appropriated the sum of $2,000 for the purchase thereof; and
Whereas, The great increase in said price of said ballot paper increased the total cost thereof over and above the amount so appropriated by the legislature to the extent of $999.12, which said sum is due and owing the Elmer Paper Company, a division of the Carpenter Paper Company of Reno, Nevada, as a balance due for the furnishing of the necessary ballot paper for the general election in 1948; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That there is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of nine hundred ninety-nine and 12/100 dollars ($999.12) for the relief of the Elmer Paper Company, a division of the Carpenter Paper Company, Reno, Nevada, as and for full payment of its said account. The state controller shall draw his warrant therefor and the state treasurer shall pay the same.
Sec. 2. This act shall become effective immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 340κ
Senate Bill No. 208Senator Wilson.
CHAPTER 163
AN ACT prohibiting the furnishing of weapons, explosives, deleterious drugs and substances and intoxicating liquors to prisoners in the state prison and prison farm, and providing punishment for the violation of this act.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any person, not authorized by law, who knowingly shall furnish, or attempt to furnish, or aid or assist in furnishing or attempting to furnish to any prisoner confined in the state prison or state prison farm any deadly weapon, explosives, any deleterious narcotic or other drug or deleterious substance or intoxicating liquor, shall be deemed guilty of a felony and upon conviction shall be punished by imprisonment in the state prison for not more than two (2) years. Knowingly leaving or causing to be left any such article where it may be obtained by any such convict shall be held to be, within the meaning of this act, the furnishing such article to such convict.
________
Senate Bill No. 139Senator Murray.
CHAPTER 164
AN ACT to amend an act entitled An act to provide an excise tax on the use of combustible liquids and gases to propel motor vehicles on the highways of this state; to provide for the issuance of permits to users of such liquids and gases; to provide for the levy, assessment, collection, payment and disposition of such tax; to provide for the keeping of records by users of such liquids and gases; to provide for the administration and enforcement thereof by the Nevada tax commission; to prescribe penalties for violation of the provisions thereof; to provide that such tax shall be in lieu of certain taxes imposed by chapter 74, Statutes of Nevada 1935; and to define certain words, terms and phrases used herein, approved March 24, 1939.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 6570.21, Supp. 1941, is hereby amended to read as follows:
Section 2. The following words, terms and phrases when used in this act have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Motor vehicle means every self-propelled vehicle operated on the highway.
(b) Fuel means any combustible gas, liquid or material of a kind used in an internal combustion engine for the generation of power to propel a motor vehicle on the highways, except motor vehicle fuel as defined in chapter 74, Statutes of Nevada 1935, or any amendments thereto.
κ1949 Statutes of Nevada, Page 341 (CHAPTER 164, SB 139)κ
defined in chapter 74, Statutes of Nevada 1935, or any amendments thereto. For the purpose hereof, the words internal combustion engine shall be deemed to include a diesel engine and any other engine operated by internal expansion.
(c) Highway means every way or place of whatever nature open to the use of the public, for purposes of traffic, including highways under construction.
(d) Person means any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, [this state, any county, municipality, district or other political subdivision thereof,] or any other group or combination acting as a unit, and the plural as well as the singular number.
(e) Use, as a verb, means receive into any receptacle on a motor vehicle, fuel consumed in propelling such motor vehicle on the highways of this state, except that if such fuel is received into such receptacle outside this state, use, as a verb, means consume in propelling such motor vehicle on the highways of this state; use, as a noun, means the act of using.
(f) User means any person who used fuel.
(g) Commission means the Nevada tax commission, as defined in the Statutes of Nevada relating to the creation thereof, and its duly authorized agents.
Sec. 2. The above-entitled act is further amended by adding thereto a new section to be known as section 28.5 immediately following section 28 of the above act and shall read as follows:
Section 28.5. The state, county, municipality, district or other political subdivisions thereof, are specifically exempt from the provisions of this act.
Sec. 3. This act shall become effective immediately upon its passage and approval.
________
Senate Bill No. 222Committee on Finance.
CHAPTER 165
AN ACT authorizing the state board of health to enter into cooperative agreements with the childrens bureau of the federal security agency concerning rheumatic fever; defining its powers and duties; making an appropriation therefor, and other matters relating thereto.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of twenty-five thousand (25,000) dollars, to be expended through the state board of health during the biennium ending June 30, 1951, for the control, treatment, investigation, research, and eradication of rheumatic fever.
Sec. 2. It shall be the duty of said board to enter into a cooperative agreement or agreements with the childrens bureau of the federal security agency, prescribing the manner, terms and conditions of such cooperation, and amounts which the state and federal governments will respectively contribute thereto, for each fiscal year, and said board in its work under the provisions of this act shall be governed by said agreement or agreements.
κ1949 Statutes of Nevada, Page 342 (CHAPTER 165, SB 222)κ
agreement or agreements with the childrens bureau of the federal security agency, prescribing the manner, terms and conditions of such cooperation, and amounts which the state and federal governments will respectively contribute thereto, for each fiscal year, and said board in its work under the provisions of this act shall be governed by said agreement or agreements.
Sec. 3. All claims against the appropriation provided for by this act shall be submitted for verification and approval as to correctness to the state health officer of Nevada, and audited by the state board of health and, if approved, forwarded to the state board of examiners for their audit, approval, and payment in the manner provided by law.
Sec. 4. This act shall be in full force and effect from and after its passage and approval for the purpose of negotiating and signing the agreement or agreements provided herein and for other matters of organization; provided, however, that no expenditures from the appropriation herein provided shall be made prior to July 1, 1949.
________
Senate Bill No. 215Committee on Finance.
CHAPTER 166
AN ACT making a deficiency appropriation of six thousand ($6,000) dollars for the support of the state board of control.
[Approved March 28, 1949]
Whereas, The forty-third session of the Nevada legislature appropriated the sum of $78,000 for the support of the state board of control, of which appropriation the sum of $18,000 was apportioned for payment of fuel, lights, and laundry; and
Whereas, Increased costs and expenses have exceeded the amount estimated and apportioned for such fuel, lights, and laundry, and there is not a sufficient balance remaining of said apportionment to meet the needs of the board of control for the remainder of the current fiscal year; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any money in the general fund not otherwise appropriated, the sum of six thousand ($6,000) dollars for the support of the state board of control, apportioned to the payment of fuel, lights, and laundry, for the remainder of the current fiscal year ending June 30, 1949.
Sec. 2. This act is declared to be an emergency measure, and shall be effective from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 343κ
Senate Bill No. 220Senator Nores.
CHAPTER 167
AN ACT concerning Lincoln County officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The compensation of the respective officers of the County of Lincoln, State of Nevada, is hereby fixed as follows, to be allowed, audited and paid monthly.
The county commissioners shall each receive twelve hundred dollars ($1,200) per annum.
The county clerk, county recorder, county treasurer, county assessor and district attorney shall each receive three thousand dollars ($3,000) per annum.
The sheriff shall receive thirty-nine hundred dollars ($3,900) per annum.
Sec. 2. The sheriff may appoint such deputies as his office may, from time to time require, and as conditions of the county may demand, who shall receive monthly salaries to be fixed by the board of county commissioners not in excess of two hundred seventy-five dollars ($275), to be allowed, audited and paid as salaries of other county officers; provided, that the sheriff may appoint other deputies who shall serve without compensation.
Sec. 3. The district attorney, the county assessor, the county treasurer, the county clerk, and the county recorder may each employ a deputy, or deputies, when in their respective opinions the business of their offices requires and justifies the same, at a salary to be set by the board of county commissioners, not in excess of one hundred and eighty dollars ($180) per month to be allowed, audited and paid as salaries of other county officers; provided, that the entire salaries paid such deputy or deputies in any one office shall not exceed twenty-four hundred dollars ($2,400) in any one year.
Sec. 4. The district attorney shall be ex officio public administrator; the recorder shall be ex officio auditor; the sheriff shall be ex officio license collector and the county clerk shall be ex officio clerk of the district court.
Sec. 5. No officer mentioned in this act shall receive any fee or commission or perquisites to his own use for performance of any duty connected with his office, or for the performance of any additional duty imposed upon him, notwithstanding any other law to the contrary.
Sec. 6. The sheriff and his deputies, the district attorney, the county assessor and the county commissioners shall be allowed a per diem of eight dollars ($8) per day in lieu of subsistence when absent from the county on county business and, when using a personally owned automobile, they shall be allowed seven and one-half cents (7 1/2’) per mile when necessarily and actually traveling within or without the county on county business.
κ1949 Statutes of Nevada, Page 344 (CHAPTER 167, SB 220)κ
when necessarily and actually traveling within or without the county on county business. Claims for such per diem and mileage must be filed with the county clerk and if such mileage and expenditures be approved by the county commissioners, shall be audited and paid.
Sec. 7. All acts and parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed.
Sec. 8. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 207Senator Munk.
CHAPTER 168
AN ACT to amend an act entitled An act relating to cattle, horses, hogs and other domesticated animals and poultry, excepting sheep and goats, creating a state board of stock commissioners, defining their powers and duties in regulating and controlling such stock and protecting the same against loss from disease, theft, and other injurious agencies, providing for the payment of certain indemnities on livestock condemned and destroyed, providing for the payment of bounties on certain noxious animals, providing for a tax levy to carry out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto, approved March 26, 1915, as amended.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, the same being section 3828 N. C. L. 1929, is hereby amended to read as follows:
Section 3. Subdivision A. The board shall elect one of its members president, and is empowered to make rules and regulations for governing itself, and for the enforcement of the provisions of this act, and shall have control of all matters pertaining to the cattle, horse, and hog industry. It may, in conjunction with the state quarantine officer, adopt on behalf of the state rules and regulations of the United States bureau of animal industry relating to the control and suppression of disease in said stock, and to cooperate with the officers of said bureau in the enforcement of such rules and regulations. The board is granted and has full authority and power for the inspection, quarantine, and condemnation of cattle, horses and hogs affected with any infectious or contagious diseases, and is authorized and empowered to enter upon any ground or premises of this state for the purpose of enforcing the inspection, quarantine and condemnation laws of this state. The board is authorized to give the state quarantine officer, or his representatives or his agents, duly approved by the board, or any other person or persons, full authority and power for the inspection, quarantine, and condemnation of cattle, horses, or hogs affected with any infectious or contagious disease, and is authorized and empowered to enter upon any ground or premises of this state for the purpose of enforcing the inspection, quarantine and condemnation laws and all the rules, regulations, and orders of this board.
κ1949 Statutes of Nevada, Page 345 (CHAPTER 168, SB 207)κ
enforcing the inspection, quarantine and condemnation laws and all the rules, regulations, and orders of this board.
Subdivision B. The board may make, execute, and enforce such rules, regulations, and other measures as it considers necessary for the control and eradication of infectious or contagious diseases of the animals under its jurisdiction which constitute a menace to the health of livestock or human beings within the state; provided, said rules, regulations, and other measures shall be approved by the state quarantine office before becoming effective. Upon recommendation of the state quarantine officer the board may order and have destroyed any animals or animal under its jurisdiction infected with or exposed to any infectious or contagious disease a menace to other stock or human beings.
The board shall, out of the funds at its disposal, compensate the owner or owners of any stock so destroyed either separately or jointly with any county or municipality of the state or the bureau of animal industry of the United States department of agriculture, the amount of such compensation to be determined by appraisal before the affected stock is destroyed, this appraisal to be made by the state quarantine officer or a properly qualified agent designated by him and the owner or owners or their authorized representative. In the event of their failure to arrive at an agreement, the two so selected shall designate some disinterested party, who by reason of experience in such matters is a qualified judge of livestock values, to act with them. The judgment of any two of these appraisers shall be binding and final upon all parties; provided, that the total amount received by the owner or owners of stock so destroyed, including compensation paid by the board, any county or municipality or the bureau of animal industry of the United States department of agriculture, or any livestock insurance company, the salvage received from the sale of hides or carcasses or any other source, combined, shall not exceed 75 percent of the actual appraised value of the destroyed stock, due allowance being made in such appraisement for their reduced value, owing to disease; provided further, that any individual or corporation purchasing any livestock which was at the time of purchase under quarantine by any state, county or municipal authorities or the bureau of animal industry of the United States department of agriculture legally empowered to lay such quarantine, or who purchases any which due diligence and caution would have shown to be diseased or which have been shipped or transported in violation of the rules and regulations of the bureau of animal industry of the United States department of agriculture, or the State of Nevada, shall not be entitled to compensation and the board may order their destruction without making any compensation to the owner; and provided further, no payment shall be made hereunder as compensation for or on account of any such animal destroyed if at the time of inspection or test of such animal or at the time of the ordered destruction thereof, it shall belong to or be upon the premises of any person, firm, or corporation to which it has been sold, shipped, or delivered for the purpose of being slaughtered; and provided further, that in no case shall any payment hereunder by more than $75 for any grade animal or more than $200 for any purebred animal, and no payment shall be made unless the owner has complied with all quarantine rules and regulations of the board.
κ1949 Statutes of Nevada, Page 346 (CHAPTER 168, SB 207)κ
in no case shall any payment hereunder by more than $75 for any grade animal or more than $200 for any purebred animal, and no payment shall be made unless the owner has complied with all quarantine rules and regulations of the board.
Subdivision C. The board shall have power to order the state quarantine officer to have inspected or quarantined any stock in the state infected with, suspected of being or which have been exposed to a contagious or infectious disease a menace to human beings or other livestock, compel treatment at such times and as often as he deems necessary to insure the suppression of disease. The board may divide the state into such districts as may be necessary for the enforcement of this act. The state quarantine officer shall, upon direction of the board, quarantine and compel the cleaning and disinfection of any corrals or place where stock is handled, and when owners or persons in charge of such corrals fail or refuse to clean and disinfect such places or corrals the board shall have the power to clean and disinfect them, the expense of which shall be paid by the owner or person in charge, and shall be a lien on such place or corral until the expense is paid. All general orders, rules, or regulations made as herein provided and applying to the entire state, a county or a district, must be published at least twice in some newspaper having general circulation in the county or district affected by the order, which shall constitute a legal notice of the order made upon all stockmen owning or having in charge cattle, horses, or hogs.
Subdivision D. The board shall maintain an office at some point within this state to be determined by the board. The cost of maintenance of such office shall be paid from the state treasury in the same manner as the salaries and expenses of state officers are paid.
Subdivision E. The board shall appoint an executive officer to exercise and enforce all rules and regulations of the board and the provisions of this act when the board is not in session; provided, said executive officer, when an emergency demands and the board is not in session, may exercise all the powers and functions of the board; such executive officer shall also be the secretary of the board; provided further, that no one may be so appointed [other than a graduate of a veterinary school or college recognized by the United States department of agriculture, who has had at least five years experience in the control of contagious and infectious diseases of animals in the employ of some state or the federal government; and provided further,] who has not had at least five years experience in official agricultural or livestock regulatory work. The executive officer may also serve as the director of the division of animal industry or plant industry if properly qualified as below. The said executive officer shall also serve as state quarantine officer and carry out all the duties of said state quarantine officer as provided by statute in addition to those covered by the provisions of this act. The board shall fix the compensation of said executive officer and state quarantine officer and may apportion same between the stock inspection fund and any other funds provided for the support of the state quarantine officer in such manner as they deem equitable.
κ1949 Statutes of Nevada, Page 347 (CHAPTER 168, SB 207)κ
the support of the state quarantine officer in such manner as they deem equitable.
The board may appoint a director of the division of animal industry, who shall be responsible to the executive officer and the board for the efficient and orderly conduct of all the activities of the department looking to the protection and promotion of the livestock industry, and such other duties as the board may assign to him; provided, no one shall be so appointed who is not a graduate veterinarian with a least three years experience in official livestock disease regulatory and control work.
The board may appoint a director of the divsion of plant industry who shall be responsible to the executive officer and the board for the efficient and orderly conduct of all the activities of the department looking to the protection and promotion of the agricultural industry, other than livestock, and such other duties as the board may assign to him; provided, no one shall be so appointed who has not had at least three years experience in official agricultural regulatory work.
Any executive officer or director appointed under the provisions of this section shall serve at the pleasure of the board, at a compensation fixed by same and prorated among any funds available for the purpose. Any executive officer or director appointed under the provisions of this section shall before entering on his duties file a bond as provided by law, in the sum of five thousand ($5,000) dollars, conditional upon the faithful performance of his duties.
Subdivision F. The board shall fix the rate of tax to be levied, as provided for in section 4 of this act, at any regular or special meeting of the board, and shall send notice of the same to the county commissioners of the several counties of the state on or before the first day of March of each year. The board shall audit all bills of salaries and expenses incurred in the enforcement of this act that may be payable from the stock inspection fund, and, if found correct, shall certify the same to the state controller, who shall draw a warrant on the state treasury in favor of the parties entitled thereto. The board shall make a report in writing to the governor on or before the 15th day of January, biennially, giving a statement of the transactions of the board, the facts relating to the condition of the stock industry of this state, and the state printer shall print said report for distribution by the board the same as similar reports, and without charge.
________
κ1949 Statutes of Nevada, Page 348κ
Senate Bill No. 111Senator Tallman.
CHAPTER 169
AN ACT regulating the practice of medicine, surgery and obstetrics, and other systems or modes of treating the sick or afflicted, in the State of Nevada; defining the practice thereof; providing for the examination of applicants for license and the practice of those licensed to treat diseases, injuries, deformities, or other physical or mental conditions of human beings; providing for the appointment of a state board of medical examiners and defining their duties; defining certain misdemeanors and providing penalties therefor, and repealing all other acts or parts of acts in conflict therewith.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It shall be unlawful for any person or persons to practice medicine, surgery or obstetrics in the State of Nevada without first obtaining a license so to do as hereinafter provided.
This act shall not in anywise apply to the practice of dentistry, osteopathy, chiropractic, chiropody, optometry, faith or Christian Science healing, nursing, veterinary medicine or of an herbalist, nor in anywise repeal or affect any statute of Nevada regulating or affecting any other healing art.
Sec. 2. It shall be the duty of the governor of the State of Nevada to appoint a state board consisting of five members, which shall be known as the board of medical examiners of the State of Nevada, and who shall be reputable practicing physicians, who have in a regular manner obtained the degree of doctor of medicine from some legally chartered medical institution in the United States or Canada, and who shall have been actually engaged in the practice of medicine in the State of Nevada. This board shall be selected without regard to their individual political beliefs, and except as herein provided, its members shall hold office for a term of four years and until their successors are appointed and qualified. The members of the board in office when this act takes effect shall continue to hold their office for the terms for which they were appointed. In the event of a vacancy occurring in said board, or absence from the state for a period of six months without permission from the state board, the governor shall appoint a person duly qualified under this act to fill the unexpired term.
Sec. 3. Each member of said board shall, before entering upon the duties of his office, take the constitutional oath of office, and shall, in addition, take an oath that he is a graduate doctor of medicine in this state. The said board shall elect from its members, a president, vice president, and secretary-treasurer, who shall hold their respective offices during the pleasure of the board.
Sec. 4. Said board shall hold its regular meetings on the first Monday of May and the first Monday in November of each year, at such time and place as shall be most convenient to the said board. Special meetings may be called at such time and place as the board may elect on the call of the president or of not less than three members of the board, a written notice of the time, place and object of such special meeting to be mailed by the secretary of said board to all members thereof at least five days before the date of meeting.
κ1949 Statutes of Nevada, Page 349 (CHAPTER 169, SB 111)κ
board, a written notice of the time, place and object of such special meeting to be mailed by the secretary of said board to all members thereof at least five days before the date of meeting. At such special meeting so called the board may perform any acts authorized at a regular meeting.
Sec. 5. Said board may, from time to time, adopt such rules as may be necessary to enable it to carry into effect the provisions of this act. Any member of said board may administer oaths in all matters pertaining to the duties of said board, and the board shall have the authority to take evidence on any matter pertaining to the duties of said board. Such board shall procure a seal, and shall receive through its secretary applications for the certificates provided to be issued under this act.
Sec. 6. Out of the funds coming into the possession of the board, each member of said board may receive as compensation twenty dollars for each day actually spent in attending to the duties of his office and traveling expenses going to and coming from the meetings of the board. Said expenses shall be paid from the fees received by the board under the provisions of this act, and no part of the salary or expenses of the board shall be paid out of the general fund of the state treasury. The secretary-treasurer shall receive a salary, the amount of which shall be determined by the board. All moneys received by the board shall be paid out on its order for its expenses and the traveling expenses of the members. The board is authorized to prosecute all persons guilty of violation of the provisions of this act and may employ investigators and such other assistants as may be necessary to carry into effect the provisions of this act; provided, however, that any expenses so incurred shall not be paid out of the general fund of the state treasury.
Sec. 7. A majority of said board shall constitute a quorum to transact all business. All certificates issued by said board shall bear its seal and the signatures of its president and secretary, and shall authorize the person to whom it is issued to practice medicine, surgery, obstetrics or other system or modes of diagnosis or treatment of disease, in this state, upon complying with the requirements of this act.
Sec. 8. Every person desiring to practice medicine, surgery, and obstetrics in any of their branches shall, before beginning to practice, procure from the state board of medical examiners a certificate authorizing such practice. No certificate shall be issued to any person who is not a citizen of the United States nor to any person who has not served as an interne for at least one year in a hospital recognized for interne training by the American medical association, unless he has been engaged in the actual practice of medicine for over seven years immediately previous to the date that this act goes into effect. The applicant for such certificate shall submit to said board, through its secretary, his or her diploma or photostatic copy thereof issued by a United States or Canadian medical school recognized as reputable by said board, the requirements of which medical school shall have been, at the time of granting such diploma, in no particular less than those prescribed for that year by the American medical association, and also a certificate or other document proving a period of internship of not less than one year in a hospital recognized for interne training by the American medical association, unless he has been engaged in the actual practice of medicine for over seven years immediately previous to the date that this act goes into effect.
κ1949 Statutes of Nevada, Page 350 (CHAPTER 169, SB 111)κ
other document proving a period of internship of not less than one year in a hospital recognized for interne training by the American medical association, unless he has been engaged in the actual practice of medicine for over seven years immediately previous to the date that this act goes into effect. These shall be accompanied by a fee of one hundred dollars, which shall in no case by returned, and by an affidavit setting forth the number and duration of terms the applicant was required to attend, that the applicant is the lawful possessor of the diploma, is the person named therein, and that it was procured without fraud or misrepresentation of any kind, and also accompanied by an affidavit of two physicians, residents of the county in which the applicant has most recently resided, stating that the applicant is the identical person named in the diploma and is of good moral standing and of good repute. In addition to such affidavits the board may take such further evidence as in its discretion may be deemed proper concerning the matters embraced therein. If it shall appear that the applicant is not of good moral character or that any credential submitted is false, the applicant shall be rejected. The board may retain the diploma for a reasonable time, not to exceed six (6) months.
Sec. 9. Before issuance of a certificate to practice medicine, surgery, and obstetrics the applicant, who shall have paid the fee and presented the credentials specified in section 8 of this act, shall appear personally and pass a satisfactory examination as to qualifications therefor before the state board of medical examiners. The examinations shall be conducted in the English language, shall be both oral and in writing, and the applicant shall attain at least an average of seventy-five percent in all, and not less than sixty-five percent in any two of the following subjects, to wit: anatomy, physiology, materia medica and therapeutics, chemistry, bacteriology, pathology, toxicology, obstetrics, surgery, general medicine, diseases of the skin, eye, ear, nose, throat and genitourinary system. The examination shall be fair and impartial, it shall be practical in character, and the questions shall be designated to discover the applicants fitness. If an applicant fails in the first examination, he may, after not less than six months, be reexamined without additional fee. If he fail in a second examination, he shall not thereafter be entitled to another examination within less than one year after the date of the second examination, and shall be required to pay the full fee for such examination. After an examination shall have been completed, the examination papers, as a part of the boards records, shall be filed by the secretary of the board, and retained in the files of the board for a period of five years. There shall be no refund of the examination fee if the applicant fails to pass the examination.
Sec. 10. Said board may, in its discretion, subject to investigation, accept and register, upon payment of the registration fee and with or without examination of the applicant, any certificate which shall have been issued to him or her by the medical examining board of the District of Columbia, or of any state or territory of the United States, or a certificate as diplomate of the national board of medical examiners of the United States; provided, however, that the legal requirements of such medical examining board shall have been, at the time of issuing such certificate, in no degree or particular less than those of Nevada at the time when such certificate was issued; and provided further, that excepting the holders of certificates as diplomate of the national board of medical examiners of the United States, the provisions in this paragraph contained shall be held to apply only to such of said medical examining boards as accept and register the certificate granted by this board without examination, other than oral, by them of the ones holding such certificates.
κ1949 Statutes of Nevada, Page 351 (CHAPTER 169, SB 111)κ
such medical examining board shall have been, at the time of issuing such certificate, in no degree or particular less than those of Nevada at the time when such certificate was issued; and provided further, that excepting the holders of certificates as diplomate of the national board of medical examiners of the United States, the provisions in this paragraph contained shall be held to apply only to such of said medical examining boards as accept and register the certificate granted by this board without examination, other than oral, by them of the ones holding such certificates. The grantee of a certificate or license to practice under this act upon the ground of such reciprocity, and with oral examination only, shall pay for such certificate or license a fee of two hundred dollars.
Sec. 11. All applicants for license to practice medicine in the State of Nevada shall be allowed extra credit if they have engaged in excess of ten years of actual practice. The amount of credit allowance shall be one percent for each year in excess of ten years of actual practice, but shall in no case be higher than ten percent.
Sec. 12. Any unsuccessful applicant shall have the right to appeal to the courts, requiring the said board to show cause why such applicant should not be permitted to practice medicine, surgery, and obstetrics in the State of Nevada.
Sec. 13. Said board shall procure books for the purpose of recording the names of all persons to whom it issues certificates. In the books shall be recorded the names of all applicants, together with the name of the school granting the diploma, the date of the diploma, residence of applicant, and the date of issuance or denial of certificate. The books shall be filed in a fireproof safe in the office of the secretary, who shall record the unsuccessful applicants, furnishing the same information as is given above.
Sec. 14. Every person to whom the board shall issue a certificate shall present the same to the county recorder of the county in which he desires to practice, and have the same recorded and pay the usual fees for recording such papers.
Sec. 15. The board shall refuse a certificate to any applicant guilty of unprofessional conduct, and for like cause it may revoke any certificate, either permanently or temporarily, and suspend the party so found guilty from the practice of medicine either permanently or for a time determined by the board. The words unprofessional conduct, as used in this act, are declared to mean:
Obtaining a certificate upon fraudulent credentials, or gross misrepresentation;
Procuring, or aiding or abetting in procuring, criminal abortion;
Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured;
Advertising medical business in which grossly improbably statements are made;
Any advertising of any medicine or any means whereby the monthly periods of women can be regulated, or menses reestablished if suppressed;
κ1949 Statutes of Nevada, Page 352 (CHAPTER 169, SB 111)κ
Willful disobedience of the law, or of the rules and regulations of the state board of health;
Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction shall be conclusive evidence of unprofessional conduct.
Administering, dispensing, or prescribing any narcotic drug (opium, coca leaves, cannabis, or any preparation or derivative of any of them or any other habit-forming drug) otherwise than in the course of legitimate professional practice and for the prevention, alleviation, or cure of disease or for the relief of suffering, and not primarily for the purpose of catering to the cravings of an addict.
Conviction or violation of any federal or state law regulating the possession, distribution, or use of any narcotic drug aforesaid. The record of conviction shall be conclusive evidence of such unprofessional conduct.
Habitual intemperance or excessive use of cocaine, morphine, codeine, opium, heroin, alpha eucaine, beta eucaine, novocaine, or chloral hydrate, or any of the salts, derivatives or compounds of the foregoing substances, or of alcohol or alcoholic beverages, or of any other habit-forming drug or substance.
Conduct unbecoming a person licensed to practice medicine or detrimental to the best interests of the public.
Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this act.
Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice medicine as defined under this act.
Gross negligence in the practice of any phase of the profession.
The adjudication of insanity by a court of competent jurisdiction. The record of the adjudication, judgment or order of commitment is conclusive evidence of such unprofessional conduct. Anyone whose certificate has been revoked for this cause may apply to the board for a reinstatement of his certificate upon restoration to or declaration of sanity.
Sec. 16. Whenever any holder of a certificate herein provided for is guilty of unprofessional conduct, as the same is defined in this act, and the said unprofessional conduct has been brought to the attention of the board granting such certificate, in the manner hereinafter provided, or whenever any certificate has been procured by fraud or misrepresentation or issued by mistake, or the person holding such certificate is found to be practicing contrary to the provisions of this act, and a sworn complaint setting forth such facts has been filed with the secretary of the board, proceedings shall then be had as hereinafter provided. When such charges as aforesaid have been duly filed with the secretary of the board, the same shall be considered by the president and secretary of the board, and if from the sworn statement or from such other official records it is made to appear that such charge or charges may be well founded in fact, then the secretary shall cause to be served written notice of such charges on the person charged, and the same shall be served on the person at least twenty days before the date fixed for the hearing.
κ1949 Statutes of Nevada, Page 353 (CHAPTER 169, SB 111)κ
charges may be well founded in fact, then the secretary shall cause to be served written notice of such charges on the person charged, and the same shall be served on the person at least twenty days before the date fixed for the hearing. If the charges are not deemed by the president and secretary to be of sufficient import or sufficiently well founded to merit bringing proceedings against the party charged then they shall be held in abeyance and discussed at the next meeting of the board. The person charged shall be given a full and fair trial by the board, with the right to be heard and appear in person and by counsel and to present witnesses. The secretary or president of the board shall have power to issue subpenas for the attendance of witnesses. The secretary or president shall also have the power to administer the oath to all witnesses at such hearing. If, after hearing the said charges it appears to the satisfaction of the board that the person is guilty as charged, the board shall revoke the certificate of such person either permanently or temporarily, and by its order suspend the said person from the practice of medicine within this state either permanently or temporarily in the discretion of said board. The board may likewise after finding the person guilty as charged place him on probation. The secretary of the board in all cases of revocation or suspension or probation shall enter in his records the fact of such revocation or suspension or probation and shall within five days notify the county recorder of the county in which the persons certificate has been recorded. In all cases where a certificate is revoked or suspended or a person placed on probation a transcript of the proceedings before the board, and the findings and order of said board, shall be filed within thirty days with the clerk of the district court of the county in which the certificate to practice has been recorded; and any person whose certificate has been revoked or suspended or who has been placed on probation may, within sixty days after filing of said certified copies of said transcript, findings and order, petition said district court to review the said proceedings, findings and order of said board and to reverse or modify the same, and upon such review the burden shall be upon the petitioner to show wherein such order of said board is erroneous or unlawful. When sixty days shall have elapsed after the filing of said order and findings, if no petition for review has been filed, the judge of the district court shall make its order affirming the decision of the board. Until the same is modified or reversed, as herein provided, the revocation or suspension or probation of such certificate and the right to practice thereunder shall be and become effective on the date the said secretary certifies such fact of the decision and order of the board to the county recorder of the county in which the persons certificate has been recorded.
Sec. 17. For the purpose of this act the words practice of medicine, surgery and obstetrics shall mean to open an office for such purpose; or to give surgical assistance to, or to suggest, recommend, prescribe, or direct for the use of any person, any drug, medicine, appliance, or other agency, whether material or not material, for the cure, relief, or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound, fracture, or bodily injury, or deformity.
κ1949 Statutes of Nevada, Page 354 (CHAPTER 169, SB 111)κ
or deformity. It shall also be regarded as practicing medicine within the meaning of this act if anyone shall use in connection with his name the words or letters M.D., or any other title word, letter, or other designation intended to imply or designate him as a practitioner of medicine or surgery, or obstetrics in any of its branches; provided, that nothing in this act shall be construed to prohibit gratuitous services of druggists or other persons in cases of emergency, or the domestic administration of family remedies, and this act shall not apply to commissioned physicians and surgeons of the United States army, or navy, or air force, or United States Indian service, or the veterans administration, in the discharge of their official duties, nor shall it apply to professional or other nurses in the discharge of their duties as nurses, nor to physicians who are called into this state for consultation, and who are legally qualified to practice in the state where they reside. In charging any person with a violation of this act by practicing medicine, surgery, or obstetrics without a license, it shall be sufficient to charge that he did, upon a certain day, and in a certain county of this state, engage in the practice of medicine, he not having a license to do so, without averring any further or more particular facts concerning the same.
Sec. 18. Any person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished with a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment for not less than five days nor more than six months in the county jail, or by both fine and imprisonment, who:
1. Shall within ten days after demand made by the secretary of the board fail to furnish to said board the name and address of all persons practicing or assisting in the practice of medicine, surgery or obstetrics in the office of such person at any time within sixty days prior to said notice, together with a sworn statement showing under and by what license or authority said person or persons are and have been so practicing, but said affidavit shall not be used as evidence against such person in any proceeding under this section; or
2. Shall assume to act as a member of a state board of medical examiners, or who shall sign or subscribe or issue or cause to be issued, or seal or cause to be sealed a certificate authorizing any person to practice medicine, surgery or obstetrics in this state, except the person so acting and doing shall have been appointed a member of said board of medical examiners as in this act provided; or
3. Shall, in an affidavit required of an applicant for examination, license or registration under this act willfully make a false statement in a material regard.
Sec. 19. All licenses to practice medicine, surgery and obstetrics issued prior to the passage of this act shall remain in full effect but subject to the provisions of this act.
Sec. 20. Each holder of a license to practice medicine, surgery and obstetrics shall pay to the secretary-treasurer of the board of medical examiners on or before the first day of May of each year, beginning with 1949, an annual registration fee to be set by the board of medical examiners and in no case to exceed the sum of ten dollars per year.
κ1949 Statutes of Nevada, Page 355 (CHAPTER 169, SB 111)κ
examiners and in no case to exceed the sum of ten dollars per year. Any holder failing to pay said fee after it becomes due shall be given a period of sixty days in which to pay said fee, and failing to do so shall automatically forfeit holders right to practice medicine. Said holder may, on payment of twenty dollars to said secretary-treasurer, and after he is found to be in good standing, be reinstated in his right to practice. The annual membership fee shall be collected for the year in which a physician is licensed. Notice shall be sent to delinquents that their licenses are automatically suspended for nonpayment of the annual registration fee, and a copy of the notice shall be sent to the federal narcotic enforcement office, and to the recorder of the county in which the physician practices, which recording fee shall be a proper charge against the funds of the state board of medical examiners.
Sec. 21. It shall be the duty of said state board of medical examiners at its discretion to examine any person pretending to a knowledge of any branch or branches of medicine, surgery or obstetrics not provided for elsewhere in the statutes of Nevada, and to establish such regulations as in their discretion shall be necessary and advisable concerning the practice of such branch or branches of medicine, surgery or obstetrics, not so provided for elsewhere in the statutes of Nevada, and to establish and maintain a system of state licensure for the practice thereof. They shall conduct such limited examinations as are in their judgment necessary for the purpose of determining whether or not the applicant has a sufficient knowledge of his or her subject, and of determining whether in other respects they are worthy of registration and state licensure. For the purpose of conducting such examinations, the board shall have the privilege of calling to its aid men or women of established reputation and known ability in the particular pursuit under consideration. Reciprocity and other provisions as provided for in this act in the case of doctors of medicine, surgery and obstetrics may be established at the discretion of the board for these licentiates.
Sec. 22. Upon the requisite degree of knowledge and the moral character of the applicant being established, as above provided for, and on payment of a fee of one hundred dollars ($100) the state board of medical examiners shall forthwith issue a certificate to the applicant limited to the practice of his or her pursuit in this state, this fact being plainly stated across the face of the certificate. Such a system of special licensure being once established it shall thereafter be unlawful for any certificate holder to practice beyond the limitations set forth on such certificate, which certificate shall be revocable by the board of medical examiners on proof of violation of the provisions of this act and the rules and regulations of said board. The holders of said certificate shall be liable to all the penalties provided for in sections 16 and 18 of this act as in case of doctors of medicine, surgery and obstetrics. A record of all persons so licensed shall be kept in the records of the state board of medical examiners. For the purposes of this act, the secretary of the board, or, in his absence, any member thereof shall have the right to administer oaths.
κ1949 Statutes of Nevada, Page 356 (CHAPTER 169, SB 111)κ
Practitioners of any mode or systems of diagnosis or treatment of disease to be regulated under sections 21 and 22 of this act who have been in practice immediately before this act goes into effect and shall be required to register with the Nevada state board of medical examiners within six months from the time that this act goes into effect and shall be permitted to continue their practice under a temporary license without examination. This in no way obligates the board of medical examiners to grant them a permanent license and they shall be required to obtain a permanent license under the provisions of this act within a period of eighteen months after this act goes into effect. If they do not become so licensed within the time specified and do not comply with the provisions of this act as otherwise set forth, they shall be subject to the penalties of this act, except that any person practicing any branch of medicine or mode or system of treatment or diagnosis in Nevada immediately and continuously for a period of over ten years before this act goes into effect may be licensed on proof of same and payment of the stipulated fee, without examination.
Sec. 23. Any person who shall practice medicine, surgery, or obstetrics, unless licensed under this or other statutes of Nevada, shall be deemed guilty of a gross misdemeanor.
Sec. 24. Every person filing for record, or attempting to file for record, the certificate issued to another, falsely claiming himself to be the person named in the certificate, or falsely claiming himself to be the person entitled to the same, shall be guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment in the state prison for not less than one year nor exceeding five years.
Sec. 25. The board of medical examiners through its president or secretary-treasurer may maintain in any competent court a suit for an injunction against any person or persons practicing any branch of medicine, surgery, or obstetrics as defined under sections 17 and 21 of this act without a license. Such an injunction may be issued without proof of actual damage sustained by any person, this provision being understood to be of a preventative as well as a punitive measure; provided, that such injunction shall not relieve such person from criminal prosecution for practicing without a license.
Sec. 26. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases be declared unconstitutional.
Sec. 27. That certain act of the legislature of the State of Nevada entitled An act regulating the practice of medicine, surgery and obstetrics in the State of Nevada; providing for the appointment of a state board of medical examiners and defining their duties; providing for the issuing of licenses to practice medicine; defining certain misdemeanors and providing penalties and repealing all other acts, or parts of acts, in conflict therewith, approved March 4, 1905, being Nevada Compiled Laws, sections 4091-4107, as amended, and also all acts and parts of acts in conflict herewith are hereby repealed.
κ1949 Statutes of Nevada, Page 357 (CHAPTER 169, SB 111)κ
Nevada Compiled Laws, sections 4091-4107, as amended, and also all acts and parts of acts in conflict herewith are hereby repealed.
Sec. 28. This act shall take effect immediately on its passage and approval.
________
Senate Bill No. 132Committee on Public Health.
CHAPTER 170
AN ACT to amend an act entitled An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada, providing penalties for the violation hereof, and to repeal an act now in force relating to the same and known as An act to insure the better education of practitioners of dental surgery, and to regulate the practice of dentistry in the State of Nevada, approved March 16, 1895, approved March 16, 1905.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 11 of the above-entitled act, being section 2340, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 11. Every person applying to the board of dental examiners for a license to practice dentistry shall pay to the board a fee of [twenty-five ($25) dollars] seventy-five ($75) dollars, which shall in no case be refunded. Every licensed dentist shall, on or before the first day of May of each year, except the one in which he is licensed, pay to the secretary of the board of dental examiners a fee of [two ($2) dollars] five ($5) dollars, which shall be paid into a fund to be used in carrying out the provisions of this act. The year for which a fee shall be paid shall begin the July first following the May when it becomes due and end the succeeding June thirtieth. The board may reduce or remit altogether said fee for any year, but such reduction or remission must be made alike to all liable to pay the same. In case any person defaults in paying said fee his license may be revoked by the board of dental examiners on thirty days notice in writing from the secretary, unless within said time said fee is paid, together with such penalty, not exceeding ten ($10) dollars, as the board may impose. Upon payment of said fee and penalty the board shall reinstate the delinquents license. On or before the first day of July of each year the secretary of the board shall send to the county clerk of each county in the state a certified list of all practicing dentists therein who have paid said fee, and the clerk shall enter or paste the same in the register of dentists. All moneys received under this act shall be deposited in a special fund in the state treasury to be known as the State Dental Fund, and shall be paid out on warrants as other state funds.
Sec. 2. This act shall become effective from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 358κ
Senate Bill No. 224Committee on Finance.
CHAPTER 171
AN ACT to repeal an act entitled An act authorizing and directing the board of regents of the University of Nevada to remodel the old gymnasium building on the University of Nevada campus to provide suitable quarters for the department of military science and tactics, making an appropriation therefor, and other matters relating thereto, approved March 22, 1945.
[Approved March 28, 1949]
Whereas, The board of regents of the University of Nevada over the period since the passage and approval of the above-entitled act has not expended any moneys for the contemplated purpose; and
Whereas, Said act by ear-marking a part of the income from the tax levy for university purposes creates a continuing liability against said revenue limiting the budget for immediate and actual needs; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 208, page 356, Statutes of Nevada 1945 (1929 N. C. L. 1941 Supp., 1945 pocket part, secs. 7786.03-7786.04, incl.) is hereby repealed.
Sec. 2. No moneys in the University of Nevada state tax fund and no moneys hereafter coming into said fund as proceeds of any tax levied for the support or maintenance of the University of Nevada shall be charged or used for any of the purposes of said act hereby repealed.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 83Senator Horlacher.
CHAPTER 172
AN ACT to amend an act entitled An act to permit the state to assist, extend, and improve the care of persons in active stages of tuberculosis being cared for at public expense, outlining the powers and duties of the state board of health in controlling tuberculosis and designating approved hospitals for such care, establishing rules and regulations, making an appropriation therefor, and other matters relating thereto, approved March 27, 1947.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act is hereby amended to read as follows:
Section 4. The state shall [pay to the hospital approved by the state board of health] reimburse the county a sum [not to exceed five dollars per patient day for the treatment for each patient from the respective county] equal to ninety cents (90’) for each one dollar expended on each patient for hospitalization, treatment and medical care under rules and regulations provided by the state board of health; provided, however, that such reimbursement shall be made by the state for such time as funds are available under the provisions of this act, and when such funds have been expended, the state shall not thereafter be obligated.
κ1949 Statutes of Nevada, Page 359 (CHAPTER 172, SB 83)κ
dollars per patient day for the treatment for each patient from the respective county] equal to ninety cents (90’) for each one dollar expended on each patient for hospitalization, treatment and medical care under rules and regulations provided by the state board of health; provided, however, that such reimbursement shall be made by the state for such time as funds are available under the provisions of this act, and when such funds have been expended, the state shall not thereafter be obligated.
Sec. 2. Section 8 of the above-entitled act is hereby amended to read as follows:
Section 8. Any claim by a county [hospital] for the care and treatment of a tubercular patient, as provided for in this act, shall be presented to the [state board of health] state board of examiners on or before the 20th day of each month for care and treatment rendered during the preceding calendar month, on forms provided by the state board of health, which forms shall be completed in detail under oath by the supervising officer of the hospital providing the care and treatment therein charged. Any such claims so submitted to the state board of examiners shall be first approved by the county commissioners of the proper county and approved by the state board of health, upon approval thereof by the state board of examiners the state controller shall draw his warrant therefor and the state treasurer shall pay the same.
Sec. 3. Section 9 of the above-entitled act is hereby amended to read as follows:
Section 9. For the purpose of carrying out the provisions of this act there is hereby appropriated out of any fund in the state treasury, not otherwise specially [allotted] appropriated, the sum of [fifty thousand ($50,000)] sixty thousand ($60,000) dollars.
________
Assembly Bill No. 231Committee on State Prison and Asylum.
CHAPTER 173
AN ACT to provide an appropriation for the Nevada state hospital for mental diseases for the purpose of paying the increased costs of the general support of said home, and declaring an emergency therefor.
[Approved March 28, 1949]
Whereas, the 43rd session of the Nevada Legislature appropriated the sum of $227,250 for general support, including dental and extra medical services, for the Nevada state hospital for mental diseases, from which appropriation funds were paid the following: Raw food, amusements, tobacco, insurance, water, lights, power, drugs, hospital, dental, clothing, laundry, cleaning supplies, sewage, fuel, bedding and linens, farm and dairy, incidental supplies, and miscellaneous items; and
Whereas, increased costs and expenses of all items of general support have exceeded the amount appropriated and there is not a sufficient balance remaining of said appropriation to meet the needs of the Nevada state hospital for mental diseases for the remainder of the current fiscal year; now, therefore,
κ1949 Statutes of Nevada, Page 360 (CHAPTER 173, AB 231)κ
Nevada state hospital for mental diseases for the remainder of the current fiscal year; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any money in the general fund, not otherwise appropriated, the sum of twenty-one thousand, five hundred and sixty-four ($21,564) dollars for the general support of the Nevada state hospital for mental diseases, for the remainder of the fiscal year ending June 30, 1949.
Sec. 2. This act is hereby declared to be an emergency measure and shall become effective immediately upon its passage and approval.
________
Assembly Bill No. 97Committee on Roads and Highways.
CHAPTER 174
AN ACT to amend an act entitled An act to limit the cost of state-owned automobiles, to provide for their labeling and use for official purposes only, and fixing a penalty for violation thereof, approved February 6, 1933, as amended.
[Approved March 28, 1949]
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, 1929 N. C. L. 1941 Supp., section 6941.01, as amended by chapter 113, page 422, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 1. All automobiles hereafter purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost not to exceed two thousand five hundred dollars as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded-in on it. No automobile may be purchased by any such department, office bureau, official or employee thereof, except with the prior consent in writing of the state board of examiners, and all such automobiles shall be used for official purposes only and shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering [.] and placing a facsimile of the great seal of the State of Nevada thereon, to be not less than twelve (12) inches in diameter and the same 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 motor vehicle commissioner shall furnish each state department or officer with such stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on said automobile, charging the necessary costs thereof to each department or officer so furnished.
All departments, offices, bureaus, or officials of the State of Nevada shall cause to be placed the words, For Official Use Only, and the facsimile of the seal on all automobiles under their jurisdiction on or before June 1, 1949.
κ1949 Statutes of Nevada, Page 361 (CHAPTER 174, AB 97)κ
facsimile of the seal on all automobiles under their jurisdiction on or before June 1, 1949.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 198Mr. Fuetsch.
CHAPTER 175
AN ACT to amend an act entitled An act to regulate the purchase, sale, transfer, and encumbrance of a stock of goods, wares and merchandise, in bulk, or any portion of a stock of goods, wares and merchandise, otherwise than in the usual course of trade, and prescribing penalties for the violation thereof, approved March 20, 1907.
[Approved March 28, 1949]
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 1929 N. C. L., section 6816, is hereby amended to read as follows:
Section 1. It shall be the duty of every person who shall bargain for or purchase any [portion of a stock of merchandise,] part or the entire stock of goods, wares or merchandise in bulk, or all or substantially all of the fixtures or equipment used, or to be used, in the sale, display, manufacture or delivery of said goods, wares or merchandise, including movable store and office fixtures, motor or other vehicles or trucks, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the sellers business, [or an entire stock of merchandise in bulk,] for cash or on credit, before paying to the vendor or his agent or representative, or delivering to the vendor or his agent or representative, any part of the purchase price thereof or any promissory note or evidence therefor, to demand of and receive from such vendor or agent, or if the vendor or agent be a corporation, then from the president, vice president, secretary, or managing agent of such corporation, a written statement, sworn to substantially as hereinafter provided, of the names and addresses of all the creditors of said vendor to whom said vendor may be indebted, together with the amount of the indebtedness due or owing or to become due or owing by said vendor, to each of the said creditors, and it shall be the duty of the said vendor or agent to furnish such statement which shall be verified by an oath, to the following effect:
State of Nevada, County of , ss.
Before me, personally appeared (vendor or agent as the case may be) who being by me first duly sworn upon his oath, did depose and say that the foregoing statement contains the names of all the creditors of (name of vendor), together with their addresses, and that the amount set opposite each of said respective names is the amount now due and owing, and which shall be come due and owing by (vendor) to such creditors, and that there are no creditors holding claims due or which shall become due for or on account of goods, wares or merchandise purchased upon credit or on account of money borrowed to carry on the business of which said goods are a part, other than as set forth in said statement and in this affidavit that are within the personal knowledge of the affiant.
κ1949 Statutes of Nevada, Page 362 (CHAPTER 175, AB 198)κ
due and owing, and which shall be come due and owing by (vendor) to such creditors, and that there are no creditors holding claims due or which shall become due for or on account of goods, wares or merchandise purchased upon credit or on account of money borrowed to carry on the business of which said goods are a part, other than as set forth in said statement and in this affidavit that are within the personal knowledge of the affiant.
Subscribed and sworn to before me this day of , A. D
Sec. 2. Section 2 of the above-entitled act, being 1929 N. C. L., section 6817, is hereby amended to read as follows:
Section 2. Whenever any person shall bargain for or purchase any portion of or the entire stock of merchandise in bulk, or all or substantially all of the fixtures used, or to be used, in the sale, display, manufacture, care or delivery of said goods, wares or merchandise, including movable store and office fixtures, motor or other vehicles or trucks, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the sellers business, [or an entire stock of merchandise in bulk,] for cash or on credit, and shall pay any part of the price, or execute and deliver to the vendor thereof or to his order, or to any person for his use, any promissory note or other evidence of indebtedness, to give credit, whether or not evidenced by promissory note or other evidence of indebtedness, for said purchase price or any part thereof, without at least [five] ten days previously thereto having demanded and received from the said vendor or his agent the statement provided for in section 1 of this act, and verified as there provided, and without notifying also at least [five] ten days previously thereto, [personally or] by registered mail, every creditor as shown upon said verified statement of said proposed sale or transfer to be made, and the time and conditions of payment, and without paying or seeing to it that the purchase money of said property is applied to the payment of bona fide claims of the creditors of the vendor as shown upon said verified statement, share and share alike, such sale or transfer shall be fraudulent and void.
Sec. 3. The above-entitled act, being sections 6816-6820, inclusive, 1929 N. C. L., is hereby amended by adding thereto section 3.1, which will immediately follow section 3 and will read as follows:
Section 3.1. Any vendee who shall purchase any portion of or the entire stock of merchandise, in bulk, or all or substantially all of the fixtures used, or to be used, in the sale, display, manufacture, care or delivery of said goods, wares or merchandise, including movable store and office fixtures, motor or other vehicles, or trucks, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the sellers business, for cash or on credit, or who shall pay any part of the purchase price or execute and deliver to the vendor thereof or to any person for his use, any promissory note or other evidence of indebtedness, to give credit, whether or not evidenced by a promissory note or other evidence of indebtedness, for said purchase price or any part thereof, who shall fail to demand and receive from the vendor the affidavit as to the vendors creditors as provided in section 1 hereof, or who shall fail to give the notice of said proposed sale as provided in section 2 hereof, shall be deemed to assume the liability of the vendor in an amount equal to the market value of the goods and property purchased.
κ1949 Statutes of Nevada, Page 363 (CHAPTER 175, AB 198)κ
section 1 hereof, or who shall fail to give the notice of said proposed sale as provided in section 2 hereof, shall be deemed to assume the liability of the vendor in an amount equal to the market value of the goods and property purchased.
Sec. 4. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 5. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 249Mr. Higgins.
CHAPTER 176
AN ACT to amend an act entitled An act to provide a uniform fee bill for the office of secretary of state, approved March 10, 1933.
[Approved March 28, 1949]
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 section 7421.01 Nevada Compiled Laws 1929, 1931-1941 Supplement, is hereby amended to read as follows:
Section 1. [In matters relating to corporations organized under this act the following fees and taxes shall be collected by and paid to the secretary of state, for the use of the state:]
For services performed by the secretary of state in matters relating to his official duties and the records of his office, he shall charge and collect the following fees, for the use of the state:
[The fee for filing an original certificate of incorporation shall be computed on the basis of ten cents for each one thousand dollars of par value of stock authorized up to and including one million dollars, five cents for each one thousand dollars of par value of stock authorized in excess of one million dollars, up to and including ten million dollars, and two cents for each one thousand dollars of par value authorized in excess of ten million dollars; ten cents per thousand shares of authorized capital stock without par value; provided, however, that in no case shall the amount paid be less than twenty-five dollars.]
The fee for filing articles of incorporation or agreements of consolidation providing for shares shall be as provided in the following schedule:
Amount represented by the total number of shares provided for in the articles of incorporation or the agreement of consolidation:
fee
$25,000 or less.................................................................................................................... $15
Over $25,000 and not over $75,000............................................................................... $25
Over $75,000 and not over $200,000............................................................................. $50
Over $200,000 and not over $500,000........................................................................... $75
Over $500,000 and not over $1,000,000..................................................................... $100
Over $1,000,000-
(1) For the first $1,000,000.................................................................................... $100
(2) For each additional $500,000 or fraction thereof......................................... $50
κ1949 Statutes of Nevada, Page 364 (CHAPTER 176, AB 249)κ
For the purposes of computing the filing fees according to the above schedule, the amount represented by the total number of shares provided for in the articles of incorporation or the agreement of consolidation shall be:
(1) The aggregate par value of the shares, if only shares with a par value are therein provided for, or
(2) The product of the number of shares multiplied by ten dollars ($10), if only shares without par value are therein provided for, or
(3) The aggregate par value of the shares with a par value plus the product of the number of shares without par value multiplied by ten dollars ($10), if shares with and without par value are therein provided for.
The fee for filing a certificate of amendment of certificate of incorporation increasing the authorized capital stock of a corporation shall be in an amount equal to the difference between the fee computed at the foregoing rates upon the total authorized capital stock of the corporation, including the proposed increase, and the fee computed at the foregoing rates upon the total authorized capital, excluding the proposed increase; provided, however, that in no case shall the amount be less than twenty-five dollars.
The fee for filing a certificate of consolidation or merger of two or more corporations shall be an amount equal to the difference between the fee computed at the foregoing rates upon the aggregate authorized capital stock of the corporation created by such consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations; provided, however, that in no case shall the amount paid be less than twenty-five dollars.
The fee for filing an amended certificate of incorporation before payment of capital and not involving an increase of authorized capital stock, or an amendment to the certificate of incorporation not involving an increase of authorized capital stock, or a certificate of reduction of capital, or a certificate of retirement of preferred stock, shall be twenty dollars.
The fee for filing a certificate of extension in renewal of corporate existence of any corporation shall be an amount equal to one-fourth the fee computed at the foregoing rates for filing the original certificate of incorporation; the fee for filing certificate of dissolution shall be twenty dollars. [the fee for filing certificate of increase or decrease of par value of, or the number of shares, shall be twenty dollars.]
The fee for filing notice of removal of principal place of business, except where such removal is made as provided by chapter 17, Statutes of Nevada 1931, and other than by amendment, shall be five dollars; for filing notice of withdrawal from the State of Nevada by foreign companies, ten dollars; the fee for filing an appointment of resident agent, other than list of officers, shall be five dollars; the fee for certifying to articles of incorporation where copy is provided, shall be five dollars; for certifying to copy of amendment to articles of incorporation, or to copy of articles as amended, where copy is furnished, shall be five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, shall be five dollars; the fee for certifying to the reservation of a corporate name shall be two dollars; the fee for executing any certificate not herein provided shall be five dollars.
κ1949 Statutes of Nevada, Page 365 (CHAPTER 176, AB 249)κ
incorporation, or to copy of articles as amended, where copy is furnished, shall be five dollars; for certifying to authorized printed copy of the general corporation law, as compiled by the secretary of state, shall be five dollars; the fee for certifying to the reservation of a corporate name shall be two dollars; the fee for executing any certificate not herein provided shall be five dollars.
The fee for comparing [any document to be certified, when copy is furnished, if] any document or paper submitted for certification, with the record thereof, to ascertain whether any corrections are required to be made therein before certifying thereto, shall be twenty cents for each folio of one hundred words of each said document or paper so compared; the fee for furnishing a photostatic copy of any document, paper or record on file or of record in his office shall be fifty cents per photostatic page where such page does not exceed eight and one-half inches by fourteen inches; and for photostatic pages of larger size, he may charge such fee as he may determine to be reasonable; the fee for filing list of officers and directors or trustees and name of agent in charge of principal office shall be as is elsewhere provided by law; provided, that no fee shall be required to be paid by any religious or charitable society, or educational association having no capital stock; and provided further, that foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state.
Sec. 2. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 28Mr. Ryan.
CHAPTER 177
AN ACT to amend an act entitled An act defining occupational diseases; providing for the creation and disbursement of funds for the compensation and care of workmen disabled by occupational diseases in the course of employment and the compensation of their dependents where such occupational disease results in death; making premium payments by certain employers compulsory; imposing the administration of this act upon the Nevada industrial commission; authorizing the Nevada industrial commission to make such rules and regulations as may be necessary; authorizing the Nevada industrial commission to invest the funds provided for; defining and regulating the liability of the employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 15, 1947.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of the above-entitled act, being chapter 44, Statutes of 1947, page 61, is hereby amended so as to read as follows:
Section 9. The following shall constitute employers subject to the provisions of this act:
κ1949 Statutes of Nevada, Page 366 (CHAPTER 177, AB 28)κ
(a) The state and each county, city, school district, and all public and quasi-public corporations therein, without regard to the number of persons in the service of any such employer.
(b) Every person, firm, voluntary association and private corporation, including any public service corporation, which has in service [four (4)] three (3) or more employees under a contract of hire; provided, that employers who have in service less than [four (4)] three (3) employees, and employers whose employees are excluded by paragraph (b) of section 11, shall have the right to elect to come under the provisions of this act by notifying the commission in writing of the election thereof, and by complying with the rules and regulations of the commission.
Sec. 2. Section 18 of said act is hereby amended so as to read as follows:
Section 18. Every employer within the provisions of this act, and those employers which shall accept the terms of this act and be governed by its provisions, as herein provided, shall provide and secure compensation according to the terms, conditions and provisions of this act for any and all occupational diseases sustained by an employee, arising out of and in the course of the employment; and in such cases the employer shall be relieved from other liability for recovery of damages, or other compensation for such occupational disease, unless by the terms of this act otherwise provided. If an employer of [four (4)] three (3) or more persons shall fail to provide and secure compensation in accordance with this act, in such case such employer shall not escape liability for occupational disease sustained by an employee of such employer when the disease sustained arises out of and in the course of employment, because:
(1) The employee assumed the risks inherent or incidental to, or arising out of, his employment; or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selecting reasonably competent employees in the business;
(2) The disease was caused by the negligence of a co-employee;
(3) The employee was negligent, unless and except it shall appear that such negligence was willful and with intent to cause the occupational disease, or the result of intoxication on the part of the disabled party;
(4) In actions by an employee against an employer for occupational disease sustained arising out of and in the course of the employment where the employer has not provided compensation under this act, it shall be presumed that the disablement of the employee was the first result and growing out of the negligence of the employer, and that such negligence was the proximate cause of the disease; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence.
Sec. 3. Section 21 of said act is hereby amended so as to read as follows:
κ1949 Statutes of Nevada, Page 367 (CHAPTER 177, AB 28)κ
Section 21. An employer having become subject to the provisions of this act as provided for in paragraph (b) of section 9, as amended by this act, shall be and continue subject to the terms thereof regardless of the fact that the number of employees shall fall below the number stated in said paragraph (b) of section 9, unless, prior to the time a claim for compensation under the terms of this act arises in favor of one of his employees or the dependents of said employee, the employer effects a withdrawal of the provisions of this act by filing in the office of the commission a notice in writing showing such decrease in the number of employees in the service of such employer.
Sec. 4. Section 22 of said act is hereby amended so as to read as follows:
Section 22. If any employer having [four (4)] three (3) or more employees in his service fails to provide and secure compensation under this act, any employee contracting an occupational disease as herein provided, or, in case of death, his dependents, may bring an action at law against such employer for damages as if this act did not apply; provided further, that such employer shall also be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars ($100), nor more than five hundred dollars ($500) for each offense.
Sec. 5. Section 26 of said act is hereby amended so as to read as follows:
Section 26. (a) The occupational diseases hereinafter defined shall be deemed to arise out of and in the course of the employment, only when such disease was contracted within twelve (12) months previous to the date of the disablement, and if there is a direct causal connection between the conditions under which the work is performed and the occupational diseases, and which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment, and which can be fairly traced to the employment as the proximate cause, and which does not come from a hazard to which workmen would have been equally exposed outside of the employment. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.
(b) [Only] The following diseases as well as all other occupational diseases defined in subdivision (a) of this section shall be considered occupational diseases and shall be compensable as such, when contracted by an employee and when arising out of and in the course of the employment in any process described herein.
SCHEDULE
Description of Disease or Injury Description of process
|
1. Anthrax........................................ |
Handling of livestock, wool, hair, bristles, hides, and skins. |
κ1949 Statutes of Nevada, Page 368 (CHAPTER 177, AB 28)κ
Description of Disease or Injury Description of process
|
2. Glanders....................................... |
Care of any equine animal suffering from glanders; handling carcass of such animal. |
|
3. Lead poisoning........................... |
Any process involving the production or use of lead or its preparations or compounds. |
|
4. Mercury poisoning.................... |
Any process involving the production or use of mercury or its preparations or compounds. |
|
5. Phosphorous poisoning........... |
Any process involving the production or use of phosphorous, or its preparations or compounds. |
|
6. Arsenic poisoning..................... |
Any process involving the production or use of arsenic or its preparations or compounds. |
|
7. Poisoning by chlorine............... |
Any process involving the production or use of chlorine or its preparations or compounds. |
|
8. Poisoning by gasoline, benzene, naphtha, or other volatile petroleum products..... |
Any process involving the production or use of gasoline, benzine, naphtha, or other volatile petroleum products. |
|
9. Poisoning by carbon bisulphide................................... |
Any process involving the production or use of carbon bisulphide or its preparations or compounds. |
|
10. Poisoning by wood alcohol.... |
Any process involving the production or use of wood alcohol or its preparations. |
|
11. Infection or inflammation of the skin on contact surfaces due to oils, cutting compounds or lubricants, dust, liquids, fumes, gases, or vapors....................................... |
Any process involving the production, handling or use of oils, cutting compounds or lubricants, or involving contact with dust, liquids, fumes, gases, or vapors. |
|
12. Epithelioma cancer or ulceration of the skin or of the corneal surface of the eye due to carbon, pitch, tar or tarry compounds production. |
Handling or industrial use of carbon, pitch, or tarry compounds. |
κ1949 Statutes of Nevada, Page 369 (CHAPTER 177, AB 28)κ
Description of Disease or Injury Description of process
|
13. Compressed air illness............. |
Any work process carried on in compressed air. |
|
14. Carbon monoxide poisoning.. |
Any process involving the evolution of or resulting in the escape of carbon monoxide. |
|
15. Brass or zinc poisoning........... |
Any process involving the manufacture, founding or refining of brass or the melting or smelting of zinc. |
|
16. Manganese dioxide poisoning......... |
Any process involving the grinding or milling of manganese dioxide or the escape of manganese dioxide dust. |
|
17. Radium poisoning.................... |
Any process involving the production or use of radium and other radio actives substances, in luminous paint. |
|
18. Tenosynovitis and prepatellar bursitis...................................... |
Primary tenosynovitis characterized by a passive effusion or crepitus into the tendon sheath of the flexor or extensor muscles of the hand, due to frequently repetitive motions or vibration, or prepatellar bursitis due to continued pressure. |
|
19. Chrome ulceration of the skin or nasal passages.................... |
Any process involving the production or use of or direct contact with chromic acid or bichromates of ammonium, potassium, or sodium or their preparations. |
|
20. Potassium cyanide poisoning |
Any process involving the production or use of or direct contact with potassium cyanide. |
|
21. Sulphur dioxide poisoning...... |
Any process in which sulphur dioxide gas is evolved by the expansion of liquid sulphur dioxide. |
|
22. Poisoning flour, burned grease, bakery and kitchen fumes, and other food products.................................... |
Any process involving the production of or the use of flours for baking purposes, greases used in cooking, and other products used in cafes and bakeries, causing or tending to cause what is commonly called bakers disease, bakers asthma, or bakers tuberculosis. |
κ1949 Statutes of Nevada, Page 370 (CHAPTER 177, AB 28)κ
Description of Disease or Injury Description of process
|
23. Silicosis. (Silicosis shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy.) |
|
No compensation shall be paid in case of silicosis unless during the ten years immediately preceding the disablement or death the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than four (4) years in employment in Nevada, some portion of which shall have been after the effective date of this act.
Compensation, medical, hospital, and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of the Nevada industrial insurance act, and only in the event of such disability or death resulting within two (2) years after the last injurious exposure; provided, that in the event of death following continuous total disability commencing within two (2) years after the last injurious exposure, the requirement of death within two (2) years after the last injurious exposure shall not apply; provided further, that the maximum compensation payable, exclusive of medical and funeral benefits for death or disability due to silicosis, shall not exceed the sum of five thousand dollars ($5,000); and provided further, that hospital, nursing and medical benefits shall be limited to an amount not exceeding the sum of [five hundred dollars ($500)] seven hundred fifty dollars ($750).
Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the industrial commission within one (1) year after total disability began or within six (6) months after death.
Nothing in this act shall entitle an employee or his dependents to compensation, medical, hospital, and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration, and nature of previous employment in answer to an inquiry made by the employer.
Sec. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 7. This act shall be effective immediately from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 371κ
Assembly Bill No. 353Committee on Ways and Means.
CHAPTER 178
AN ACT to amend an act entitled An act to provide for the creation, organization, and maintenance of the Nevada state police, prescribing the powers and duties of the officers and members thereof in maintaining peace, order, and quiet in the State of Nevada, fixing their compensation, providing certain penalties, and other matters relating thereto, making an appropriation therefor, and repealing all acts or parts of acts in conflict therewith, approved January 29, 1908, as amended.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 7435 N. C. L. 1929, as amended by section 1, chapter 261, page 828, Statutes of 1947, is hereby amended to read as follows:
Section 2. The Nevada state police shall consist of the superintendent of police, to be appointed by the governor, [one inspector, five sergeants, five subordinate police officers] and two hundred fifty reserves.[The superintendent is also authorized to employ necessary clerical help who shall be compensated according to the schedule of compensation prescribed for clerical help in other state departments and who shall be entitled to travel and subsistence allowances as provided by law; provided, the total expended for such compensation and allowances shall not exceed the sum appropriated for those purposes.]
Sec. 2. Section 14 of said act, being section 7447 N. C. L. 1929, as amended by section 2, chapter 261, page 829, Statutes of 1947, is hereby amended to read as follows:
Section 14. The superintendent of police shall receive a salary of [thirty-nine hundred dollars ($3,900)] four thousand five hundred dollars ($4,500) per annum, which shall be in full compensation for all official and ex officio services rendered by him.
[The inspector of police shall receive a salary of thirty-three hundred dollars ($3,300) per annum.
Each sergeant shall receive a salary of three thousand dollars ($3,000) per annum.
All other members, except the reserve force, shall receive a salary of twenty-seven hundred dollars ($2,700) per annum.]
All salaries herein provided for shall be paid in semimonthly installments, the same as the salaries of other state officers are paid.
Each member of the reserve force shall receive five dollars per day while engaged in active service, which sum shall be paid the same as the salaries of other state officers are paid. The members of the reserve force shall receive no compensation whatever when not engaged in active service. All claims for salaries for services rendered in active service shall be examined and audited by the superintendent of police, and shall be examined, audited, and allowed by the state board of examiners, and shall be paid as other claims against the state are paid.
________
κ1949 Statutes of Nevada, Page 372κ
Assembly Bill No. 195Ormsby County Delegation.
CHAPTER 179
AN ACT to amend an act entitled An act to provide additional compensation for certain elective officers of Ormsby County, approved March 18, 1947.
[Approved March 28, 1949]
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 section 1 of chapter 84, 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 1. In addition to salaries fixed by chapter 79 and chapter 173, Statutes of Nevada 1945, the county clerk, the recorder, the sheriff, and the district attorney of Ormsby County shall receive additional compensation at the rate of [ten percent (10%)] twenty percent (20%) of such salaries, which additional compensation at said rate shall be included in and paid by the salary warrants issued to said elective officers.
Sec. 2. Section 2 of the above-entitled act being section 2, chapter 84, 1947 Statutes of Nevada, is hereby repealed.
Sec. 3. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 155Messrs. Christensen and Cross.
CHAPTER 180
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]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
ARTICLE I
Section 1. That on and after the passage and approval of this act, and for the uses and purposes hereinafter mentioned, the inhabitants of that portion of Washoe County, Nevada, embraced within the limits hereafter set forth, shall be and constitute a body politic and corporate, by the name and style of the City of Sparks, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of said city shall include all the inhabitants, lands, tenements and property embraced within the southwest quarter of section four; the south half of section five; the south half of the southeast quarter of section six;
κ1949 Statutes of Nevada, Page 373 (CHAPTER 180, AB 155)κ
the northeast quarter of section seven; the north half of section eight; using as the southern boundary of this portion what is now known as Glendale avenue, and the northwest quarter of section nine; all in township nineteen north, range twenty east, Mount Diablo base and meridian, and, also, such other and additional lands and tenements as may at any time heretofore or hereafter be embraced or included lawfully within established limits of said city as hereinafter provided.
Sec. 1.01. The said city may have and use a common seal and the same alter at pleasure; and may purchase, receive, hold and enjoy real and personal property within or without the city; and sell, convey, and dispose of the same for the common benefit; and may determine and declare what are public uses, and when the necessity exists of condemning lands thereof; and what are the lands necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property, within and without the city, in fee simple or in trust for charitable or other purposes and do any acts and things necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, gift or trust.
Sec. 1.02. The city of Sparks may be divided into five wards which shall be as near equal in registered electors as can be conveniently provided, and the territory comprising each ward shall be contiguous. The boundaries of wards shall be established and changed by ordinance passed by a vote of at least three-fifths of the whole council. The boundaries of wards may be changed whenever the electors registered at the time of any municipal election in any ward shall exceed the number of electors registered in any other ward by more than twenty percent (20%).
ARTICLE II
Executive Department
Sec. 2. The corporate powers of the city, except as hereinafter stated, shall be vested in a mayor and city council. The mayor shall be an actual and bona fide resident for a period of at least five years preceding his election and an elector and taxpayer on real property in the city, and he shall be chosen by the qualified electors thereof whose names appear upon the official register as hereinafter provided, and who are actual bona fide residents of and within the limits of said city. The mayor shall serve for a term of four years from and after the date of his election and qualification, and until his successors shall have been duly elected and qualified. He shall be the chief executive of the city and must exercise a careful supervision over its general affairs. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof with which they execute their official duties, and especially in respect to the collection, administration and disbursements of the public funds, and all books, papers, records and documents of said city shall at all times be open to his inspection, and any official misconduct or willful neglect of duty shall be reported by him to the council. He shall, from time to time, give the council information in writing relative to the state of the city, and recommend such measures as he may deem beneficial to the city.
κ1949 Statutes of Nevada, Page 374 (CHAPTER 180, AB 155)κ
state of the city, and recommend such measures as he may deem beneficial to the city. He shall see that all the general laws and ordinances of said city are observed and enforced, and shall take all proper measures for the preservation of public peace, order and the suppression of riots, tumults and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily, and to use and command the police force, or if the same be inadequate, it shall be his duty to call upon the governor for military aid, in the manner provided by law.
Sec. 2.01. The mayor, with the city clerk or some member of the council, shall at least once each month, count the cash in the city treasury and see that such count corresponds with the books of the treasurer, and report the result to the council. He shall see that all contracts are faithfully kept and fully performed, and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended. He shall have the power to suspend any appointive officer for dereliction, neglect or nonperformance of duty, and report such action and cause therefor, to the council, at the first subsequent regular meeting, and if the council by a majority vote of the whole council approve the suspension, such office shall be declared vacant. If a majority vote of the whole council be against such approval, such suspension shall be revoked.
Sec. 2.02. The mayor shall preside over the council when in session and shall preserve order and decorum among the members and enforce the rules of the council and determine the order of business, subject to such rules and to appeal to the council. He shall not be entitled to a vote except in case of a tie when he shall have a vote, except as provided in section 3.02, article III of this charter. He may exercise the right of veto upon all matters passed by the council except claims against the city, and it shall require four-fifths votes of the whole council to pass any matter receiving the mayors veto. No resolution or contract requiring the payment of money, or any ordinance, shall go into force or have any effect until approved by the mayor; provided, if the mayor does not approve such resolution, contract or ordinance so submitted, he must within five days from the receipt thereof, return the same to the city clerk with his reasons for not approving it, in writing, and if the mayor does not so return it, such resolution or contract shall thereupon go into effect and such ordinance become a law, in like manner and with the same effect as if the same had been approved by the mayor.
Sec. 2.03. The mayor shall, in addition to the duties herein provided for, sign all licenses, minutes of council meetings, warrants and claims against the city and perform such other duties as the council shall prescribe by ordinance. A mayor pro tem shall be elected by the council from among its members as soon after its organization as practicable and in case of the absence of the mayor or his inability to act, the mayor pro tem shall preside over the council in the same manner and with the like effect as the mayor; provided, that the restrictions upon the right of the mayor to vote shall not apply to the mayor pro tem while acting as the mayor.
κ1949 Statutes of Nevada, Page 375 (CHAPTER 180, AB 155)κ
restrictions upon the right of the mayor to vote shall not apply to the mayor pro tem while acting as the mayor. In the absence of both the mayor and mayor pro tem the council shall select a mayor pro tem to serve until the return of either the mayor or mayor pro tem. In case of vacancy in the office of mayor the mayor pro tem shall draw the salary of the mayor and his salary as councilman shall cease.
Sec. 2.04. The mayor shall, subject to confirmation by the council, appoint all officers of the city whose election or appointment is not otherwise provided for in this charter or by law. The mayor must nominate such appointments to the council at a regular meeting within thirty days after vacancy, and in case the person so nominated is not confirmed by a majority vote of the whole council, the mayor shall nominate another and so on until the place is filled.
Sec. 2.05. Whenever a vacancy shall occur in any elective office the same shall be filled for the unexpired term until the next general city election by appointment by the mayor, subject to the confirmation by a majority vote of the whole council, in the same manner as other appointments are made, unless the filling of such vacancy be otherwise provided by law.
Sec. 2.06. The mayor shall receive such salary as the council shall, from time to time, prescribe by ordinance, not exceeding the sum of six hundred dollars ($600) per annum, payable monthly.
ARTICLE III
Legislative Department
Sec. 3. The legislative power of the city, except as hereinafter provided, shall be vested in a city council, consisting of five members, who shall hold office for the term of four years. They shall be actual bona fide residents for a period of three years or more preceding their election and taxpayers in the city and qualified electors of their respective wards whose names appear upon the official register as electors of such ward, and residents thereof within the corporate limits of said city; provided, that no person shall be eligible for the office of councilman who shall not be an actual bona fide resident in the ward to be represented by him and shall not have been such resident for the period of at least six months next immediately preceding the date of election.
Sec. 3.01. The councilmen elected under this charter shall be elected for a term of four years from and after the 1st day of May 1935. At the next subsequent general city election, each councilman elected from his respective ward shall serve for a term of four years from and after the date of their respective elections, and until their successors have been duly elected and qualified.
Sec. 3.02. Any vacancy occurring in the office of councilman shall be filled by the mayor and council at a regular meeting within thirty days after such vacancy, when the council and the mayor, who shall have the same voting power thereon as a councilman, shall by a majority vote of the whole council elect some person possessing the requisite qualifications as hereinbefore prescribed, who shall hold said office until the election and qualification of a councilman at the next regular general city election.
κ1949 Statutes of Nevada, Page 376 (CHAPTER 180, AB 155)κ
until the election and qualification of a councilman at the next regular general city election.
Sec. 3.03. A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the mayor, compel the attendance of the absent members; provided, however, that no ordinance shall be passed except by a majority vote of the whole council. They may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions, and all proceedings must be public. The councilmen shall receive such salary as may be prescribed from time to time by ordinance, not exceeding the sum of three hundred ($300) dollars per annum for each councilman, payable monthly.
Sec. 3.04. The city council shall hold regular meetings on the second and fourth Mondays of each month and shall continue in session from day to day until the unfinished business of each regular meeting shall have been fully and finally disposed of, so far as practicable. Special meetings may also be held on a call of the mayor, or by a majority of the council; provided, that no contract involving the expenditure of money shall be made or any ordinance passed, except an emergency ordinance as hereinafter provided, or claim allowed at any such special meeting; and provided further, that no business shall be transacted at such special meeting except such as shall be stated in the call therefor.
Sec. 3.05. Upon the passage of all ordinances, resolutions, or motions the yeas and nays shall be taken and the clerk shall enter the same and the vote of each member, as well as the mayors vote in cases of tie, in the journal.
Sec. 3.06. The style of all ordinances shall be as follows: The City Council of the City of Sparks do ordain, and all proposed ordinances when first proposed shall be read aloud in full to the council, and final action thereon shall be deferred until the next regular meeting of the council, except that in cases of emergency, by unanimous consent of the whole council, such final action may be taken immediately or at a special meeting called for that purpose. All ordinances shall be signed by the mayor, attested by the city clerk, and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, for at least two successive publications in such newspaper, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the city council, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book, or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the city council, they shall be so received.
κ1949 Statutes of Nevada, Page 377 (CHAPTER 180, AB 155)κ
recorded, under the seal of the city, shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the city council, they shall be so received.
Sec. 3.07. The council shall have the power to punish any member for disorderly conduct committed in its presence and to compel the attendance of witnesses and the production of all papers relating to any business before the council; and may punish disobedience of its subpoena or any contemptuous or disorderly conduct committed in its presence, by fine not exceeding fifty dollars or imprisonment not in excess of twenty-five days, or both such fine and imprisonment. The mayor, mayor pro tem while acting in the stead of the mayor, and the city clerk shall have power to administer oaths and affirmations relating to any business pertaining to the city before the council or to be considered by it.
Sec. 3.08. No ordinance shall be passed except by bill and whenever any ordinance is amended, the section or sections thereof, shall be reenacted as amended, and no ordinance shall be revised or amended by reference only to its title. Every ordinance shall embrace but one subject and matters necessarily or properly connected therewith and pertaining thereto, and the subject shall be clearly indicated in the title, and in all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.
Sec. 3.09. An ordinance adopting a uniform building, plumbing, electrical, health and national board of fire underwriters codes, printed in book or pamphlet form, may adopt such code, or codes, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city of Sparks, and with such other changes as may be desirable, by reference thereto, and such code, or codes, upon adoption need not be published or read in full as required by sec. 3.06, article III, if copies of such code, or codes, either typewritten or printed, with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least one week prior to the passage of the ordinance adopting said code or codes.
Sec. 3.10. The city council, among other things, shall have the power:
First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members.
Second-To make and pass all ordinances, resolutions, and orders not repugnant to the constitution of the United States or the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, and for the execution of all the powers vested in said city, and for making effective the provisions of this charter.
Third-To levy and collect, annually, a tax of not to exceed one and one-half percent upon the assessed value of all real and personal property within the limits of the city, and which is by law taxable for state and county purposes.
κ1949 Statutes of Nevada, Page 378 (CHAPTER 180, AB 155)κ
property within the limits of the city, and which is by law taxable for state and county purposes.
Fourth-To sell, lease, control, improve, and take care of the real estate and personal property of the city; provided, said council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose.
Sec. 3.11. The city council, among other things, shall have the power: To lay out, extend, change the grade, open, vacate, and alter the streets and alleys within the city, and require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, street or alley, or otherwise improving same; also to provide for the improvement and preservation of the city parks, and the construction, repair, and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers; for the prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalk, and regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits; and for that purpose and for the purpose of defraying the expense thereof may divide the city into districts. Such part of the expenses of improving any street, lanes, avenues, or alleys by grading, paving, graveling, curbing, constructing sidewalks, or otherwise improving the same, as the city council shall determine may be paid from the general fund, street fund or district street fund, from the proper street district, or the said cost or a portion thereof, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street or alley so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the city council may be benefited by the improvement.
Sec. 3.12. When the city council shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, or sidewalks and curbing, macadamizing, oiling, graveling, or grading any street or alley, or in any way improving the same, and defray the whole or any part of the costs or expenses thereof by special assessment, they shall so declare by resolution, stating the improvements and what part or portion of the expenses thereof shall be paid out of the general fund, street fund, district street fund, or any other fund. Such resolution shall be published for two (2) issues, one week apart, in a newspaper of general circulation in the city.
Sec. 3.13. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, school buildings or other public buildings or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvements or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.
κ1949 Statutes of Nevada, Page 379 (CHAPTER 180, AB 155)κ
grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund, or from the proper street or district street fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvements or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.
Sec. 3.14. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lot the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvement, including the necessary land therefor, viz, for city hall and other public buildings for the use of the city officers, enginehouses and structures for the fire department, waterworks, city prison, levees and embankments, shall be paid from the proper general fund of the city, except that, in case of lands appropriated for streets and rights-of-way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed. Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified.
Sec. 3.15. When the city council shall determine to make any public improvement or repairs in the laying of pavements, or constructing sidewalks, or in any way improving the streets in the city, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by resolution, 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 appropriated from the general fund of the city, from the street funds, or district street funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands benefited thereby according to benefit; but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said resolution so to state, with a definite location of the improvements to be made.
Sec. 3.16. It shall not be necessary in any case to describe minutely in the resolution each particular lot to be assessed, but simply so to designate the property, district, or the location so that the various parts to be assessed can be ascertained and described by the city assessor.
κ1949 Statutes of Nevada, Page 380 (CHAPTER 180, AB 155)κ
in the resolution each particular lot to be assessed, but simply so to designate the property, district, or the location so that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for two issues one week apart in one of the newspapers of the city, by posting printed notices of the same in at least three of the most public places in each ward, and also a notice in or near each post office of said city, and three notices near the site of the proposed work in some public and conspicuous place, and of the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of three-fifths of all members elected to the city council.
Sec. 3.17. In all cases where the board of health or other officials of the city or the city council are authorized to do, or cause to be done, certain things, the whole or any part of which may be charged as a special assessment upon the property, and where special provisions for making the levy are not herein made, the city council may cause sworn statements of the cost thereof, and of the location thereof, to be made as provided in the last paragraph, and may, at their option, refer the same to the city assessor and have the same assessed against such property. The costs and expenses of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of contruction.
Sec. 3.18. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds fifty percent of the value of such lands and improvements as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that percent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had, except the preliminary estimates, maps, surveys and work hereinbefore specified. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded prior to the public hearing herein provided.
κ1949 Statutes of Nevada, Page 381 (CHAPTER 180, AB 155)κ
fit; provided, the contract shall not be made or awarded prior to the public hearing herein provided.
Sec. 3.19. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed. In fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily by governed by the estimates of such improvement provided for herein, but the city council may decide upon such other sum, within the limitations prescribed as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed, with the names of persons, if known, chargeable with the assessment thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name Unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of the person other than the owner, such assessment shall not, for any cause, be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and collected as in other cases.
Sec. 3.20. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvements bears to the whole frontage of all the lots to be assessed; unless on account of the shape and 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 the assessment by the city assessor. If the assessment is directed to be according to benefits, the city 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. When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:
State of Nevada, City of Sparks, ss. To the city council of the city of Sparks: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e.
κ1949 Statutes of Nevada, Page 382 (CHAPTER 180, AB 155)κ
of Sparks: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e. g., for paving B street from First street to Fifteenth street in said city, as the case may be), (or constructing a sewer on C street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, confirmed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.
Dated, Sparks, Nevada, ........................................................................ , A. D. 19...............
................................................................... , City Assessor.
Sec. 3.21. When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which, by the provisions of this act, the city council is authorized to charge and collect a special assessment against the same, and not being of that class of special assessment 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 the description of the lot or premises upon or in respect to which the expense was incurred, or the name of the owner or person, if known, chargeable therewith, shall be reported to the city council in such manner as the city council shall prescribe. And the provisions of the previous subdivisions, with reference to special assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision.
Sec. 3.22. The city council shall determine what amount or part of every expense shall be charged and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and so often as the city council shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises and the persons chargeable therewith, respectively, to be reported by the city clerk to the city assessor for assessment.
Sec. 3.23. Upon receiving the report mentioned in the preceding subdivision the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council. When any special assessment shall be reported by the city assessor to the city council as in this section and subdivision directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause notice to be published for one week, at least, in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and the assessor will meet to review the assessments.
κ1949 Statutes of Nevada, Page 383 (CHAPTER 180, AB 155)κ
be published for one week, at least, in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and the assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk. The notice provided in this subdivision may be addressed to all persons interested therein, and may be in the following form:
To all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment from the (e.g., paving B street to Fifteenth street in said city), (or constructing a sewer on C street between First street and Fifteenth street), (or as the case may be), is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Sparks will meet in the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing.
Dated.......................................... ................................................................. City Clerk.
Sec. 3.24. At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessment which may be made by any person deeming himself aggrieved thereby, and shall decide the same; and the city council may correct the same as to any assessment or description of the premise appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: Special assessment roll for (describing fully what the assessment is for), as approved by the city council the day of (month), 19 (affixing the time).
Dated.......................................... ............................................................... City Clerk.
Sec. 3.25. The city council, among other things, shall have the power:
When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a three-fifths vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting as ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor acting as ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll.
κ1949 Statutes of Nevada, Page 384 (CHAPTER 180, AB 155)κ
auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.
Sec. 3.26. All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land and improvements assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which installments shall be collected yearly, or the entire amount thereof may be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven percent.
Sec. 3.27. All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Sparks, in the same manner as any other action for money owed the city of Sparks; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words justice court, justice of the peace, and constable are used in said civil practice act the same shall be held to mean police court, police judge, and chief of police, respectively, for the purposes of said action.
Sec. 3.28. Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or land shall be according to such subdivisions.
Sec. 3.29. Should any special assessment prove insufficient to pay for the improvements or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and 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. 3.30. Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have the power to cause a new assessment to be made for the same purpose for which the former assessment was made.
κ1949 Statutes of Nevada, Page 385 (CHAPTER 180, AB 155)κ
the assessments have been paid or not, have the power to cause a new assessment to be made for the same purpose for which the former assessment was made. All proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessments in this act.
Sec. 3.31. Whenever any sum or any 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 on said premises, and the reassessment to that extent be deemed satisfied.
No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.
Sec. 3.32. When any special assessment shall be confirmed, recorded, and be payable, and the city council desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed, respectively, and the city council shall annually and at the same time the city tax levy is made, continue so to require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county auditor acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting as ex officio city tax receiver, 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; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Sparks from collecting any special assessment by suit in the name of the city of Sparks in the manner in this section before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
κ1949 Statutes of Nevada, Page 386 (CHAPTER 180, AB 155)κ
Sec. 3.33. If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality that the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 3.34. The city council of the city of Sparks is hereby authorized and empowered to correct or amend the said special assessment roll by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied, and all changes in said roll shall be made by resolution, by a three-fifths vote of all the members elected to the city council, and the said resolution, or a copy thereof, certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made. The city council shall have the power, by resolution and ordinance, to create districts within the city, similar to special assessment districts, and to issue bonds secured by the property within such designated districts, to defray the costs of public improvements that may be placed therein, such as curbs, gutters, sidewalks, paving of streets, or other like public works. Such bonds may be issued as are other general city bonds. The city council shall also have the power to issue general bonds for the erection of needed public buildings; such as a city hall, enginehouses for the fire department, parks, recreation centers, and necessary equipment for departments of the city.
In construing powers of the city council, anything in this act contrary thereto shall not be deemed in conflict with the provisions of said powers.
Sec. 3.35. The city council, among other things, shall have the power:
To organize, regulate, maintain, and disband a fire department; to provide for the extinguishment of fire; to regulate or prohibit the storage of gunpowder or other explosives or combustibles or inflammable material within, or transported through the city, and to prescribe the distance from said city where the same may be stored, held or kept.
Sec. 3.36. To determine by ordinance what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same, at the expense of the parties creating, causing, or committing such nuisances, and to provide for the penalty and punishment for the same.
Sec. 3.37. To provide for safeguarding the health of the city. For this purpose, the council, with the mayor, who shall be president of the board, shall act as a city board of health, and the council may by ordinance prescribe its duties and powers. The council may elect a secretary of the board of health, who shall be the health officer of the city and have full power as such over all matters pertaining to health and sanitary matters.
κ1949 Statutes of Nevada, Page 387 (CHAPTER 180, AB 155)κ
city and have full power as such over all matters pertaining to health and sanitary matters. The board of health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city, and to have any such products as are unsound, spoiled, unwholesome, or adulterated summarily destroyed.
Said board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious, or other diseases into the city; to make quarantine laws and regulations, and the city council shall have power to enforce the same by providing adequate penalties for violations thereof.
Sec. 3.38. The council may erect or otherwise acquire a pesthouse temporarily or permanently, at such distance from the city limits as it shall deem practicable, and the health officer shall have the power to establish temporarily pesthouse or houses in the case of emergency or epidemics.
The council may by ordinance prescribe a salary for the health officer, but such salary, when fixed, shall not be changed so as to increase the same oftener than once every four years, except temporarily during the period of an emergency caused by dangerous epidemic or the like.
Sec. 3.39. To fix, impose, and collect a license tax on, and to regulate all trades, callings, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any kind held in any house, place or enclosure where wines, spirituous, malt, and vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, eating houses, lunch counters, barrooms, lodging houses, accommodating four or more lodgers; bankers, brokers of every and all kinds, manufacturers; livery stables, express companies, telegraph and telephone companies, street railway companies, operating in whole or in part within said city. To fix, impose, and collect a license tax on and regulate auctioneers and stock brokers.
To fix, impose, and collect a license tax on, regulate, prohibit, or suppress all tippling houses, dram shops, saloons, bars, barrooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the locations of or suppress all saloons, barrooms, gambling games, places where intoxicating liquors are sold or given away, street fakers, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests and exhibitions.
κ1949 Statutes of Nevada, Page 388 (CHAPTER 180, AB 155)κ
To fix, impose, and collect a license on, regulate, prohibit or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, faro, and all games of chance; houses of illfame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of every, any and all kinds, trades and traders, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separated from hardware stores, hardware stores, paint, paper, or oil stores, bicycle repair shops, cycleries, warehouses, cold storage plants, daily, weekly, semiweekly, monthly and semimonthly newspapers or publications, ice peddlers, insurance companies, including fire, life, or accident, and agents or solicitors for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, bootblack stands, all billiard or pool games or other table games, or games played with cue or balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, stage companies, electric light, water, and power companies, bankers, brokers, job printers, manufacturers of soda waters or other soft drinks, or of beer, malt, spirituous, or vinous liquors, or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash-and-door factories, planing mills, machine shops, car shops, building and loan companies, agents or solicitors for the same, real estate agents, popcorn, peanut and fruit stands, music stores, drygoods stores, furniture stores, drug stores, undertakers, boot and shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by billboards, placards, and the like, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds and all and singular, all business, trades and professions, including attorneys, doctors, physicians, and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and on a pro rata basis.
Sec. 3.40. The city council, among other things, shall have the power:
κ1949 Statutes of Nevada, Page 389 (CHAPTER 180, AB 155)κ
First-The city council shall have the power to fix, impose, and collect an annual per capita tax on all dogs and cats and to provide for the destruction of all dogs and cats upon which said tax shall not have been paid; to fix, impose, and collect a license tax on, and regulate hacks, hackney coaches, cabs, omnibuses, and all other vehicles used for hire, and to regulate the stand of all hacks, hackney coaches, cabs, omnibuses, jitney busses, express wagons, drays, job wagons, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles; to fix, impose, and collect a license tax, regulate or suppress runners for hotels, taverns, or other business.
Second-To prevent any, and restrain any, riot, or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment for the same.
Third-To provide for the formation of a chain gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and to prevent their escape while being so employed.
Fourth-To provide for conducting all city elections, except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election.
Fifth-To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run, within the city limits, and to prescribe the length of time any street may be obstructed by cars standing thereon, and to require railroad companies either to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the council be necessary, and to require street railway cars to be provided with modern fenders, and to have warning or signal bells rung at all street crossings.
Sixth-To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all amounts and claims against the city, and to allow or reject the same, or any part thereof.
Seventh-To provide for the issuance of all licenses in this charter authorized, and to fix the amounts thereof, and to fix the time for, manner of, and terms for which the same shall be issued.
Eighth-To make all appropriations, examine and audit, reject or allow, the accounts of all officers or other persons having the care or custody of any city moneys or property, and to determine the fee or salaries of such office or person, except as herein otherwise provided, to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charter, by the said council, such debt, claim, or obligation shall be null and void as against the city, or any of its funds, but every councilman voting in favor of the same shall be held personally liable jointly and severally, for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed therefrom.
κ1949 Statutes of Nevada, Page 390 (CHAPTER 180, AB 155)κ
funds, but every councilman voting in favor of the same shall be held personally liable jointly and severally, for the entire debt so made, and shall be deemed guilty of malfeasance in office, and on conviction thereof shall be removed therefrom.
Sec. 3.41. The city council, among other things, shall have the power:
First-To control, enlarge, or abolish cemeteries, and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located.
Second-To establish, lay out, and to change fire limits, and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings, and sheds in such limits; and to regulate, prescribe or prohibit awnings, porches, signs, placards, or billboards over sidewalks or across streets, and to regulate the same throughout the city.
Third-To provide by ordinance for a supplemental registration of all persons possessing the requisite qualifications of voters in said city, and whose names do not appear on the official register of voters in said city for the last preceding general election; such registration to be held every four years before the police judge and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be taken later than thirty days preceding any regular city election.
Fourth-To provide and maintain a city prison and to provide for the guarding, safe-keeping, care, feeding, and clothing of city prisoners.
Fifth-To prevent or regulate the running at large within the city of any poultry, hogs, sheep, goats, swine, horses, cows or other animals; to establish a pound and to authorize the impounding, sale, or destruction of any animals or fowl found running at large.
Sixth-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.
Sec. 3.42. The city council, among other things, shall have the power:
First-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require owners or lessees of public buildings or buildings used for public purposes, including hotels, dancing halls, theater buildings, to place in or upon same fire escapes and appliances for protection against and the extinguishment of fire; to prevent the construction and cause the removal of dangerous chimneys, stove pipes, ovens, and boilers, and to prevent the depositing of sewer filth, offal, manure, or other offensive matter within the city; to prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, or debris; to compel the abating of nauseous, stinking, or foul privy vaults.
κ1949 Statutes of Nevada, Page 391 (CHAPTER 180, AB 155)κ
prevent the depositing of ashes, rubbish, shavings, or any combustible material in unsafe places; to regulate and compel the cleaning, at the expense of the person in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish, or debris; to compel the abating of nauseous, stinking, or foul privy vaults.
Second-To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, or benches in, or crowding or otherwise obstructing the aisles, entrances or exits of such places.
Third-To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, ditches, signal bells, warning signs, and other electric, telegraph, and mechanical appliances, in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks, or alleys.
Fourth-To require every railroad and street railway company to keep the streets in repair between the tracks and along and within the distance of at least two feet upon each side of the tracks.
Fifth-To require, upon such notice as the council may direct, any noxious or offensive smell, filth, or debris to be abated, removed, or otherwise destroyed, at the expense of the person or persons causing, committing, or responsible therefor, and the council, in like manner, may require or cause any lots or portion of lots covered by stagnant water for any period to be filled up to such level as will prevent the same from being so covered, and may assess the costs of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for.
Sec. 3.43. The city council, among other things, shall have the power:
First-To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for seizure and forfeiture of such articles offered for sale, which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.
Second-To restrain and punish vagrants, drunkards, disorderly persons, common prostitutes, mendicants, street beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms within the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise in the city.
κ1949 Statutes of Nevada, Page 392 (CHAPTER 180, AB 155)κ
or obscene language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, indecent, and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms within the city; the lighting of fires in yards, streets, or alleys, or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding, or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched, or otherwise in the city.
Sec. 3.44. The city council, among other things, shall have the power:
First-To regulate lodging, tenement, and apartment houses having four or more lodgers; to prevent the overcrowding of the same, and to require the same to be kept in sanitary condition.
Second-To adopt and enforce, by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the council may, from time to time, deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city, and to pass ordinance upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform and other duty, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary fully to carry out the intent, purposes, and object thereof.
Third-To select, appoint, and employ such engineers, surveyors, architects, or other skilled mechanics or persons, from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance.
Fourth-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.
Fifth-To require of and prescribe the amount and conditions of official bonds from the members of the council and all officers of the city, whether elective or appointive.
Sec. 3.45. The city council, among other things, shall have the power:
First-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay, as assessed by the council, his ratable proportion of the costs of paving, grading, or otherwise improving any street or building, any sidewalk or other improvements which benefits such property or owner thereof.
κ1949 Statutes of Nevada, Page 393 (CHAPTER 180, AB 155)κ
of the costs of paving, grading, or otherwise improving any street or building, any sidewalk or other improvements which benefits such property or owner thereof.
Second-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues and demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.
Third-Any property, real or personal, necessary or required for the public use of the city may be condemned and appropriated in the manner now prescribed by law, an all rights of eminent domain may be exercised by the city in relation thereto.
Fourth-Nothing herein contained shall be construed as authorizing or permitting the opening or extension of any street across or upon lands within the boundaries of said city of Sparks occupied for railroad purposes by the Central Pacific railway company, or the Southern Pacific company, their successors or assigns, said lands being particularly described as follows, to-wit:
Commencing at a point which is the section corner common to sections Nos. 4, 5, 8, 9, township 19 north, range 20 east, Mount Diablo base and meridian, and running thence westerly along the north boundary line of said section No. 8, a distance of two hundred and forty-three (243) feet, more or less, to the northeastern corner of the townsite of Sparks, as shown on the townsite map recorded in the office of the county recorder of Washoe County on April 24, 1904, at request of the Southern Pacific company; running thence from said corner southerly at right angles along the eastern boundary line of said townsite of Sparks a distance of four hundred and twenty (420) feet to the southeast corner of said townsite of Sparks; thence at right angles westerly along the south boundary line of the said townsite of Sparks parallel with and distant four hundred and twenty (420) feet from the north boundary line of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along the west boundary of the northeast quarter of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along west boundary of the northeast quarter of said section No. 8, a distance of three hundred and forty-five (345) feet, more or less, to a point distant sixty-five (65) feet at right angles northerly from the center line of the reconstructed line of the Central Pacific railway as located and constructed; thence westerly to the right with an angle of 82 decrees and 24 minutes and parallel with and distant sixty-five (65) feet at right angles northerly from said center line, a distance of one thousand and twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No.
κ1949 Statutes of Nevada, Page 394 (CHAPTER 180, AB 155)κ
right with an angle of 82 decrees and 24 minutes and parallel with and distant sixty-five (65) feet at right angles northerly from said center line, a distance of one thousand and twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No. 66 plus 80, a distance of three hundred and five (305) feet to a point; thence at right angles easterly two hundred (200) feet to a point; thence at right angles southerly one hundred and sixty (160) feet to a point which is distant four hundred (400) feet at right angles southerly from the center line of the said reconstructed Central Pacific railway; thence at right angles easterly parallel with and distant four hundred (400) feet at right angles southerly from said center line, a distance of eight hundred and eighty-eight (888) feet, more or less, to a point in the said west boundary of the southeast quarter of said section No. 8; thence southerly along said quarter-section line a distance of eighty-five (85) feet, more or less, to the southwest corner of the north one-half of the northeast quarter of said section No. 8; thence east along the south boundary of the said north one-half of the northeast quarter of section No. 8 and the south boundary of the north half of the northwest quarter of section No. 9 of said township and range, a distance of three thousand four hundred and sixty-five (3,465) feet, more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific railroad; thence southeasterly parallel with said center line and distant at right angles fifty feet therefrom, a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point on the east boundary line of northwest quarter of said section No. 9; thence north along said quarter-section line and crossing the said center lien at engineer survey station No. 130, plus 33.15, a distance of one thousand and sixty-two (1,062) feet, more or less, to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence, northerly and parallel with the east line of said northwest quarter of section No. 9, four hundred and ninety-five (495) feet to a point in the north line of said section No. 9, township 19 north, range 20 east, M. D. B. & M.; thence west along said north line of said section No. 9, a distance of twenty-three hundred and eleven (2,311) feet, to the point of beginning, said parcel of land being shall in said sections 8 and 9, township 19 north, range 20 east, Mount Diablo base and meridian.
Sec. 3.46. The city council of the city of Sparks, among other things, shall have power:
To provide, by ordinance, for a pension fund and for the payment of pensions to employees of the city of Sparks who have been in the employ of said municipal government for a period of years to be determined by said council in said ordinance, and in the event said city council creates said pension fund, the said city council shall, in said ordinance creating said fund, set aside annually not to exceed one percent of the taxes collected annually for general purposes in said city for the creation of said pension fund; provided, that the money so set aside for said fund and not disbursed for said purpose may be invested by the said city of Sparks in its own bonds or in an interest savings account in a bank if the city of Sparks.
κ1949 Statutes of Nevada, Page 395 (CHAPTER 180, AB 155)κ
city for the creation of said pension fund; provided, that the money so set aside for said fund and not disbursed for said purpose may be invested by the said city of Sparks in its own bonds or in an interest savings account in a bank if the city of Sparks.
Sec. 3.47. The city council shall not have power to enter into any contracts extending beyond the terms of the members of the city council then in office unless a notice of intention shall have been introduced in regular session, setting forth fully and in detail the purpose, terms and conditions of the proposed contract. Such notice of intention shall be published in some newspaper published in the city, or if no newspaper be published in the city, then in some newspaper published in the county, most likely to give proper notice, in full, in at least two issues, one week apart. Such notice shall set a date for a public hearing on such notice of intention for the next following regular meeting of the city council and at that time the council shall hear any objections or protests made by any person or persons.
At any subsequent regular meeting of the city council such council may authorize or reject or amend any such proposed contract.
ARTICLE IV
City Clerk
Sec. 4. There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of said city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima-facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the council not exceeding four thousand ($4,000) dollars per annum, payable semimonthly. He shall be a bona fide resident of the city of Sparks for a least three years prior to his election and a taxpayer therein.
κ1949 Statutes of Nevada, Page 396 (CHAPTER 180, AB 155)κ
ARTICLE V
City Treasurer
Sec. 5. As ex officio treasurer of the city, the clerk shall receive and safely keep and deposit in a depository, or depositories, designated by the city council all moneys that shall come to the city by taxation or otherwise, and pay the same out only on claims duly allowed by the council, except the interest or principal of any municipal bonded indebtedness, and shall perform such other and further duties as may be required of him or prescribed by the council. As treasurer, the city clerk shall before entering upon the duties of his office execute a good and sufficient official bond with approved sureties, in such sum and conditioned as may be required by the council. The city clerk shall not be entitled to any additional compensation by reason of any services performed by him as ex officio treasurer of the city; provided, the city council may, in the exercise of its sound discretion, segregate the office of city clerk from that of treasurer of the city, in which case, the manner of selection or election of the city treasurer, salary and duties shall be fully defined, fixed and determined by ordinance.
ARTICLE VI
City Attorney
Sec. 6. There shall be a city attorney, who shall be elected by the qualified electors of the city at each general city election, and he shall hold office for the term of four (4) years and until his successor shall have been duly elected and qualified. No person not a licensed and practicing attorney of the supreme court of this state, in good standing at the bar, a bona fide resident of the city and a taxpayer therein shall be eligible to the office of city attorney.
Sec. 6.01. The city attorney shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the city council, not to exceed three thousand ($3,000) dollars per annum, payable semimonthly.
ARTICLE VII
City Assessor
Sec. 7. The assessor of Washoe County shall, in addition to the duties now imposed upon him by law, act as the assessor of the city and shall be ex officio city assessor without further compensation. He shall perform such duties as may be prescribed by the council.
ARTICLE VIII
Judicial Department
Sec. 8. There shall be a police judge, who shall be appointed by the mayor, subject to confirmation by the council, who shall execute and file such bond as the council by ordinance shall prescribe. The police judge shall have the jurisdiction and powers in said city, as are now provided by law for justices of the peace, wherein any person or persons are charged with a breach of violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury, the police judge shall have jurisdiction to try, hear, and determine all cases, whether civil or criminal, for a breach or violation of any city ordinance or any provisions of this charter of a police nature and shall hear, try, determine, acquit, convict, commit, fine, or hold to bail in accordance with the provisions of such ordinance.
κ1949 Statutes of Nevada, Page 397 (CHAPTER 180, AB 155)κ
persons are charged with a breach of violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury, the police judge shall have jurisdiction to try, hear, and determine all cases, whether civil or criminal, for a breach or violation of any city ordinance or any provisions of this charter of a police nature and shall hear, try, determine, acquit, convict, commit, fine, or hold to bail in accordance with the provisions of such ordinance. The practice and proceedings in said court shall conform as nearly as practicable to the practice and proceedings of justice courts in similar cases. Fines imposed by the police judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the city jail of said city at the rate of one day for every dollar of such fine, or said police judge may at his discretion adjudge and enter upon his docket a supplemental order that such offender shall work on the streets or public works of said city at a rate of two dollars for each day of sentence, which shall apply on such sentence or fine until the same be exhausted or otherwise satisfied.
Sec. 8.01. Said police judge shall have exclusive original jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the amount claimed does not exceed three hundred dollars exclusive of costs, including the foreclosure of liens for street improvements, when the principal sum claimed does not exceed three hundred dollars; provided, that nothing herein shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the verified answer, or by the pleadings in such cause, that the validity of any tax, assessment or levy, is necessarily in issue in such cause, in which case the police judge shall certify such cause to the district court in like manner as provided by law for certification of causes by justices courts. The police judge shall have exclusive original jurisdiction of any action for the collection of money payable to the city from any person, when the amount claimed, exclusive of interest and costs, does not exceed three hundred dollars; also, for the breach of any bond given by any officer or person to, or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited bonds or recognizances given to, or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court; in any of the cases above named, when the principal amount claimed, exclusive of costs and interest, does not exceed three hundred dollars; also, for the recovery of property belonging to the city, when the value thereof does not exceed three hundred dollars.
Sec. 8.02. The police judge shall have jurisdiction of the following offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city or endanger the health of the inhabitants thereof: breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under any ordinances of the city.
κ1949 Statutes of Nevada, Page 398 (CHAPTER 180, AB 155)κ
fights, routs, riots, affrays, violent injury to property, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive or opprobrious conduct, and of all offenses under any ordinances of the city.
Sec. 8.03. Such police court shall be treated and considered as a justices court whenever the proceedings thereof are called into question. The police judge shall have power to issue all warrants, writs, and process necessary to complete an effective exercise of the jurisdiction of said court, and may punish for contempt, in like manner and with the same effect as is provided by general law for justices of the peace. He shall keep a docket in which shall be entered all official business in like manner as in the justice courts. He shall prepare bonds, justify bail and administer all oaths. He shall render monthly or oftener, as the council may prescribe, an exact and detailed statement in writing, under oath, of the business done and of all fines collected as well as fines uncollected since his last report, and shall at the same time render and pay unto the city treasurer, all fines collected and money received on behalf of the city since his last report.
Sec. 8.04. In all cases in which the police judge shall, by reason of being a party, or being interested or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability, for any reason, to act, any justice of the peace or police judge in said county, on the written request of the mayor, may act in the place and stead of said police judge, and the council shall have power to apportion ratably the salary of such police judge to such justice of the peace or other police judge, so serving, and deduct the sum so apportioned from the salary of the police judge.
Sec. 8.05. The police judge shall receive such salary as may be provided by the city council, not exceeding twelve hundred ($1,200) dollars per annum.
Sec. 8.06. Appeals to the district court may be taken from any final judgment of said police court, in the same manner and with the same effect as in cases of appeal from justice courts in civil or criminal cases, as the case may be.
Sec. 8.07. The words police court and police judge shall be construed to mean the same as and be synonymous with municipal court.
ARTICLE IX
Police Department
Sec. 9. There shall be a chief of police of said city. He shall be appointed by the mayor, subject to confirmation by the council. He must be a citizen of the United States of America not less than twenty-five years of age. The chief of police shall command and control the police force and have power to appoint an assistant chief of police and such necessary number of policemen as may be ordered by the council, such appointees to be subject to approval and confirmation of the council, and the salaries and compensations of all members of the police force shall be fixed by the council.
κ1949 Statutes of Nevada, Page 399 (CHAPTER 180, AB 155)κ
the police force shall be fixed by the council. The chief of police shall be vigilant in the detection of criminals and offenders and the speedy apprehension of the same, and shall diligently see that all ordinances of the city of a police nature, the general laws and the provisions of this charter are rigidly enforced and observed.
Sec. 9.01. The chief of police shall collect such licenses as designated by the city council. The time and manner of collection of license taxes shall be fully provided for and fixed by ordinance.
Sec. 9.02. The chief of police shall execute all process issuing from the police court. In his absence or inability to act a chief deputy may act. The chief of police shall, before entering upon the discharge of his duties, furnish a bond to the city, which bond shall apply in like manner to any deputy acting in his stead. Said bond shall be in a sum and conditioned as the council shall require, and be approved by the council. The duties of the chief of police may be more fully defined and provided for by such ordinances as the council may from time to time enact. The chief of police shall receive such salary or compensation as the council shall by ordinance prescribe.
ARTICLE X
Fire Department
Sec. 10. There shall be a chief of the fire department, who shall be appointed by the mayor, subject to the confirmation of the council. He shall be at least twenty-five years of age and a citizen of the United States. He shall see that all laws, rules, regulations and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department from time to time, shall report to the council with his recommendation for the betterment of the department, and to increase its efficiency. He shall have power, subject to confirmation by the council, to appoint the necessary number of firemen as may be required by the council. He shall exert himself to protect property from fire, and generally to exercise vigilance for the safety of the city against conflagrations. He shall receive such salary as the council shall by ordinance prescribe.
ARTICLE XI
Engineering Department
Sec. 11. There shall be a city engineer, who shall be appointed by the mayor, subject to the confirmation of the city council. Any person so appointed shall hold a license a s a civil engineer and land surveyor issued by the Nevada state board of registered professional engineers.
Sec. 11.01. The city engineer shall supervise the street, sewer and park departments of the city of Sparks, and perform such other duties as may be assigned to him by the city council.
Sec. 11.02. It shall be the duty of the city engineer, when instructed by the city council, to prepare plans, specifications, and cost estimates for all public improvements made within the city, as well as supervise the construction thereof. He shall recommend needed improvements to the mayor and the city council.
κ1949 Statutes of Nevada, Page 400 (CHAPTER 180, AB 155)κ
to the mayor and the city council. The city engineer shall cause to be carried out all necessary public improvement work and the engineering incident thereto when directed to proceed with such projects by the mayor and the city council. He shall receive such salary as the council shall by ordinance prescribe.
ARTICLE XII
Building and Health Inspector
Sec. 12. There shall be a building and health inspection department, the chief officer of which shall be the building and health inspector. He shall be appointed by the mayor subject to confirmation by three-fifths of the whole council, and shall be in complete charge of all buildings and construction work inspections and of the issuance of all permits required in such work.
He shall receive such salary as may be prescribed by the city council and shall have such other and additional duties as the city council may prescribe, and shall be subject to all rules and regulations of other appointive officers of the city.
ARTICLE XIII
Revenue
Sec. 13. The council shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax as hereinbefore prescribed, upon all real and personal property situated in the city and made assessable by law for state and county purposes; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions (acting ex officio as city officers) as prescribed and provided in the revenue laws of the state for the collection of state and county taxes; and the revenue laws of the state shall, in every respect, not inconsistent with the provisions of this charter, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of equalizing or equalization of assessments upon property, the rights of the city and inhabitants thereof shall be protected in the same manner and to the same extent as is the state and county by the action of the county board of equalization. And whenever or wherever practicable and expedient, all forms and blanks in use in the levying, assessing, and collection of state and county revenue, shall, with such alterations or additions as may be necessary, be used in the levying, assessing and collecting of the revenue of the city. And the council shall enact all such ordinances as shall be found necessary and not inconsistent with this charter and the laws of the state for the prompt, convenient and economical collection of the city revenue.
Sec. 13.01. All taxes collected under or by virtue of this charter, or of any ordinance of the city, shall be paid to the county treasurer of the county of Washoe at the same time as payment of taxes for state and county purposes is made; provided, that nothing herein shall be so construed as to require payment of any license taxes to said county treasurer of Washoe county. The county treasurer of Washoe county shall receive said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided.
κ1949 Statutes of Nevada, Page 401 (CHAPTER 180, AB 155)κ
shall receive said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided. The county treasurer shall render a statement to the city treasurer of the moneys and the amount thereof so received by him, as often as he shall be required so to do by resolution of the council, duly passed, certified to under the seal of the city by the clerk, and served upon the county auditor, who shall draw his warrant for the full amount, and the said county treasurer shall safely transmit and deliver into the treasury of the city all moneys so collected and received by him, or so much thereof as shall be called for by the resolution aforesaid, and shall thereupon take the receipt of said city treasurer therefor. All such moneys shall be placed in the funds of the city. After the receipt by the city treasurer of such funds, as may be called for in the resolution above referred to, and at the next regular council meeting after demand has been made upon the county treasurer therefor, the council shall ascertain the amount that must be paid out of the funds thus received, for bond interest and bond retirement, prior to the due date of the next tax apportionment; whether the same be quarterly, semiannually, or annually; and out of said funds thus received the city council shall direct the payment of due bonds and interest; and when such amount has been ascertained, the city council shall order a sufficient amount of said funds fully to cover the same, to be deposited in a special fund to be known as the Sparks Bond Redemption Fund, and the funds thus segregated shall be used only for the purpose of paying bond interest and maturing bonds; and shall not be subject to any other use, or to any judicial process, attachment, or execution. The remainder of said funds shall be deposited in the fund to be known as the Sparks General Fund, and shall be so kept until used for general city purposes, and paid out upon proper warrants; provided, that the city council may, in its discretion, set apart any surplus moneys in said Sparks General Fund to the Sparks Bond Redemption Fund, which shall be used for bond interest and bond principal redemptions; for bonds now issued, or for those to be issued, and which are secured by the full faith and credit of the property within the city. Nothing herein contained, however, shall be construed to prevent the city council, in its discretion, from creating a sinking fund out of any surplus tax moneys, to care for any long-term public improvement, or other public work or project. When the council shall decide to set any surplus moneys aside in a public fund, they shall so declare by resolution, defining the objects and purposes of the said fund, and when once set aside said fund shall be used only for the purpose for which it was expressly and especially appropriated.
Sec. 13.02. All real and personal property levied upon for taxes due the city, if sold by virtue of any judgment for taxes, shall be sold by the officer holding the execution upon the judgment, which shall include the taxes due and all costs; provided, that so far as possible the collection of the tax due the city shall be made by the county treasurer in the same manner and time as collection of taxes for state and county purposes and the lien of said city for unpaid taxes to be enforced by the said county treasurer and the property sold for any delinquent tax due the city, in the same manner and with like effect as in the case of delinquent taxes levied for state and county purposes.
κ1949 Statutes of Nevada, Page 402 (CHAPTER 180, AB 155)κ
enforced by the said county treasurer and the property sold for any delinquent tax due the city, in the same manner and with like effect as in the case of delinquent taxes levied for state and county purposes.
Sec. 13.03. The board of county commissioners of Washoe county shall, from time to time, upon the request of the council of the city apportion to the city such proportion of the general road fund of the county of Washoe as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, shall bear to the whole property of the county, inclusive of the property within the limits of the city; and all such moneys so apportioned shall be expended upon the streets, alleys and public highways of the city, under the direction and control of the council.
Sec. 13.04. The council shall have power to pass all ordinances necessary or required to carry into effect, the revenue laws in said city and to enlarge, fix and determine the duties of all officers in relation thereto.
ARTICLE XIV
Miscellaneous
Sec. 14. The fees, salaries, or other compensations of officers or other persons employed by the city shall be regulated in the case of all elective officers of the city by duly enacted ordinances and as to all appointive officers, such as the police chief, police judge, chief of the fire department, and city engineer, and any other head of a department, by resolutions duly enacted by the city council. The compensation of all other city employees shall be fixed by motion of the council. All claims for fees, salaries, and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the council, the city clerk shall certify all such claims or portions allowed, as the case may be, to the mayor, who shall draw a warrant upon the treasurer, and the same shall be paid by him. On paying any warrant, the treasurer shall write or stamp across the fact thereof, in red ink, the word Redeemed, with the date of such redemption, and sign his name thereto officially, and the warrant so canceled shall be a sufficient voucher for the treasurer in his settlement with the council, which shall take place annually, on the third Monday of December of each year; provided, the council shall have the power at any time to require a statement and settlement with said treasurer.
Sec. 14.01. No debts shall be created directly or indirectly against the city, nor shall any contract for supplies, water, gas, electric light or any supplies for the city, or any contract whatever, made by or on behalf of the city, be valid for any amount exceeding the revenue for the year in which the contract is made, with which to meet the same, except as otherwise provided in this charter.
κ1949 Statutes of Nevada, Page 403 (CHAPTER 180, AB 155)κ
the year in which the contract is made, with which to meet the same, except as otherwise provided in this charter.
Sec. 14.02. All money now in the possession or under the control of the treasurer of Washoe County, or which may hereafter come into his possession or under his control, belonging to the town of Sparks, is hereby transferred to the Sparks general fund and made subject to the provisions of this charter, and all outstanding bonds or indebtedness, if any, of the town of Sparks, shall be transferred and applied to and be binding upon the city of Sparks, in like manner and with the same effect to all intents and purposes, as if said bonds or indebtedness, if any, had been originally issued or contracted by said city.
Sec. 14.03. A contested election for any city office must be determined according to the law of the state regulating proceedings in contested elections in county offices.
Sec. 14.04. No ordinance, order, or resolution of the council, having for its object or effect, directly or indirectly, the increasing of the salary or compensation of any officer of or person employed under the city government, in excess of the maximum amount as herein provided for, shall be valid or effective for any purpose or purposes whatsoever; provided, the council may, in the exercise of its sound discretion, decrease the salaries or compensation of the members thereof, or of any officer of the city, whether elective or appointive, and such decrease shall take effect immediately; provided further, that no such decrease shall apply to or affect the then incumbent in the office of mayor.
Sec. 14.05. Any willful misconduct in office, or any willful violation of any of the provisions of this charter, or of the provisions of any ordinance, or any willful failure to comply therewith by any officer of the city, whether elective or appointive, shall be deemed malfeasance in office, and any person guilty thereof shall be proceeded against in the same manner as prescribed by the laws of the state, relative to proceedings and prosecutions against district, county and township officers, for misconduct in office, and any person found guilty shall forever after be disqualified to hold any office under said city government.
Sec. 14.06. This act shall be deemed a public act and may be read in evidence without further proof, and judicial notice shall be taken thereof in all courts and places.
Sec. 14.07. The word charter, wherever and whenever the same occurs herein, is intended to and does mean, and shall be construed to be the same as and synonymous with, the word act.
Sec. 14.08. Ordinances adopted and passed by the council shall not supersede the general laws of the state with respect to their operation within said city, unless it be so expressly declared in such ordinance.
Sec. 14.09. All officers of the city, whether elective or appointive, shall take and subscribe to the official oath of office.
ARTICLE XV
Municipal Bonds and Franchises
Sec. 15. The city shall have the power to acquire and purchase water, light, gas, and power systems and any public utility, and to hold, manage and operate the same when acquired, for the public use and benefit of the people of the city.
κ1949 Statutes of Nevada, Page 404 (CHAPTER 180, AB 155)κ
hold, manage and operate the same when acquired, for the public use and benefit of the people of the city. The council, when deemed advisable, shall submit a proper resolution and the same may be voted upon by the people in all respects as provided herein for special elections.
Sec. 15.01. The council shall have the power by ordinance to grant any franchise or create any city or municipal bonded indebtedness but no ordinance for such purpose or purposes shall be valid or effective for any purpose unless the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed bonded indebtedness, the terms, amount, rate of interest, and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time, and conditions of the proposed franchise, as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the two weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the bonds, or the granting of the franchise, as the case may be; provided, that such bonds shall be issued or municipal indebtedness created, or franchise granted, as the case may be, only on the same terms and conditions in all respects as expressed in the resolution as published; otherwise such ordinance shall be null and void; and provided further, that the council shall dispose of said bonds or franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city.
Sec. 15.02. The ordinance passed, as in the preceding section provided for, shall be valid to all intents and purposes as other ordinances fully and legally passed by the council, and any municipal bonded indebtedness created, bonds issued, or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within twelve days from the date of the first publication of the resolution mentioned in the preceding section, a petition signed by not less than one hundred residents and taxpayers in said city, representing not less than one-tenth of the taxable property of said city, according to the next preceding assessment roll, shall be presented to the council, praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the council to call a special election as soon as practicable; and notice shall be given in some newspaper published in the city or county, which notice shall refer to the resolution hereinbefore mentioned; and the notice shall be published at least three (3) times during the period of the two weeks preceding such election. The council shall in due time make provision for holding such special election, and the city clerk shall prepare, at the expense of the city, suitably printed stationery for use as ballots. All elections to determine the issuance or nonissuance of bonds shall conform to the requirements of chapter 70 of the 1937 Statutes of Nevada as said chapter is or may be amended.
κ1949 Statutes of Nevada, Page 405 (CHAPTER 180, AB 155)κ
ARTICLE XVI
Elections
Sec. 16. The first municipal election in said city shall be held on the first Tuesday after the first Monday in May 1905, and on the same day every four years thereafter, at which time there shall be elected one mayor, one city clerk, and one city attorney by the qualified electors of said city at large; and five councilmen, as hereinbefore provided, each of whom shall be elected by the qualified electors residing in their respective wards. All elections held under this charter shall be governed by the provisions of the general election laws of the state so far as the same can be made applicable. The conduct and carrying on of all city elections, except the first, shall be under the control of the council, and they shall, by ordinance, provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things necessary to carry the same into effect.
Sec. 16.01. All persons who reside within the exterior boundaries of said city at the time of holding any city election, and whose names appear upon the official register of voters in and for Sparks election precinct as qualified voters at the last preceding general election, shall have the right to vote at each city election and for all officers to be voted for thereat; provided, that nothing herein shall be construed so as to deny or abridge the power of the council to provide for a supplemental registration as in this charter elsewhere provided.
Sec. 16.02. The election returns from any city or special election shall be filed with the city clerk, who shall immediately place them in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the mayor and council. The mayor and council shall meet within five days after any city election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the city clerk for six months, and no person shall have access thereto, except on order of a court of general jurisdiction, or by resolution of the council. The city clerk, under his hand and the official seal, shall issue a certificate of election, in accordance with the result as declared by the council, to each person declared to be elected. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the council next succeeding that in which returns were made and canvassed as above provided. Each officer elected under this charter shall serve for the term for which he was elected and until his successor shall have been duly elected and qualified.
Sec. 16.03. All acts or orders of the board of county commissioners of Washoe County, Nevada, heretofore made or done in granting rights of way, privileges or franchise to J. E. Humphrey, John N. Evans, C. E. Clough, George W. Robinson, and John A. Moynihan, their successors or assigns, for the laying of water pipes in and through the public highways, streets, or alleys of the town of Sparks, for the purpose of conducting water for domestic and other uses, and to supply the inhabitants of said town with water, and all acts or orders of said board heretofore made in granting rights of way, privileges, or franchise to H.
κ1949 Statutes of Nevada, Page 406 (CHAPTER 180, AB 155)κ
board heretofore made in granting rights of way, privileges, or franchise to H. E. Reid, H. J. Gosse, H. J. Darling, and S. H. Wheeler, their successors or assigns, for constructing, maintaining or operating a street railway upon and over said highways, and being within the limits of that portion of Washoe County embraced within the territory hereinbefore described as constituting the corporate limits of the city of Sparks, are hereby sanctioned, ratified, approved and confirmed.
Sec. 16.04. Nothing herein contained shall be construed to limit the authority of the city council in the exercise of its sound discretion, by resolution duly passed, from combining or consolidating the appointive officers herein provided for, from assigning new duties to the appointive officers and employees herein mentioned, nor prohibit the city council from fixing the salaries or compensation provided for such officers and employees, in payment for such service as may be assigned them. Nor shall anything herein contained by construed to limit the powers of the city council, by resolution duly passed, from assigning any additional duties to the elective officers herein mentioned, and fixing a compensation therefor.
Sec. 16.05. If any section, subsection, sentence, clause, or phrase of this act is by any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this act. The state legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause and phrase thereof irrespective of the section, subsection, sentence, clause and phrase or phrases which may be deemed invalid or unconstitutional.
Sec. 16.06. All acts and parts of acts in conflict or inconsistent with the provisions of this act are hereby repealed.
________
Assembly Bill No. 98Committee on Roads and Highways.
CHAPTER 181
AN ACT to amend an act entitled An act providing for semimonthly pay days for state officers and employees, approved March 31, 1941.
[Approved March 28, 1949]
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 N. C. L. 1929, 1931-1941 Supp., section 7576, is hereby amended to read as follows:
Section 1. Notwithstanding any present law of this state to the contrary, all state and county officers and regular employees of this state and its counties, except as elsewhere provided in this section, shall be paid their salaries as fixed by law in two equal semimonthly payments, the first of which semimonthly payment for each month shall be the first half of that particular month, and the second of which shall be for the last half of said month; provided, however, that the first half of said monthly salary shall not be paid before the fifteenth day of that month and the second half thereof before the last day of that month [.]
κ1949 Statutes of Nevada, Page 407 (CHAPTER 181, AB 98)κ
for the last half of said month; provided, however, that the first half of said monthly salary shall not be paid before the fifteenth day of that month and the second half thereof before the last day of that month [.] ; provided further, that state agencies or departments may be permitted to pay salaries, within the limits fixed by law, at regular two week intervals when it shall be established to the satisfaction of the governor that such a method of payment will expedite and assist the work of the agency or department without inconvenience to other agencies or departments.
Sec. 2. All acts and parts of acts insofar as they are inconsistent herewith are hereby repealed.
Sec. 3. This act shall become effective immediately from and after July 1, 1949.
________
Assembly Bill No. 131Mr. Folsom.
CHAPTER 182
AN ACT to amend an act entitled An act to provide educational facilities for the children in the state orphans home, and other matters properly connected therewith, approved March 20, 1911, as amended.
[Approved March 28, 1949]
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 section 7599, N. C. L. 1929, as amended by chapter 133, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 1. The children residing at the state orphans home shall be included in the school census of Carson City school district, and in consideration of the allowance of [seven thousand five hundred ($7,500)] twelve thousand ($12,000) dollars which is hereby appropriated from any moneys in the state treasury not otherwise appropriated for the biennium ending June 30, [1949] 1951, paid out of the general fund of the state treasury, the children of the state orphans home shall be entitled to attend, and shall attend, the Carson City public schools, and to receive therein the full attention, protection, and instruction accorded to any other children, all of which shall be of standard character approved by the state board of education.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 408κ
Assembly Bill No. 337Committee on Ways and Means.
CHAPTER 183
AN ACT making an appropriation for the old-age assistance fund for the biennium ending June 30, 1951.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There shall be transferred from the general fund of the State of Nevada to the old-age assistance fund not more than five hundred fifteen thousand ($515,000) dollars, as in this act provided, Said amount shall be transferred as needed to provide the states share of old-age assistance payments to the recipients of benefits as provided by law. The amount hereinabove stated shall be in addition to any balances in the said old-age assistance fund on July 1, 1949, or accruing from direct taxes heretofore levied. There shall also be transferred as needed not more than one hundred forty-six thousand one hundred seventy ($146,170) dollars, to be expended for the states share of administration of old-age assistance, as provided by law.
Sec. 2. For the purpose of making the transfers mentioned in section 1 of this act, and for the biennium ending June 30, 1951, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of six hundred sixty-one thousand one hundred seventy ($661,170) dollars.
________
Assembly Bill No. 357Mr. Capurro.
CHAPTER 184
AN ACT requiring further duties of the board of commissioners of the Nevada hospital for mental diseases.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law, it is hereby made the specific duty of the board of commissioners of the Nevada hospital for mental diseases to abolish the use of any cemeteries now located on the hospital grounds. It is further made the specific duty of said board to provide a decent burial for any inmate or patient who dies while such an inmate, at any cemetery without the hospital grounds, and in so doing, the said board of commissioners is authorized to enter into a contract with any person or persons, including governmental agencies or instrumentalities, as it deems proper, for such a decent burial, or it may provide for any sort of an arrangement under the operating head of the hospital. The cost of such burial, where there are known relatives, shall be borne by such relatives, and where there are no known relatives, the cost of such burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place.
κ1949 Statutes of Nevada, Page 409 (CHAPTER 184, AB 357)κ
where there are no known relatives, the cost of such burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place. When any person who is an inmate of said hospital dies while such inmate, any known relatives or friends of such person shall be notified immediately of the fact of death, and in the event there is no known relative or friend of such inmate, notice shall be given by publication for one insertion in a newspaper to be chosen by said board of commissioners for such purpose. The board of commissioners is specifically charged with the duty of giving such notification and may delegate such duty to the superintendent.
Sec. 2. The board of commissioners of the Nevada hospital for mental diseases shall appoint some one person, either the resident physician, the resident assistant physician, or the business manager of such hospital as the superintendent of the Nevada hospital for mental diseases, and shall designate by rules the duties and regulations of said superintendent.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 159Committee on State Library.
CHAPTER 185
AN ACT to amend an act entitled An act to provide a uniform fee bill for the office of secretary of state, approved March 10, 1933.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being section 7421.02 Nevada Compiled Laws, 1929, 1931-1941 Supplement, is hereby amended to read as follows:
Section 2. For a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, [twenty] twenty-five cents per folio; for certifying to any such copy and use of state seal, five dollars for each impression; for filing and recording trade-marks and names, [ten] twenty-five dollars; to each passport or other document signed by the governor and attested by the secretary of state, ten dollars; for each commission as notary public, [ten] twenty-five dollars; for each commission as commissioner of deeds, [ten] twenty-five dollars; for filing power of attorney, [five] ten dollars; for searching records and archives of the state and other records and documents kept in his office he shall charge a reasonable fee. [For each certificate of qualification issued to a surety company, five dollars; for filing and indexing certificate of mortgage or discharge of mortgage on livestock, vehicles and other migratory property, fifty cents.]
κ1949 Statutes of Nevada, Page 410 (CHAPTER 185, AB 159)κ
The secretary of state is required to collect the fees above specified in all cases, whether the services rendered are to a person, firm, corporation or association, and pay the same into the state treasury for the use and benefit of the [library] general fund; provided, however, that the secretary of state shall neither charge nor collect any filing or other fees for services by him rendered to the State of Nevada, or any county, city, or town thereof, or any officer thereof in his official capacity or respecting his office or official duties, or for attesting extradition papers or executive warrants for other states, and no charge shall be made for, or in connection with, any other commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after July 1, 1949.
________
Assembly Bill No. 91Mr. Fuetsch.
CHAPTER 186
AN ACT to amend an act entitled An act to require the registration of motor vehicles, trailers, and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers, and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a Motor Vehicle Fund, and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith, approved March 27, 1931, as amended.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 30 of the above-entitled act, being section 4435.29 N. C. L., 1931-1941 Supplement, is hereby amended to read as follows:
Section 30. (a) 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 act in such motor vehicle fund.
(b) There is hereby appropriated out of such fund the sum of fifty cents for each motor vehicle registered by the department, and out of such appropriation the department shall pay each and every item of expense which may be properly charged against the department, including the salaries of the clerks employed in said department who shall be paid in accordance with section 7562 Nevada Compiled Laws 1929, as amended by chapter 121, Statutes of Nevada 1931; all claims for such expenses and salaries shall be certified to the board of examiners and paid as other claims against the state are paid.
κ1949 Statutes of Nevada, Page 411 (CHAPTER 186, AB 91)κ
expense which may be properly charged against the department, including the salaries of the clerks employed in said department who shall be paid in accordance with section 7562 Nevada Compiled Laws 1929, as amended by chapter 121, Statutes of Nevada 1931; all claims for such expenses and salaries shall be certified to the board of examiners and paid as other claims against the state are paid.
(c) In addition to the foregoing the department will, at the end of the year, certify claims to the board of examiners in favor of each and every county of the state to the amount of [twenty-five cents] one dollar for each and every registration issued in that county; the amount [to] shall be placed in a special fund by the treasurer [;] and said fund [to] shall be applied to the payment of expenses incurred by the assessor in carrying out the provisions of this act, to be paid as all other claims against the county are paid.
(d) To meet the requirements of the Nevada Highway Bond Redemption Fund, as defined by section 6 of an act entitled An act authorizing the board of examiners to issue and sell bonds to provide money to pay a portion of the cost of constructing a state highway system, and providing for the payment of said bonds, approved March 28, 1919, and all subsequent acts relating thereto, the state controller is hereby authorized and directed to make the necessary transfer.
(e) 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.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 339Committee on Ways and Means.
CHAPTER 187
AN ACT making an appropriation for the state board of control.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of fifty-eight thousand ($58,000) dollars, for the biennium ending June 30, 1951, to be expended by the state board of control for the purpose of carrying out the provisions of chapter 116, Statutes of Nevada 1941.
________
κ1949 Statutes of Nevada, Page 412κ
Assembly Bill No. 184Mr. Primeaux.
CHAPTER 188
AN ACT to amend an act entitled An act concerning the resignation of justices of the supreme court and judges of the district courts within the State of Nevada, and providing for a pension for the same, and the manner of payment thereof, approved March 23, 1937.
[Approved March 28, 1949]
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 section 4881.01, 1929 N. C. L., 1941 Supp., as amended by chapter 106, 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 1. Any justice of the supreme court or any judge of the district court within the State of Nevada who has served as a justice or judge in any one or more of said courts for a period or periods aggregating twenty (20) years, and shall have ended such service, shall after such service of twenty years, and after reaching the age of [sixty-five (65)] sixty (60) years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his or her life, so long as he or she remains a resident of Nevada, a sum of money equal in amount to two-thirds (2/3) the sum received as salary for his or her judicial services during the last year thereof payable in monthly installments, out of any fund in the state treasury not otherwise appropriated.
Any justice of the supreme court or any judge of a district court of the State of Nevada who has served as a justice or judge in any one or more of said courts for a period or periods aggregating [sixteen (16)] fifteen (15) years and shall have ended such service, shall, after such service of [sixteen (16)] fifteen (15) years, and after reaching the age of [sixty-five (65)] sixty (60) years, be entitled to and shall receive annually from the State of Nevada as a pension during the remainder of his or her life, so long as he or she remains a resident of Nevada, a sum of money equal in amount to one-third (1/3) the sum received as salary for his or her judicial services during the last year thereof, payable in monthly installments, out of any fund in the state treasury not otherwise appropriated.
Sec. 2. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect immediately after its passage and approval.
________
κ1949 Statutes of Nevada, Page 413κ
Assembly Bill No. 345Mr. Claiborne.
CHAPTER 189
AN ACT to provide an appropriation for the general support of the office of the clerk of the state supreme court.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any moneys in the state treasury, not otherwise appropriated, the sum of three hundred ($300) dollars for office supplies and expenses for use in the office of the clerk of the supreme court for the remainder of the fiscal year ending June 30, 1949.
Sec. 2. This act shall be in effect upon its passage and approval.
________
Assembly Bill No. 340Committee on Ways and Means.
CHAPTER 190
AN ACT making an appropriation for the administration of the liquor tax act, being chapter 160, Statutes of Nevada 1935, as amended, and the cigarette tax act, being chapter 192, Statutes of Nevada 1947, as amended.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of forty-six thousand four hundred ten ($46,410) dollars, for the biennium ending June 30, 1951, to be expended by the Nevada tax commission for the purpose of carrying out the provisions of the liquor tax act, being chapter 160, Statutes of Nevada 1935, as amended, and the cigarette tax act, being chapter 192, Statutes of Nevada 1947, as amended, allocated as follows:
Salaries ........................................................................................................ $21,680
Travel ........................................................................................................... 4,900
Supplies and miscellaneous....................................................................... 18,830
Equipment ................................................................................................... 1,000
_________
Total ............................................................................................................. $46,410
Sec. 2. This act shall be in full force and effect from and after July 1, 1949.
________
κ1949 Statutes of Nevada, Page 414κ
Assembly Bill No. 282Mr. Harmon. (By Request)
CHAPTER 191
AN ACT to appropriate money for the support of the state planning board as created by chapter 102, Statutes of Nevada 1937, as amended; providing for the expenditure of said appropriation, and other matters relating thereto.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For carrying out the duties and obligations of the state planning board, as created by chapter 102, Statutes of Nevada 1937, as amended by chapter 81, Statutes of Nevada 1947, and to pay the compensation of the necessary personnel and assistants as provided for in said acts, and their necessary traveling expenses, and other necessary expenses as provided by law, for the biennium ending June 30, 1951, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of five thousand dollars ($5,000).
All moneys appropriated under this act shall be placed in the state planning board fund of the state treasury and made available until expended, and disbursements for the purposes of this act shall be made upon claims duly filed, audited, and allowed in the same manner as other claims against the state are paid.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 270Mr. Burke.
CHAPTER 192
AN ACT to provide an additional and supplemental appropriation for office and telephone expense of the office of the governor.
[Approved March 28, 1949]
Whereas, The development of the state and the attendant increase in the complexity of governmental problems has resulted in increased and new gubernatorial obligations and duties; and
Whereas, The imminence of a special session of the Nevada legislature in the spring of 1948, the negotiations relative to the acquisition of the Basic magnesium project by the State of Nevada, the governmental business relative to the Nevada national guard and the selective service, and the recent livestock emergency precipitated by unprecedented winter weather, all contributed to unforeseeable and unusual telephone and telegraph expense in the office of the governor; and
κ1949 Statutes of Nevada, Page 415 (CHAPTER 192, AB 270)κ
Whereas, There has been a general increase in business transacted in the office of the governor; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund the sum of eight hundred dollars ($800) for additional support of the office of the governor, apportioned to the payment of office expense and incidentals for the biennium ending June 30, 1949.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 254Mr. Embry. (By Request)
CHAPTER 193
AN ACT authorizing and directing the state controller and the state treasurer of the State of Nevada to transfer certain sums from a specified item in the Nevada state police fund to other specified items in said fund.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of section 57 of chapter 278, Statutes of Nevada 1947, being the act making appropriations for the support of the civil government of the State of Nevada, for the fiscal years ending June 30, 1948-1949, the state controller and the state treasurer of the State of Nevada are hereby authorized and directed to transfer from the other salaries item of the state police fund, as appropriated and set apart in section 17 of the above-mentioned act, the sum of $6,277.65, and apportion said sum to the following items of said Nevada state police fund, as follows: to the salary of superintendent item, $127.65; to extra clerical item, $850; to the office supply and expense item, $300; to the equipment item, $5,000. The state controller and the state treasurer of the State of Nevada are further authorized and directed to transfer from the traveling expense item of the Nevada state police fund, as appropriated and set apart in section 17 of the above-mentioned act the sum of $3,000, and apportion said sum to the equipment item.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
κ1949 Statutes of Nevada, Page 416κ
Assembly Bill No. 374Committee on Ways and Means.
CHAPTER 194
AN ACT making an appropriation to pay the salary of the superintendent of the Nevada state police for official and ex officio services for the biennium commencing July 1, 1949.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of nine thousand ($9,000) dollars to pay the salary of the superintendent of the Nevada state police for all official and ex officio services required of or rendered by him during the biennium commencing July 1, 1949.
________
Senate Bill No. 202Committee on Public Morals.
CHAPTER 195
AN ACT to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof and repealing all acts in conflict therewith.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any person, or any firm, association or corporation engaged in, formed for, or desiring to engage in the business of racing, breeding or improving the breed of horses, may conduct race meetings of not more than thirty days duration, subject to the provisions of this act. At such meetings such person, firm, association or corporation, or the owners of the horses engaged in such races, or others who are not participants in the racing, may contribute purses, prizes, premiums, or stakes to be contested for, but no other person or persons shall have any pecuniary interest in the purse, prize, premium, or stakes contested for or receive any portion thereof after the race is completed; and the whole of such purse, prize, premium, or stakes shall be allotted in accordance with the terms and conditions of such race.
Sec. 2. A state racing commission is hereby established to consist of three persons to be appointed by the governor. The members of said commission shall hold office for a term of four years and until their successors are duly appointed; provided, that the members of the racing commission in office when this act shall take effect shall continue to hold office for the terms for which they were appointed. In the event of a vacancy occurring in said board, the governor shall appoint a suitable person to fill the unexpired term.
κ1949 Statutes of Nevada, Page 417 (CHAPTER 195, SB 202)κ
Sec. 3. Such commission shall appoint a secretary who shall serve during its pleasure, whose duty it shall be to keep a record of its proceedings, and preserve all records and documents, and perform such other duties as the commission may prescribe. The commission shall biennially make a full report to the governor of its proceedings for the two-year period ending with the first day of January preceding the meeting of the legislature, and shall embody therein such suggestions and recommendations as it shall deem desirable.
Sec. 4. No person, firm, association or corporation shall conduct a race meeting in this state without first having obtained a permit from the commission, nor shall such meeting be conducted except in compliance with the provisions of the laws of the state and such reasonable rules and regulations prescribed by the commission, and at such time and place designated in the permit. The commission shall have the power to revoke, modify or suspend such permit or to refuse to issue the same, if it has reasonable cause to believe that the public interest can best be served; provided, however, that reasons for such action is written in full in the records of the commission and that the records are open for inspection at all reasonable times. The action of the commission in revoking, modifying, suspending or refusing to issue a permit as requested by an applicant is subject to review by the courts of this state.
Sec. 5. Every race meeting held or conducted, except as allowed by this act, is hereby declared to be a public nuisance, and every person acting or aiding therein shall be deemed guilty of a misdemeanor and punished by a fine of not less than five hundred dollars nor more than one thousand dollars for each day of such meeting and racing; and a restraining order may issue against any proposed unauthorized race meeting at the suit of the state racing commission.
Sec. 6. The provisions of this act shall not apply to race meetings conducted by any state fair association, state or county agricultural society, county fair, or any other association to which state or county aid is given, or any organization of veterans duly accredited as such organization by charter granted by the Congress of the United States, or any subordinate department, camps, posts, chapter or detachment of such duly accredited veterans organization, and no such state fair association shall hold a race meeting for a period of more than twelve days in any one year; and no such agricultural society, county fair, or other association to which state or county aid is given shall hold a race meeting for a period of more than six days in any one year.
Sec. 7. Any person, firm, association or corporation desiring to conduct pari mutuel betting in conjunction with a horse race meet, shall, after obtaining a permit from the state racing commission, apply to the Nevada tax commission for a license in conformity with the gambling laws of this state and the rules and regulations of the Nevada tax commission.
Sec. 8. It shall be unlawful for any person to persons to bribe, influence, or have any understanding or connivance with any jockey, trainer, owner, groom, or anyone connected with any of the stables, horses, racing, or races at any race meeting, and anyone violating this provision shall be guilty of a felony and upon conviction shall be imprisoned in the state prison for a period of not less than three years or more than ten years.
κ1949 Statutes of Nevada, Page 418 (CHAPTER 195, SB 202)κ
horses, racing, or races at any race meeting, and anyone violating this provision shall be guilty of a felony and upon conviction shall be imprisoned in the state prison for a period of not less than three years or more than ten years.
Sec. 9. An act entitled An act to regulate the racing of horses in the State of Nevada, and to establish a state racing commission, and to define its powers and duties, and prescribing a penalty for violation thereof, approved February 20, 1915, the same being sections 6215-6224, N. C. L. 1929, as amended, and all acts or parts of acts in conflict herewith are hereby repealed.
Sec. 10. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 163Committee on Judiciary.
CHAPTER 196
AN ACT to amend an act entitled An act to provide for the service of process upon nonresidents in actions or proceedings against such nonresidents growing out of any accident or collision in which such nonresident may be involved while operating a motor vehicle upon the public highways of this state, approved March 10, 1937.
[Approved March 28, 1949]
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 section 4441.01, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 1. [The acceptance by a nonresident of the State of Nevada of the rights and privileges conferred by the laws of the State of Nevada upon nonresidents in the operation of motor vehicles upon the public highways of the State of Nevada, as evidenced by his operating a motor vehicle thereunder, or the operation by a nonresident of a motor vehicle upon a public highway in the State of Nevada other than under said laws, shall be deemed equivalent to an appointment by such nonresident of the secretary of state of the State of Nevada, or his successor in office, to be his true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against him, growing out of any accident or collision in which said nonresident may be involved while operating a motor vehicle on such public highway, and said acceptance 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 effect as if served on him personally within the State of Nevada.] The use and operation by a nonresident of a motor vehicle over the roads, streets or highways in the State of Nevada, shall be deemed an appointment by such nonresident of the secretary of state, 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 said 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.
κ1949 Statutes of Nevada, Page 419 (CHAPTER 196, SB 163)κ
property, and said 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.
Service of such process shall be made by leaving a copy of the process with a fee of two dollars ($2) in the hands of the secretary of state, or in his office, and such service shall be sufficient service upon the said nonresident; provided, that notice of such service and a copy of the process are forthwith sent by registered mail by the plaintiff to the defendant, and the defendants return receipt and the plaintiffs affidavit of compliance herewith are appended 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 said 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 said mailing, and that said 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.
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.
Sec. 2. This act shall take effect immediately upon its passage and approval.
________
Senate Bill No. 79Senator Johnson.
CHAPTER 197
AN ACT to amend an act entitled An act to provide for the publication of the decisions of the supreme court of the State of Nevada and such other official advertising as is required by the state, approved March 29, 1907, as amended.
[Approved March 28, 1949]
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 1929 N. C. L., section 6953, as amended by chapter 168, Statutes of Nevada 1931, as further amended by section 1 of chapter 176, Statutes of Nevada 1939, is hereby amended to read as follows:
Section 1. The state board of examiners of the State of Nevada shall, within ten days after the approval of this act, select two newspapers, published at the capital, in which all advertising required by the state shall be published, including the decisions of the supreme court; provided that the [expense] cost to the State of Nevada of such publications shall [not be less than the sum of three hundred ($300) dollars per month] be at the rate of ten (10) cents per agate line for the first insertion and five cents per agate line for subsequent insertions, the total cost not to exceed thirty-six hundred dollars ($3,600) in any one year; and provided, that the state board of examiners shall apportion the said publications as nearly equal as may be; provided, such decisions of the supreme court must be published within [ten] fourteen (14) days not including the day of delivery after such decision shall have been furnished the publisher by the clerk of the court, each decision to be published in its entirety in a single issue of the paper, and within two days thereafter the publisher shall furnish the clerk of the court with four hundred copies of the paper for distribution to the legal fraternity of this state, said [sums] costs of publication to be paid monthly out of the general fund.
κ1949 Statutes of Nevada, Page 420 (CHAPTER 197, SB 79)κ
any one year; and provided, that the state board of examiners shall apportion the said publications as nearly equal as may be; provided, such decisions of the supreme court must be published within [ten] fourteen (14) days not including the day of delivery after such decision shall have been furnished the publisher by the clerk of the court, each decision to be published in its entirety in a single issue of the paper, and within two days thereafter the publisher shall furnish the clerk of the court with four hundred copies of the paper for distribution to the legal fraternity of this state, said [sums] costs of publication to be paid monthly out of the general fund. At the time of delivering the copy of any decision to any publisher pursuant to the provisions of this act, which shall be immediately after said decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of such delivery, the title and number of the case, and the name of the publication in which said decision is to be printed. All opinions thus delivered shall be published within [ten] fourteen days [from] not including the date of the delivery thereof, as evidenced by the receipt herein provided for. The state controller, before delivering any warrant for the payment of any money in compensation for the publication of decisions of the supreme court, shall require a certificate to be filed in the office of said controller by the clerk of the supreme court, setting forth under oath that the decisions of the supreme court, designating each of the same by the number of the case, have been published as required by this act and that each of said decisions has been published within the time as herein specified; provided, however, that for good cause shown, upon the affidavit of the publisher to whom the publication of supreme court decisions has been by the board of examiners awarded, the chief justice of the supreme court may extend the time within which such decision or any decision or decisions may be published; and where such extension of time is granted, notice of such order shall appear in the certificate of the clerk of the supreme court herein provided to be filed with the state controller; provided further, that if during any month no decisions or opinions are filed by the supreme court the certificate from the clerk of the court shall state such fact, and such certificate shall be sufficient to authorize the state controller to issue the warrant for that month.
Sec. 1.5. All state claims allowed by the state board of examiners or other state boards and paid for by the state controller or other state boards shall be published within thirty (30) days from the date said claims are allowed by said state board of examiners or other state boards. The state controller or other state boards before making payment of the expenses of publication shall satisfy themselves that the publication of said state claims has been made within said thirty (30) days from date said claims were allowed.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 421κ
Senate Bill No. 105Committee on Finance.
CHAPTER 198
AN ACT to amend an act entitled An act creating and defining certain duties and powers of the state bank examiner, authorizing him to fill certain positions, and other matters connected therewith, and repealing all acts and parts of acts in conflict herewith, approved March 29, 1927, as amended.
[Approved March 28, 1949]
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 section 728 Nevada Compiled Laws 1929, as amended by chapter 212, Statutes of Nevada 1947, is hereby amended to read as follows:
[Section 1. The state bank examiner of Nevada shall be ex officio state auditor. He shall perform all the duties of that office. That said state bank examiner shall supersede-
1. The state auditor as defined and provided in that certain act entitled An act to provide for the appointment of a state auditor, fix his compensation, prescribe his duties, to inspect and audit public accounts and to establish a uniform system of public accounting, cost-keeping, and reporting, and matters relating thereto, and to repeal certain acts and parts of acts in conflict herewith, approved March 10, 1917, and all acts amendatory thereof and supplementary thereto.
The state bank examiner shall have all the powers and perform all the duties heretofore belonging to the state auditor, under and by virtue of the act above mentioned, which act, except as herein modified or amended, shall remain in full force and effect.]
Section 1. It shall be the duty of the state bank examiner, at least once in each calendar year, to make a thorough audit of the books and accounts of all county officials required by law to have and keep their offices at the county seats of the several counties in this state; copies of such reports relating to the accounts of the officers of the different counties shall be furnished by the state bank examiner to the governor, the state controller, and to the clerks of the boards of county commissioners of the several counties.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
κ1949 Statutes of Nevada, Page 422κ
Senate Bill No. 156Senator Baker.
CHAPTER 199
AN ACT to repeal an act entitled An act relating to toll roads and bridges in Nevada territory, approved February 18, 1864.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 5455 to 5446, 1929 N. C. L., is hereby repealed.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 164Senator Wilson.
CHAPTER 200
AN ACT to amend an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917, as amended.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 5320 to 5355, inclusive, 1929 Nevada Compiled Laws, as amended, is further amended by inserting therein a new section, numbered 7.5, and to immediately follow section 7, which shall read as follows:
Section 7.5. The state highway department is further authorized to enter into contracts and agreements with agencies of the federal government in matters concerning the construction, reconstruction, and maintenance of roads comprising a portion of the state highway system, when such portions of the state highway system enter upon or traverse lands under the ownership or control of such federal agency or agencies, and when federal moneys available for such construction, reconstruction, and maintenance have been appropriated under acts of Congress of the United States other than that 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.
Sec. 2. This act shall be effective immediately after its passage and approval.
________
κ1949 Statutes of Nevada, Page 423κ
Senate Bill No. 129Senator Budelman.
CHAPTER 201
AN ACT concerning the mentally ill of the state; providing for the admission of mentally ill persons to the Nevada hospital for mental diseases without being committed as insane; providing for the temporary commitment of dipsomaniacs and drug addicts; providing for the care and treatment of such patients at said hospital, and other matters relating thereto, and repealing chapter 257, Statutes of Nevada 1947.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The provisions of this act shall be liberally construed so that persons who are mentally disordered, but not dangerously mentally ill may, without being committed as an insane person, be admitted to the Nevada hospital for mental diseases to receive care and be restored to normal condition if possible. The act shall be construed as providing an additional, but not exclusive, procedure for the admission of mentally ill persons to said hospital. Nothing herein shall be construed as repealing any provision of law providing for the commitment of insane persons to the Nevada state hospital.
Sec. 2. The superintendent of the state hospital may admit to the hospital any person believed to be mentally ill and in need of supervision, care, or treatment, on application for his admission and certification of his mental illness made pursuant to this act, subject to general rules and regulations prescribed by the Nevada state hospital, but the superintendent shall not admit any person under this act if the person to be admitted, or any relative or friend acting in his behalf, protests against his admission to the superintendent either before or at the time of admission.
Sec. 3. Application for the admission of a person to the state hospital pursuant to this act shall be made by the district attorney of the county wherein such person resides. Any relative or friend of a person believed to be mentally ill and in need of supervision, care, or treatment may report that fact to the district attorney, together with the name and place of residence of the person. The district attorney may make or cause to be made such investigation as may be necessary to ascertain the facts. If he is satisfied that admission to the state hospital under this act will be for the best interest of the person he may make the application to the state hospital. Proceedings under this act shall be stopped whenever the person believed to be mentally ill or any relative or friend acting in his behalf protests against such proceedings to the investigating officer or to the examining physicians.
Sec. 4. Each such application shall be accompanied by certificates, dated not more than seven (7) days prior to the presentation of the application to the superintendent, by each of two physicians certifying that he has examined the person within three (3) days of the date of the certificate and believes the person to be mentally ill and in need of supervision, care, or treatment.
κ1949 Statutes of Nevada, Page 424 (CHAPTER 201, SB 129)κ
Sec. 5. The board of commissioners of the Nevada state hospital shall prescribe and publish instructions and forms of application, physicians certificates of mental illness, and all other documents provided for in this article, and may include in them such questions as it deems necessary or useful. Such instructions and forms may be furnished to the district attorneys of the several counties in the state and to any other person applying therefor.
Sec. 6. If the alleged mentally ill person or the person responsible for his maintenance and support is financially unable to pay the cost of obtaining the physicians certificates such cost shall be paid by the county in which the district attorney is employed; provided, that such district attorney shall have, prior to the employment of such examining physicians, approved such employment and that the cost of such physicians service for such allegedly mentally ill person shall not exceed the sum of ten dollars ($10).
Sec. 7. No person shall be delivered to the state hospital for admission thereto under this act until the application for his admission has been accepted by the superintendent of the hospital. The superintendent may refuse to accept any application or to admit any person to the hospital if he believes the person is not mentally ill nor in need of supervision, care or treatment, if there is no room for him in the hospital, or if his admission would violate any rule of the state hospital.
Sec. 8. Upon acceptance of the application by the superintendent of the hospital, the person shall be delivered to the hospital within five (5) days under the direction of the district attorney. No female person shall be taken to the state hospital, except by a relative, without the attendance of some woman of good character and mature age. The application for admission and the accompanying certificates shall be delivered to the hospital before or at the time of the delivery of the person to the hospital.
Sec. 9. Any public officer or employee who transports or delivers or assists in transporting or delivering or detains or assists in detaining any person pursuant to this article shall not be rendered civilly or criminally liable thereby unless it be shown that such officers or employee acted maliciously or in bad faith or that his negligence resulted in bodily injury to such person.
Sec. 10. Within two days after the admission of a person to the state hospital pursuant to this act, the superintendent shall serve upon the district judge and the district attorney of the county wherein the application for the admission of such person to such hospital was made a written notice that such person had been received at such institution. Said notice shall be given by mailing. Said district attorney, in his discretion, may require a court hearing to determine whether or not such person is mentally ill.
Sec. 11. Except as expressly otherwise provided in this act, persons admitted to the state hospital pursuant to this act shall be entitled to the same rights and care, shall be subject to the same rules, and the liability for their support shall be the same, as if such persons had been duly committed thereto by a court of competent jurisdiction, and the laws governing the rights, care, property and support, transfer, leave of absence, parole, and discharge of mentally ill persons committed to the state hospital shall apply to persons admitted to the state hospital pursuant to this act the same as if such persons were expressly mentioned therein.
κ1949 Statutes of Nevada, Page 425 (CHAPTER 201, SB 129)κ
the laws governing the rights, care, property and support, transfer, leave of absence, parole, and discharge of mentally ill persons committed to the state hospital shall apply to persons admitted to the state hospital pursuant to this act the same as if such persons were expressly mentioned therein.
Sec. 12. At any time after the admission of a person to the state hospital pursuant to this act, the person, or any relative or friend in his behalf, may file with the superintendent of the hospital a written request for a court hearing to determine whether or not the person is mentally ill and in need of supervision, care, or treatment in the hospital.
Sec. 13. The board of commissioners shall make such rules and issue such instructions to hospital personnel as will insure the provision of facilities for making written demand for court hearing to every person admitted to the hospital pursuant to this act upon indication of his desire to make such request, and for the immediate transmission of every such request to the superintendent of the hospital. The state hospital shall provide blank forms of such requests for the use of such patients or relatives or friends acting in their behalf.
Sec. 14. Upon receipt of each written request for a court hearing, the superintendent of the hospital shall notify the district attorney who made the application for the admission of the person of the request. The superintendent shall immediately send the request for hearing to the district court of the county from which the application for the admission of the person was made, together with all the following:
(a) A true copy of the application for admission of the person to the hospital.
(b) A true copy of the certificates which accompanied the application.
(c) A report on and diagnosis of the mental condition of the person by the superintendent of the state hospital.
Sec. 15. The written request for court hearing, together with the documents specified in section 14, shall have the force and effect of a verified petition and of a demand for court hearing under the provisions of section 7 of the act concerning the insane of the state, and proceedings thereon shall be had as provided in that act. In such proceedings, however, the court may accept the report and diagnosis of the superintendent and medical staff of the state hospital in lieu of the appointment, certificates, and testimony of medical examiners.
Sec. 16. Pending the hearing, the person shall be detained in the state hospital. The superintendent may cause the person to be delivered by employees of the hospital to the court for the hearing.
Sec. 17. Whenever the superintendent of the state hospital to which a person has been admitted pursuant to this act is of the opinion that the person is no longer in need of supervision, care, or treatment in the hospital, he may release the person on leave of absence or discharge him.
Sec. 18. Nothing in this act limits the right of any person admitted to the state hospital pursuant to this act to a writ of habeas corpus upon a proper application made at any time by such person or a relative or friend on his behalf.
κ1949 Statutes of Nevada, Page 426 (CHAPTER 201, SB 129)κ
upon a proper application made at any time by such person or a relative or friend on his behalf.
Sec. 19. Pursuant to rules and regulations established by the board of commissioners, the superintendent of the Nevada hospital for mental diseases may receive and detain in such hospital, as a boarder and patient, any person who is a suitable person for care and treatment in such hospital, upon receipt of a written application for the admission of the person into the hospital for care and treatment made in accordance with the following requirements:
(a) In the case of an adult person, the application shall be made voluntarily by the person, at a time when such person is in such condition of mind as to render such person competent to make it or in the case of a minor person, the application shall be made by his parent or by the parent, guardian, or the person entitled to the custody.
(b) The application shall be made to the board of commissioners and approved by the superintendent as to the suitability of the person for care and treatment at the hospital.
Any such person received and detained at the hospital shall be deemed a voluntary patient.
Sec. 20. Upon admission of a voluntary patient to the hospital, the superintendent shall immediately forward to the secretary of the board of commissioners the record of such voluntary patient, showing the name, residence, age, sex, place of birth, occupation, date of admission, and such other information as is required by the rules and regulations of the department.
Sec. 21. The weekly or monthly rate for the care, support and maintenance of such voluntary patients shall be determined by the superintendent of the hospital, with the approval of the board, and shall be payable in advance. In cases where there has been an advance payment under this section, and such advances or any part thereof should be refunded because of the death or discharge of the patient, such amount shall be paid by the board to the person who made payment, upon demand, and the amount refunded shall be itemized and the aggregate deducted from the amount to be paid into the state treasury from pay patients as provided by law.
Sec. 22. No person received into the hospital under such voluntary application shall be detained therein for more than seven (7) days after having given notice, in writing, to the board of commissioners or superintendent of such persons desire to leave the hospital.
admission of inebriates, dipsomaniacs, drug addicts
Sec. 23. It shall be the duty of the judge of the district court in each judicial district in this state, upon the application of any person under oath setting forth that any person, who is a resident of this state, is so far addicted to the intemperate use of stimulants as to have lost the power of self-control, or is subject to dipsomania or inebriety, or a person who habitually takes or otherwise uses any opium, morphine, cocaine or other narcotic drug, except when the taking or use is prescribed in the course of his professional practice only, by a physician licensed to practice medicine and surgery in this state, to cause said person to be brought before him at such time and place as he may direct.
κ1949 Statutes of Nevada, Page 427 (CHAPTER 201, SB 129)κ
prescribed in the course of his professional practice only, by a physician licensed to practice medicine and surgery in this state, to cause said person to be brought before him at such time and place as he may direct. Said judge may direct the clerk of the court to issue subpenas for the attendance of witnesses at the examination of said person, and such witnesses shall be paid their actual expenses caused by their attendance aforesaid, the amount of said expenses to be determined by said judge and paid out of county funds as he shall order.
Sec. 24. Whenever it appears by affidavit to the satisfaction of a magistrate of a county that any person is an inebriate, dipsomaniac or a drug addict, he shall deliver to some peace officer for service, a warrant directing that the person be apprehended and taken before a judge of the district court for a hearing and examination of such charge. The officer shall thereupon apprehend and detain the person until hearing and examination can be had. At the time of the apprehension a copy of the affidavit and warrant of apprehension shall be personally delivered to the person so charged.
Sec. 25. The person charged shall be taken before a judge of the district court, to whom the affidavit and warrant of apprehension shall be delivered to be filed with the clerk. The judge shall then inform him of his rights to make a defense to such charge and to produce witnesses thereto. The judge shall by order fix such time and place for the hearing and examination in open court as will give a reasonable opportunity for the production and examination of witnesses. Such witnesses shall be subpenaed and paid as provided in the hearing upon application. The judge may order that notice of the apprehension of the person and hearing of the charge be served on such relatives of the person known to be residing in the county as the court deems necessary or proper.
Sec. 26. If after a hearing and examination, the judge believes the person charged is an inebriate or dipsomaniac, or that such person is a drug addict, he shall make an order committing such person to the Nevada hospital for mental diseases for an indeterminate period of not less than six months nor more than one year; but no such order shall be made in respect to any person who has theretofore been committed to and has received treatment at said hospital unless there has been first filed with the court a written report of the superintendent of the hospital stating that the person is a suitable case for treatment at said hospital and if such report is not filed the person so charged shall forthwith be discharged by the court.
Sec. 27. At the hearing the court shall inquire into the financial condition of the person committed. If the court finds such person or any kindred in the degree of husband or wife, father or mother or children, of sufficient means and ability to provide for the care and treatment of such person, a further order shall be made requiring him or them to pay the expenses of the proceeding in connection with his commitment, and to pay to the hospital for his maintenance and treatment at the monthly rate therefor as fixed and determined by the superintendent of the hospital.
κ1949 Statutes of Nevada, Page 428 (CHAPTER 201, SB 129)κ
superintendent of the hospital. The superintendent shall report to the court any failure on the part of such persons to make such payments.
If the person so committed is unable to provide such payment, and has no property applicable for such purpose, and no kindred in the degree mentioned, the court shall cause said person to be conveyed to and cared for at the hospital at the expense of the state.
Sec. 28. Nothing in the foregoing sections shall be construed to conflict with the authority placed in the district judge upon pronouncing judgment upon any person for the violation of the provisions of section 8 of an act to regulate the sale and use of poisons in the State of Nevada, and providing a penalty for the violation thereof, approved March 24, 1913, as amended by chapter 79, Statutes of 1941, the same being section 5082, 1929 N. C. L., 1941 Supp.
Sec. 29. Chapter 257, Statutes of Nevada 1947, being an act concerning the mentally ill of the state; defining mentally ill persons and providing for their care and treatment at the Nevada hospital for mental diseases, approved March 31, 1947, is hereby repealed.
Sec. 30. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 130Senator Budelman.
CHAPTER 202
AN ACT to amend an act entitled An act concerning the insane of the state, creating a board of commissioners for the Nevada hospital for mental diseases, and providing for the care of the insane, approved April 1, 1947, as amended.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act is hereby amended by the addition of a new section to immediately follow section 7, being section 3511, 1929 N. C. L., 1941 Supp., to be known as section 7(a), and shall read as follows:
Section 7(a). In determining residence for the purpose of this act, a person who has lived continuously in this state for a period of one year who has not acquired a residence in another state by living continuously therein for at least one year subsequent to his residence in this state, shall be deemed to be a resident of this state. Time spent in a public institution or on parole therefrom shall not be counted in determining the matter of residence in this or another state.
Sec. 2. Section 19 of the above-entitled act, the same being section 3523, 1929 N. C. L., 1941 Supp., as amended by chapter 98, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 19. The superintendent of the state hospital may, with the approval of the board having supervision over said hospital, discharge any patient at any time; provided, however, said superintendent shall [, at the end of each quarter period of the year,] submit to the board of commissioners a list of all persons committed to his care as insane, who in his opinion have recovered their sanity, or are dotards and not insane, or are persons who in the judgment of the superintendent will not be detrimental to the public welfare, or injurious to themselves.
κ1949 Statutes of Nevada, Page 429 (CHAPTER 202, SB 130)κ
[, at the end of each quarter period of the year,] submit to the board of commissioners a list of all persons committed to his care as insane, who in his opinion have recovered their sanity, or are dotards and not insane, or are persons who in the judgment of the superintendent will not be detrimental to the public welfare, or injurious to themselves. The board of commissioners being satisfied with the recommendations of the superintendent, it shall direct that such patient or patients shall be discharged. No patient shall be discharged except upon ten days written notice being first given to the county clerk of the county from which such patient or patients were committed; provided, however, that nothing herein contained shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
A poor and indigent patient discharged by the superintendent because he is a dotard, not insane, shall be received by the authorities of the county having charge of the poor in the county from which he was committed if the discharge of such patient is approved by the board of commissioners, [for the care of the insane] and the cost of returning him to the county shall be a charge upon that county.
1. The superintendent may temporarily parole into the custody of any relative or friend or guardian who will be responsible for his conduct any patient who is not wholly recovered but whose parole, in the judgment of the superintendent, will not be detrimental to the public welfare, or injurious to the patient.
2. For the purpose of repatriation all nonresident patients who are confined in, admitted, or committed to the state hospital may be returned to the state in which they have legal residence. For the purpose of facilitating the return of such patients the superintendent may enter into reciprocal agreements, consistent with the provisions of this act, with the proper boards, commissioners or officers of other states for the mutual exchange of such patients confined in, admitted, or committed to a state hospital in one state whole legal residence is in the other, and may give written permission for the return and admission to the hospital of any resident of this state when such permission is conformable to the provisions of this act governing admissions to the Nevada state hospital.
3. All expenses incurred for the purposes of returning a patient to the state in which he has legal residence shall be paid from the funds of such patient or by the relatives or persons responsible for his care and treatment under his commitment or admission. The expense of the return of patients committed or admitted as indigents may be paid by the state. The expense of returning residents of this state to the Nevada state hospital shall not in any case be a charge against or paid by the State of Nevada.
4. The costs and expenses in returning such patients to the state in which they have residence, when assumed by the state shall be advanced from the funds appropriated for that purpose, or if necessary, from the money appropriated for the general support of the hospital upon claims as other claims against the state are paid.
κ1949 Statutes of Nevada, Page 430 (CHAPTER 202, SB 130)κ
5. The superintendent of the hospital with the approval of the board of commissioners of the hospital may contract with appropriate agencies of other states for the institutional care of patients found to be affected with active tuberculosis and who have been committed to the hospital under the provisions of this act.
The cost of such care in another state shall be paid by those made responsible for such patients care under the order of commitment. The out-of-state institutional care of such patients who are indigent and have no relatives responsible for their care shall be paid by the state out of funds appropriated for that purpose, or, if necessary, from the money appropriated for the general support of the hospital.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 85Committee on Judiciary.
CHAPTER 203
AN ACT to amend an act entitled An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941, as amended.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 3656 to 3656.166, Nevada Compiled Laws, 1941 Supplement, as amended by chapters 100, 147, 152, and 266, Statutes of Nevada 1947, is hereby amended by adding thereto new sections to be numbered sections 49A, 49B, 49C, 49D, 49E, 49F, 49G, 49H, and 49I which shall immediately follow section 49, being section 3656.48, Nevada Compiled Laws, 1941 Supplement, which new sections shall read as follows:
Section 49A. The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.
κ1949 Statutes of Nevada, Page 431 (CHAPTER 203, SB 85)κ
Section 49B. When used in this article person shall mean any individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, brokers and adjusters.
Section 49C. No person shall engage in this state in any trade practice which is defined in this article as, or determined pursuant to this article to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
Section 49D. The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:
(1) Making, issuing, circulating, or causing to be made, issued or circulated, any estimate, illustration, circular or statement making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or making any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates.
(2) Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.
(3) Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in, the business of insurance.
(4) Filing with any supervisory or other public official, or making, publishing, disseminating, circulating or delivering to any person, or placing before the public, or causing directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer with intent to deceive.
Making any false entry in any book, report or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, willfully omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.
(5) Any violation of any of the sections 45, 46, 81, 82 and 94.
Section 49E. If the commissioner has cause to believe that any person engaged in any unfair method of competition or act or practice defined in section 49D of this article, he shall order such person to cease and desist therefrom.
κ1949 Statutes of Nevada, Page 432 (CHAPTER 203, SB 85)κ
defined in section 49D of this article, he shall order such person to cease and desist therefrom. The commissioner shall deliver such order to such person directly or by registered mail, return receipt requested. If the person fails to comply therewith within 20 days after the cease and desist order is received by him and does not make written request for a hearing thereon within such time, he shall forfeit to the people of this state a sum not to exceed $250 for each violation committed thereafter, such penalty to be recovered by an action prosecuted by the commissioner.
Section 49F. If a hearing is requested, it shall be held by the commissioner upon at least 10 days written notice. After such hearing the commissioner shall reissue, modify, or withdraw his original cease and desist order, and serve it as provided herein for an original cease and desist order. Unless the order made after hearing is appealed as provided in section 49H, the penalty provided for in section 49E is applicable.
Section 49G. Any person affected by any cease and desist order made hereunder may, within 20 days after receipt in the case of a cease and desist order, obtain a review of such order by filing in the district court of Ormsby County, a written petition praying that the order be set aside and serving a copy thereof upon the commissioner. The court shall determine whether the filing of the petition shall operate to stay the order.
If the petitioner or the commissioner desires to adduce evidence additional to the record of the hearing held by the commissioner, the court shall hear the matter de novo, otherwise the court shall determine the matter upon the petition and the record made of the hearing by the commissioner.
Section 49H. (a) Whenever the commissioner shall have reason to believe that any person engaged in the business of insurance is engaging in this state in any method of competition or in any act or practice in the conduct of such business which is not defined in section 49D, that such method of competition is unfair or that such act or practice is unfair or deceptive, and that a proceeding by him in respect thereto would be to the interest of the public, he may issue and serve upon such person a statement of the charges in that respect and a notice of hearing thereon to be held at a time and place fixed in the notice, which shall not be less than twenty days after the date of the service thereof. Each such hearing shall be conducted in the same manner as the hearings provided for in section 49F. The commissioner shall, after such hearing, make a report in writing in which he shall state his findings as to the facts and he shall serve a copy thereof upon such person.
(b) If such report charges a violation of this article and if such method of competition, act, or practice has not been discontinued, the commissioner may, through the attorney general of this state, at any time after twenty days after the service of such report cause a petition to be filed in the district court of this state within the district wherein the person resides or has his principal place of business, to enjoin and restrain such person from engaging in such method, act, or practice.
κ1949 Statutes of Nevada, Page 433 (CHAPTER 203, SB 85)κ
restrain such person from engaging in such method, act, or practice. The court shall have jurisdiction of the proceeding and shall have power to make and enter appropriate orders in connection therewith and to issue such writs or orders as are ancillary to its jurisdiction or are necessary in its judgment to prevent injury to the public pendente lite.
(e) A transcript of the proceeding before the commissioner including all evidence taken and the reports and finding shall be filed with such petition. If either party shall apply to the court for leave to adduce additional evidence and shall show, to the satisfaction of the court, that such additional evidence is material and there were reasonable grounds for the failure to adduce such evidence in the proceeding before the commissioner, the court may order such additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The commissioner may modify his findings of fact or make new findings by reason of the additional evidence so taken; and he shall file such modified or new findings with the return of such additional evidence.
(d) If the court finds that the method of competition complained of is unfair, or that the act or practice complained of is unfair or deceptive, that the proceeding by the commissioner with respect thereto is to the interest of the public, and that the findings of the commissioner are supported by the weight of the evidence, it shall issue its order enjoining and restraining the continuance of such method of competition, act, or practice.
(e) Either party may appeal from such final judgment or order or decree of the court in a like manner as provided for appeals in civil cases.
Section 49I. The powers vested in the commissioner by this article, shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be unfair or deceptive.
________
Senate Bill No. 166Committee on Judiciary.
CHAPTER 204
AN ACT to amend an act entitled An act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate board, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 434 (CHAPTER 204, SB 166)κ
Section 6. A [board] commission is hereby created to be known as the Nevada [state] real estate [board] commission, hereinafter designated as the [board] commission. Said [board] commission shall consist of five members, four thereof shall be appointed by the governor [within thirty days after the passage and approval of this act,] and one shall be an ex officio member. The state controller shall be said ex officio member and president of said [board] commission.
[No person shall be appointed as a member of the board who has not] Each appointed member of the commission shall be a citizen of the United States or shall have declared his intention to become such a citizen and shall have been a resident of the State of Nevada for not less than five years, and shall have been actively engaged in business as a real estate broker within the State of Nevada for a period of at least three (3) years next immediately preceding the date of his appointment.
[One member shall be appointed for a term of one year, one member shall be appointed for a term of two years, and two members shall be appointed for a term of three years, and until their successors are appointed and qualified; thereafter the term of the members of said board shall be for three years, and until their successors are appointed and qualify.] At the expiration of the appointed term of each member or in the event of a vacancy arising in the commission from any cause, the governor shall appoint a successor. If such vacancy arises from a cause other than the expiration of the term such appointment shall be for the remainder of such term. Appointments for a new term shall commence on May first following such appointment, and other appointments shall commence immediately upon acceptance.
At least two members of said [board] commission shall be residents of the northern district of Nevada, and at least two members of said [board] commission shall be residents of the southern district of Nevada. Not more than two members shall be appointed from any one county. The northern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lyon, Lander, Ormsby, Pershing, Storey and Washoe; the southern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Clark, Esmeralda, Lincoln, Mineral, Nye and White Pine.
In the event of a vacancy occurring in said [board] commission or the absence of any member from the state for a period of six (6) months without permission from the governor, the governor shall appoint a person duly qualified under this act to fill the unexpired term.
Each member of said [board] commission shall, before entering upon the duties of his office, take a constitutional oath of office, and shall, in addition, make oath that he is legally qualified under the provisions of this act to serve as a member of said [board] commission. The said [board] commission shall meet at Carson City, [at the call of the governor] on the [first Tuesday] second Monday in [May 1947] July 1949, and organize by electing from its members a vice president and secretary-treasurer to serve [at the pleasure of the board] for a term of one year each, and the commission shall annually thereafter meet on the second Monday in July of each year and elect a vice president and secretary-treasurer to serve for the ensuing year.
κ1949 Statutes of Nevada, Page 435 (CHAPTER 204, SB 166)κ
1949, and organize by electing from its members a vice president and secretary-treasurer to serve [at the pleasure of the board] for a term of one year each, and the commission shall annually thereafter meet on the second Monday in July of each year and elect a vice president and secretary-treasurer to serve for the ensuing year. [and designate some convenient place within the state as the] The principal office of the [board] commission shall be at Carson City. Said [board] commission in its sole discretion may likewise designate other convenient places within the state for the establishment of branch offices of the [board] commission, each of which shall, however, be in charge of an officer of the [board] commission.
The [board] commission shall hold regular meetings on the [first Tuesday] second Monday of [May, August, November and February] January and July of each year, [two] one of which shall be held in the northern district of the state, and [two] one of which of said meetings shall be held in the southern district of the state, at such place or places as shall be designated by the [board] commission for said purpose.
Special meetings of the [board may] commission shall be held at the call of the president whenever there is sufficient business to come before the [board] commission to warrant such action, at any place most convenient to the [board] commission, or upon written request of two members of the commission. Written notice of the time, place and purpose of all special meetings shall be given to each commission member at least five days prior to the holding of such special meeting. A majority of the [board] commission shall constitute a quorum for the transaction of business, for the performance of any duty or for the exercise of any power or authority of the [board] commission. A vacancy on the [board] commission shall not impair the right of the remaining members to perform all the duties and exercise all the power and authority of the [board] commission. The act of the majority of the [board] commission when in session as a [board] commission shall constitute the act of the [board] commission. The [board] commission may do all things necessary and convenient for carrying into effect the provisions of this act, and may from time to time promulgate [necessary] reasonable rules and regulations for the administration of this act, which said rules and regulations when so promulgated by the [board] commission shall be published in printed or mimeographed form and distributed to all licensed real estate brokers and real estate salesmen, and made available to the general public upon request at any office of the [board] commission.
[All money received for licenses shall be held by the treasurer of the board subject to its order. Said money shall be used to meet the expenses of the board for stationery, books of record, blanks, and other supplies, clerical and stenographic charges, office rent, the actual expenses of the members of the board in attendance upon meetings, and such other expenses as shall be reasonably necessary for carrying out the provisions of this act. Members of the board shall serve without compensation, but shall receive their actual expenses in attending upon meetings or in the transaction of other business of the board, insofar as the money received from licenses is sufficient therefor, but not otherwise.
κ1949 Statutes of Nevada, Page 436 (CHAPTER 204, SB 166)κ
insofar as the money received from licenses is sufficient therefor, but not otherwise. The payment of money from the funds of the board shall be made upon the written order of the president, countersigned by the secretary-treasurer.]
All fees and charges received by the commission shall be deposited in a fund to be known as the Nevada real estate commission fund, and the said commission is hereby empowered to expend said fund for the requirements, purposes and expenses of said commission including actual traveling expenses and compensation for each day or fraction thereof in the sum of ten dollars ($10) per diem, not exceeding, however, one hundred dollars ($100) per diem compensation per annum, of members in attending meetings or transacting other business of the commission, upon vouchers signed by the secretary-treasurer and countersigned by the president, or a member thereof. Total expenditures for any purpose shall not exceed total collections by the commission.
The commission may, and shall, if funds collected under the provisions of this act are adequate for such purpose, employ an executive secretary whose annual compensation shall be fixed by the commission, not, however, to exceed five thousand dollars ($5,000). The executive secretary shall possess a broad knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts. The executive secretary shall furnish a corporate surety bond which may be continuous in form, in the sum of five thousand dollars ($5,000) conditioned upon the faithful performance of the duties of the office and true accounting of all funds. The commission may employ legal counsel and other employees, fixing the compensation therefor, as are necessary to the discharge of their duties.
Neither the executive secretary nor any employee of the commission shall be interested in any real estate or brokerage firm nor shall the executive secretary or any such employee act as a broker or salesman or agent therefor.
The secretary-treasurer shall give a bond to the State of Nevada for the faithful performance of his duties in the sum of two thousand ($2,000) dollars, said bond to be written by surety company properly qualified to do business in this state.
The secretary-treasurer shall render to the governor of the State of Nevada, an annual report in detail, on the [thirtieth] thirty-first day of [June] December each year, the first such report to be made on [June 30, 1948] December 31, 1949; provided, however, that there shall be an annual report made on June 30, 1949, said annual report to be accompanied by an audit of the accounts of the secretary-treasurer made by the state auditor of the State of Nevada, or by a certified public accountant, the choice resting with the [board] commission. The cost of said audit shall be paid for by the [board] commission out of its funds received from license fees as provided for in this act.
The [board] commission shall adopt a seal with such design as the [board] commission may prescribe engraved thereon, by which it shall authenticate its proceedings.
κ1949 Statutes of Nevada, Page 437 (CHAPTER 204, SB 166)κ
it shall authenticate its proceedings. Copies of all records and papers in the office of the [board] commission, duly certified and authenticated by the seal of said [board] commission, shall be received in evidence in all courts equally and with like effect as the original. All records kept in the office of the [board] commission under authority of this act shall be open to public inspection under such rules and regulations as shall be prescribed by the [board] commission.
Sec. 2. Section 8 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 8. Licenses shall be granted only to persons who bear a good reputation for honesty, truthfulness, and fair dealing, [and] who are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public, who have not been denied a license except for failure to pass the written examination or whose license has not been revoked in any state within one year prior to the date of application, and only after satisfactory proof thereof has been presented to the [board] commission.
Every applicant for a license as a real estate broker or real estate salesman shall be of the age of 21 years or over, and a citizen of the United States, or who has declared an intention to become a citizen of the United States, and a bona fide resident of the State of Nevada, as evidenced by actual physical presence in the state for a period of at least six months next immediately preceding [the filing of the application for] issuance of the license. [Every applicant for a license as a real estate broker shall have actively served as a licensed real estate salesman within the State of Nevada, or elsewhere, for a period of at least six months next immediately preceding the filing of the application for license.] No brokers license shall be issued to a copartnership, association, or corporation unless all the members of any such copartnership or association, who will actively engage in the real estate business, and all of the officers and directors of any such corporation who will actively engage in the real estate business are 21 years of age or over and citizens of the United States, and residents of the State of Nevada for a period of at least six months next immediately preceding the filing of the application for license; provided, however, that any person not a citizen of the United States may be eligible for license if due proof is made to the [board] commission that the has [received his first citizenship papers] declared his intention to become a citizen of the United States. Licenses granted hereunder to applicants who have received their first citizenship papers and who fail to become citizens of the United States in due course, shall be revoked by the [board] commission. Any person licensed as a real estate broker or real estate salesman within the State of Nevada at any time prior to [the passage and approval of this act] July 1, 1949, shall be exempt from the citizenship requirements of this act.
Sec. 3. Section 12 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 12. [Every applicant for license under the provisions of this act shall be accompanied by a bond in the sum of $1,000 running to the State of Nevada, executed by two good and sufficient sureties approved by the board, or executed by a surety company duly authorized to do business in this state.]
κ1949 Statutes of Nevada, Page 438 (CHAPTER 204, SB 166)κ
this act shall be accompanied by a bond in the sum of $1,000 running to the State of Nevada, executed by two good and sufficient sureties approved by the board, or executed by a surety company duly authorized to do business in this state.] No license shall issue or be renewed hereunder until the applicant has filed a bond with the commission in the sum of $1,000, running to the State of Nevada and executed by a surety company duly authorized to do business in this state. Such bond shall be in a form approved by the [board] commission and conditioned that the applicant shall conduct his business in accordance with the requirements of this act. All bonds given by licensees under the provisions of this act, after approval, shall be filed and held in the office of the [board] commission. Any person injured by failure of a real estate broker or real estate salesman to comply with the provisions of this act shall have the right in his own name to commence action against said real estate broker or real estate salesman and his surety or sureties for the recovery of any damages sustained by the failure or commissions of said real estate broker or real estate salesman to comply with the provisions of this act, or any of them. In all cases where suit is brought for the purpose of collecting damages, the court shall upon entering judgment for the plaintiff, allow as part of the costs in said suit a reasonable amount as attorneys fees.
Sec. 4. Section 13 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 13. Applications for a brokers or salesmans license shall contain such other information pertaining to the applicant, in addition to that herein provided for, as the [board] commission shall require. The [board] commission may require such other proof through the application or otherwise as it shall deem desirable, with due regard to the paramount interests of the public as to the honesty, truthfulness, integrity, and competency of the applicant. The [board] commission is expressly vested with the power and authority to make and enforce any and all such reasonable rules and regulations connected with the application for any license as shall be deemed necessary to administer and enforce the provisions of this act. All applications for licenses as real estate brokers or real estate salesmen hereunder, shall be acted upon by the [board] commission within [sixty (60)] thirty (30) days from the date of the written examination, as provided and scheduled in section 14 hereof, next following the filing of applications therefor. If in the opinion of the commission additional investigation of the applicant appears necessary the commission may extend the thirty-day period and may make such additional investigation as it deems necessary or desirable. The burden of proof shall in every respect be upon the applicant to establish to the satisfaction of the commission that he is qualified to receive a license. If an applicant shall have been denied a license except for failure to pass an examination, he shall not be permitted to reapply until the commission shall in its discretion, upon petition of the applicant, grant leave to file such reapplication.
Sec. 5. Section 14 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
κ1949 Statutes of Nevada, Page 439 (CHAPTER 204, SB 166)κ
Section 14. In addition to the proof of honesty, truthfulness and good reputation required of any applicant for a real estate license, the [board] commission shall ascertain by written examination that the applicant for a real estate brokers license has the following qualifications, to wit:
1. Appropriate knowledge of the English language including reading, writing, and spelling, and of elementary arithmetic.
2. A fair understanding of the rudimentary principles of real estate conveyancing, the general purpose and legal effect of deeds, mortgages, land contracts of sale, and leases, and of the elementary principle of land economics and appraisals.
3. A general and fair understanding of the obligations between principal and agent, of the principles of real estate practice, and the canons of business ethics pertaining thereto, as well as of the provisions of this act.
In the case of any applicant for real estate salesmans license who complies with the required qualifications of honesty, truthfulness, and good reputation, the board need only ascertain by written examination that the applicant has appropriate knowledge of the English language, including reading, writing, and spelling, and of elementary arithmetic, and a fair understanding of the obligations between principal and agent.
[Any person who has been licensed as a real estate broker or real estate salesman for a period of six months next immediately preceding the effective date of this act, and who is thus engaged within this state at the time this act goes into effect, may secure a license as a real estate broker or real estate salesman without an examination, provided such person shall make application of the same within ninety (90) days after the effective date of this act.]
Any unlicensed person who has been actively engaged in the real estate business and performing the acts defined in sections 6 and 8 of this act at a definite place of business in an incorporated city or unincorporated town, or any other community or place within the state having a population of less than 3,000 according to the official census of 1940, for a period of at least one year within the three-year period prior to June 1, 1949, and any person who has heretofore been issued a real estate brokers license which has not been revoked or canceled for any of the causes stated in this act, but which is not now in effect, may secure a license as a real estate broker or real estate salesman without written examination; provided, such person shall make proper application for such a license on or before June 1, 1949, pursuant to and in accordance with the provisions of sections 9, 10, 11, 12, and 13, and otherwise comply with all the provisions and requirements of this act.
In the event the license of any real estate broker or real estate salesman shall be revoked by the [board] commission subsequent to the enactment of this act, no new license shall be issued to such person unless he complies with the provisions of this act.
If the applicant is a copartnership, association, or corporation, the examination herein provided for shall be submitted to on behalf of said copartnership, association, or corporation by the member or officer thereof who is designated in the application as the person to receive a license by virtue of the issuance of a license to the copartnership, association, or corporation, as provided for in section 9 of this act.
κ1949 Statutes of Nevada, Page 440 (CHAPTER 204, SB 166)κ
examination herein provided for shall be submitted to on behalf of said copartnership, association, or corporation by the member or officer thereof who is designated in the application as the person to receive a license by virtue of the issuance of a license to the copartnership, association, or corporation, as provided for in section 9 of this act.
Upon satisfactorily passing such examination and upon complying with all other provisions of law and conditions of this act, a license shall thereupon be granted by the [board] commission to the successful applicant therefor as a real estate broker or real estate salesman, and the applicant upon receiving such license is authorized to conduct the business of a real estate broker or real estate salesman in this state.
Examinations for licenses shall be held by the [board] commission at least four times a year, on the first Monday of May, August, November, and February of each year. [Applicants failing to pass the first examination shall wait at least ninety (90) days before reapplying for license. Applicants failing a second time to pass said examination shall wait a period of at least six (6) months before reapplying for license. Applicants failing to pass said examination three times or more, shall wait a period of at least one year before reapplying for license.]
Sec. 6. Section 17 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 17. The [board] commission shall issue to each licensee a license in such form and size as shall be prescribed by the [board] commission. This license shall show the name and address of the licensee, and in case of a real estate salesmans license, shall show the name of the real estate broker by whom he is employed. Each license shall have imprinted thereon the seal of the [board] commission, and in addition the foregoing shall contain such matter as shall be prescribed by the [board] commission. The license of each real estate salesman shall be delivered or mailed to the real estate broker by whom such real estate salesman is employed, and shall be kept in the custody and control of such broker. It shall be the duty of each real estate broker to conspicuously display his license in this place of business.
The [board] commission shall prepare and deliver to each licensee a pocket card, which card among other things shall contain an imprint of the seal of the [board] commission and shall certify that the person whose name appears thereon is a licensed real estate broker or real estate salesman, as the case may be, and if it is a real estate salesmans card it shall also contain the name and address of his employer. The matter to be printed on such pocket card, except as above set forth, shall be prescribed by the [board] commission.
Every person, copartnership, association, or corporation licensed as a real estate broker under the provisions of this act, shall be required to have and maintain a definite place of business within the state, which shall be a room or rooms used for the transaction of real estate business, or such business and any allied businesses, and which shall serve as his, their or its office for the transaction of business under the authority of said license, and where said license shall be prominently displayed.
κ1949 Statutes of Nevada, Page 441 (CHAPTER 204, SB 166)κ
the authority of said license, and where said license shall be prominently displayed. The said place of business shall be specified in the application for license and designated in the license, and no license issued under the authority of this act shall authorize the licensee to transact business from any office other than that designated in the license. [, unless notice in writing shall be given within ten days to the board of any change of business location, designating the new location of such office, whereupon the board shall issue a new license for the new location for the unexpired period.] If the real estate broker maintains more than one place of business within the state, a duplicate license shall be issued to such broker for each branch office so maintained by him, in which said duplicate license shall be conspicuously displayed.
All real estate brokers shall also prominently display in their place or places of business the licenses of all real estate salesmen employed by them therein or in connection therewith. All licenses issued to real estate salesmen shall designate the employer of such salesmen by name. [Prompt notices in writing within ten days shall be given to the board by any real estate salesman of a change of employer, together with the name of the new employer into whose service such salesman is about to enter. The board shall in its discretion issue a new license to said salesman for the unexpired term of the original license, upon the filing of an application for a transfer and payment of a transfer fee of $1; provided, that such new employer shall be a duly licensed real estate broker, and provided either the former employer or the new employer shall certify to the honesty, truthfulness, and good reputation of said transferee.
A change of employer or employment by any licensed real estate salesman without notice to the board, as aforesaid, shall automatically cancel the license heretofore issued to him.]
Notice in writing shall be given to the commission within thirty days of any change of name, personnel or business location of any licensee hereunder or of a change of employment of any salesman licensee hereunder, and upon the surrender of the license certificate and pocket identification card previously issued and the payment of a $1 fee the commission shall issue a new license for the unexpired license term. Upon the transfer of employment of any salesman licensee hereunder, application accompanied by a fee of $1 shall be made to the commission for the issuance of a new license to such salesman for the unexpired term. Such transfer shall only be into the employment of a duly licensed broker-employer who shall certify to the honesty, truthfulness and good reputation of the transferee. Failure to give notice as herein required shall constitute cause for the revocation of any outstanding license.
When any real estate salesman shall be discharged or shall terminate his employment with the real estate broker by whom he is employed, it shall be the duty of such real estate broker to immediately deliver or mail by registered mail to the [board] commission such real estate salesmans license, together with a written statement of the circumstances surrounding any such discharge or termination of employment.
κ1949 Statutes of Nevada, Page 442 (CHAPTER 204, SB 166)κ
salesmans license, together with a written statement of the circumstances surrounding any such discharge or termination of employment. The real estate broker shall, at the time of mailing such real estate salesmans license to the [board] commission address a communication to the last-known residence address of such real estate salesman, which communication shall advise such real estate salesman that his license has been delivered or mailed to the [board] commission. A copy of such communication to the real estate salesman shall accompany the license when delivered or mailed to the [board] commission. It shall be unlawful for any real estate salesman to perform any of the acts contemplated by this act, either directly or indirectly, under authority of said license from and after the date of receipt of said license from said broker by the [board] commission; provided, that another license shall not be issued to such real estate salesman until he shall return his former pocket card to the [board] commission or shall satisfactorily account to it for the same; provided further, that not more than one license shall be issued to any real estate salesman for the same period of time.
If any real estate broker licensed hereunder as a member of a copartnership or association or as an officer of a corporation should discontinue his connections with such copartnership, association, or corporation, and thereafter desire to act as an individual real estate broker, or become associated with any other copartnership, association, or corporation, said broker shall be required to file an application and pay an original brokers fee for a new license as an individual broker or as a member of such new copartnership, or association, or as an officer of such new corporation.
Sec. 7. Section 19 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 19. The following fees shall be charged by and paid to the [board] commission:
1. For each real state brokers examination, an examination fee of $20; for each original real estate brokers license, a fee of $20; and for each renewal real estate broker license, a fee of $20 a year, or fraction thereof.
2. For each license as a real estate broker issued to a member of a copartnership, association, or officer of a corporation, other than the member of the copartnership, association, or officer of the corporation named in the license issued to such copartnership, association, or corporation, a fee of $20, and for each annual renewal thereof a fee of $20.
3. For each real estate salesmans examination, an examination fee of $10; for each original real estate salesmans license, a fee of $10; for each renewal real estate salesmans license, a fee of $10 a year, or fraction thereof.
4. For each branch office brokers license, $5 a year, or fraction thereof.
5. For each change of name or address, a fee of $1.
6. For each transfer of real estate salesmans license on change of employer, a fee of $1.
κ1949 Statutes of Nevada, Page 443 (CHAPTER 204, SB 166)κ
7. For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof, a fee of $3.
8. For each reinstatement of a real estate brokers or salesmans license, a fee of $2; provided, however, that if a licensee fails to give written notice to the commission within thirty days of a change of name, address or broker-employer, the fee for such reinstatement shall be a fee of $10.
All licenses issued hereunder shall expire on December 31 of each year at midnight.
An original real estate brokers license referred to herein is a license issued to an applicant therefor who had no such real estate brokers license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
A renewal real estate brokers license referred to herein is a license issued to an applicant therefor who had a real estate brokers license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
An original real estate salesmans license referred to herein is a license issued to an applicant therefor who had no such real estate salesmans license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
A renewal real estate salesmans license referred to herein is a license issued to an applicant therefor who had a real estate salesmans license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
If a licensee fails to apply for a renewal of his license prior to the date of the expiration thereof, no license shall be issued to him except upon another original application, except that within one year of such expiration a renewal may be issued upon payment of a fee double the amount otherwise required for renewal.
Sec. 8. Section 25 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 25. The [board] commission shall at least [semiannually] annually on or about the fifteenth day of February, publish a list of the names and addresses of all licensees licensed by it under the provisions of this act, and of [all applicants and] licensees whose licenses have been [refused] suspended or revoked within one year, together with such other information relative to the enforcement of the provisions of this act as it may deem of interest to the public. One of such lists shall be mailed to each licensee and one of such lists shall be mailed to the county clerk in each county of the state and shall be filed by said county clerk as a public record. Such lists shall also be mailed by the [board] commission to any person in this state upon request, without charge.
Sec. 9. Section 34 of the above-entitled act is hereby repealed.
Sec. 10. The title of the above-entitled act, being chapter 150, Statutes of Nevada 1947, is hereby amended to read as follows:
An act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate [board] commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith.
κ1949 Statutes of Nevada, Page 444 (CHAPTER 204, SB 166)κ
estate salesmen; to create a state real estate [board] commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith.
Wherever the word board appears in this act the same shall be construed to mean the Nevada real estate commission.
________
Senate Bill No. 201Senator Murray.
CHAPTER 205
AN ACT providing for the appointment of a legislative auditor, prescribing his qualifications and duties, requiring all state officers and employees to provide access to books and records, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, the words state departments shall mean and include all state offices, departments, boards, commission, institutions, or agencies, excepting the Nevada industrial commission and the Basic magnesium project.
Sec. 2. The legislative counsel bureau, heretofore created, as soon as possible after the appointment of its members, shall appoint an investigator of all custodians of public funds, disbursing officers, property custodians, purchasing agents, and personnel of all state departments, the title of such officer to be legislative auditor.
Sec. 3. The legislative auditor shall serve at the pleasure of the bureau and until his successor is appointed, but at least until the end of the next succeeding legislature following such appointment.
Sec. 4. The legislative auditor shall receive a salary of four thousand eight hundred dollars ($4,800) per annum, and he shall receive subsistence and travel expenses as provided by law. The legislative counsel shall provide necessary office space, clerical help and assistance, supplies, and equipment. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims against the fund of the legislative counsel bureau as other claims against the state are paid. All claims shall be approved by the legislative counsel before they are paid.
Sec. 5. The legislative auditor shall be selected with special reference to his training, experience, capacity, and interest in the activities embraced within this act; he shall be a man of unquestioned integrity and moral character, with sufficient experience in business and finance to properly discharge the functions of the office. He shall have (1) five years of progressively responsible experience in general accounting; (2) a comprehensive knowledge of the principles and practices of public budgeting and governmental accounting; (3) a working knowledge of statistical methods; (4) the ability to maintain effective working relationships with state officials; and (5) the ability to organize and present clearly oral and written reports of findings and recommendations.
κ1949 Statutes of Nevada, Page 445 (CHAPTER 205, SB 201)κ
working relationships with state officials; and (5) the ability to organize and present clearly oral and written reports of findings and recommendations.
Sec. 6. The powers and duties of the legislative auditor shall be:
(1) To perform a post-audit of all accounts, books, and other financial records of all state departments that are charged with the collection, custody, or expenditure of public funds, and to prepare a written report or reports of such audit or audits to the legislative counsel bureau, and such other person or persons hereafter designated in this act.
(2) To personally, or by his duly authorized assistants, examine and audit at least once a year all fiscal books, records, and accounts of all officer, personnel, custodians of public funds, disbursing officers, property custodians, and purchasing agents, and to make independent verifications of all assets, liabilities, revenues, and expenditures of the state, and its officers and departments, now in existence or hereafter created.
(3) To require such changes in the accounting system or systems and record or records of the state departments that in his opinion will augment or provide a uniform, adequate, and efficient system of records and accounting.
(4) To determine whether the handling of the public money is protected by adequate accounting controls.
(5) To determine whether all revenues or accounts due have been collected or properly accounted for, and whether expenditures have been made in conformance with law and good business practice.
(6) To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.
(7) To determine whether fraud or dishonesty has occurred in the handling of funds or property.
(8) To determine whether property and equipment are properly accounted for, and that none is improperly used or disposed of.
(9) To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.
(10) To work with the executive officers of any and all state departments in outlining and installing a uniform, adequate, and efficient system of records and accounting.
(11) To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination, and audit of any and all books, accounts, and records in their possession.
Sec. 7. It shall be the duty of all officers and employees of the state departments to make available and accessible to the legislative auditor all books, accounts, reports, vouchers, or other records of information, confidential or otherwise, necessary or convenient to the proper discharge of the legislative auditors duties under this act, on the request of the legislative auditor or his duly authorized representative.
Sec. 8. In making any changes, the legislative auditor shall take into consideration the present system of such books, accounts, and reports in order that the transition may be gradual.
κ1949 Statutes of Nevada, Page 446 (CHAPTER 205, SB 201)κ
into consideration the present system of such books, accounts, and reports in order that the transition may be gradual. Past and present records shall be coordinated into any new system. It is the object and purpose of this act, among other things, to install a unified and coordinated system of accounting and records in the various state departments.
Sec. 9. The legislative auditor shall formulate and prescribe a uniform system of accounting, cost-keeping, and reporting for every state office, department, or institution, which shall exhibit the true financial condition, correct accounts, and statements of funds collected, received, and expended for any purpose whatever by all public officers, employees, or other persons; such accounts or statements to show the receipt, use, and disposition of all public property, and the income, if any, derived therefrom and of all sources of public income and the amounts due and received from each source, all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of each transaction, and all statements and reports made or required to be made for the internal administration of the office to which they pertain, and all statements and reports regarding any and all details of the financial administration of public affairs. The legislative auditor shall, from time to time, make such changes in and additions to such system as may to him seem necessary or in the public interest.
Sec. 10. In addition to the other duties provided for the legislative auditor, he shall thoroughly examine all departments of the state government with special regard to their activities and the duplication of efforts between departments and the quality of service being rendered by subordinate employees in each of the several departments.
Upon completing the examination of any state department, he shall furnish the head thereof with a report of, among other things, (a) the efficiency of the subordinate employees; (b) the status and condition of all public funds in charge of such department; (c) the amount of duplication between work done by the departments so examined and other departments of the state government; (d) the expense of operating the department; (e) breaches of trust and duty, if any, by an officer, property custodian, purchasing agent, or other custodian or disbursement officer of public funds; (f) any suggested changes looking toward economy and reduction of number of clerical and other employees, and the elimination of duplication and inefficiency. Copies of each report shall be filed with the governor, the lieutenant governor, the secretary of state, and each member of the legislature.
Sec. 11. The legislative auditor shall prepare an annual report to the governor, the legislative counsel bureau, and members of the legislature, and copies of such report shall be filed in the office of the secretary of state. Such annual report shall contain, among other things, copies of, or the substance of reports made to the various state departments, as well as a summary of changes made in the system of accounts and records thereof. Reports shall also contain specific recommendations to the legislature for the amendment of existing laws or the passage of new laws designed to improve the functioning of various departments of the state government to the end that more efficient service may be rendered and the cost of government reduced.
κ1949 Statutes of Nevada, Page 447 (CHAPTER 205, SB 201)κ
or the passage of new laws designed to improve the functioning of various departments of the state government to the end that more efficient service may be rendered and the cost of government reduced.
Sec. 12. All recommendations submitted by the legislative auditor shall be confined to those matters properly coming within his jurisdiction, which is to see that the laws passed by the legislature dealing with the expenditure of public moneys are in all respects carefully observed, and that the attention of the legislature is directed to all cases of violation of the law and to those instances where there is need for change of existing laws or the passage of new laws to secure the efficient spending of public funds. The legislative auditor shall not include in his recommendations to the legislature any recommendations as to the sources from which taxes shall be raised to meet the governmental expense. All reports by the legislative auditor shall call attention to any funds, which in his opinion, have not been expended in accordance with law or appropriations by the legislature; and shall make recommendations to the legislature as to the manner or form of appropriations, which will avoid any such improper expenditure of money in the future.
Sec. 13. Each of the audits herein provided for shall be made and concluded as directed by the legislative counsel bureau, and in accordance with the terms of this act; but shall be concluded and reports thereof made not later than thirty (30) days before the convening of each regular session of the legislature. The legislative counsel bureau shall direct the legislative auditor to make any special audit or investigation that in its judgment is proper and necessary to carry out the purpose of this act, or to assist the legislature in the proper discharge of its duties.
Sec. 14. The legislative counsel bureau shall direct the printing or mimeographing of such number of any reports as it thinks necessary and proper.
Sec. 15. All reports filed by the secretary of state shall be open to public inspection.
Sec. 16. The legislative auditor shall keep, or cause to be kept, a complete, accurate, and adequate set of fiscal transactions of the office of the legislative counsel bureau. He shall also keep a complete file of copies of all audit reports, examinations, investigations, and any and all other reports or releases issued by him, and a complete file of audit work papers and other evidences pertaining to work of the legislative auditor.
Sec. 17. If the legislative auditor finds, in the course of his audit, evidence of improper practices of financial administration or of any general incompetency of personnel or inadequacy of fiscal records, he shall report same immediately to the governor, the legislative counsel bureau, and the department head or heads affected. If the legislative auditor shall find evidence of illegal transactions, he shall forthwith report such transactions to the governor, the legislative counsel bureau, and the attorney general.
Sec. 18. Immediately upon receipt of a report from the legislative auditor of incompetency of personnel and inadequacy of fiscal records, the legislative counsel bureau shall review the legislative auditors report of same and hold hearings with the department head or heads concerning such incompetency and inadequacy of fiscal records.
κ1949 Statutes of Nevada, Page 448 (CHAPTER 205, SB 201)κ
auditor of incompetency of personnel and inadequacy of fiscal records, the legislative counsel bureau shall review the legislative auditors report of same and hold hearings with the department head or heads concerning such incompetency and inadequacy of fiscal records. The legislative counsel bureau, after holding such hearings, shall make a report to the department head or heads requesting the removal or replacement of the incompetent personnel or the installation of the necessary fiscal records. The legislative counsel bureau shall report to the legislature any refusal of the department officials to remedy such incompetency or the installation of proper fiscal records.
Sec. 19. To carry out the provisions of this act there is hereby appropriated from the general fund for the biennium ending June 30, 1951, the sum of nine thousand six hundred dollars ($9,600) to be paid out on claims as other claims against the state are paid.
Sec. 20. That certain act of the legislature of the State of Nevada entitled An act to provide for the appointment of a state auditor, fix his compensation, prescribe his duties, to inspect and audit public accounts and to establish a uniform system of public accounting, cost-keeping and reporting, and matters relating thereto, and to repeal certain acts and parts of acts in conflict herewith, approved March 10, 1917, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 21. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
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Senate Bill No. 93Senators Lemaire and Tallman.
CHAPTER 206
AN ACT authorizing the purchase of a vacuum seal portagraph to be used by the secretary of state, and to provide an appropriation for such purpose.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The secretary of state is hereby authorized to purchase one (1) vacuum seal portagraph to be used in the office of the secretary of state.
Sec. 2. There is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise specifically appropriated, the sum of one thousand five hundred ($1,500) dollars for the purchase and transportation to the state capitol of one (1) vacuum seal portagraph, including developing tanks and installation.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
κ1949 Statutes of Nevada, Page 449κ
Senate Bill No. 67Committee on Transportation and Public Highways
CHAPTER 207
AN ACT to amend an act entitled An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto, approved March 28, 1919.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, being section 6104, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:
Section 5. The appointive commissioner who shall devote his entire time to the business of the commission shall receive a salary of [five thousand ($5,000)] six thousand ($6,000) dollars per annum; the other appointive commissioner shall receive a salary of [twenty-five hundred ($2,500)] three thousand ($3,000) dollars per annum; [and the ex officio member of the commission shall receive a salary of one thousand ($1,000) dollars per annum] all of said salaries shall be paid as other state officers are paid. Said commission shall appoint a secretary who shall be an expert rate man and who shall receive a salary of [three thousand, six hundred ($3,600)] five thousand ($5,000) dollars per annum; and an assistant secretary who shall receive a salary of three thousand ($3,000) dollars per annum; of the salaries hereinbefore set forth, the following sums shall be paid from the highway fund:
Full-time appointive commissioner ........................................................ $1,000 per year
Part-time appointive commissioner ....................................................... 500 per year
Secretary ..................................................................................................... 1,400 per year
Assistant secretary ..................................................................................... 500 per year
The commission may employ such other clerks, experts, or engineers as may be necessary, and shall fix their compensation; provided that such appointments and employments and the compensation therefor shall first be approved by the state board of examiners.
Sec. 2. Section 25 of the above-entitled act, being section 6125, 1929 N. C. L., is hereby amended to read as follows:
Section 25. Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or club, or by any body politic or municipal organization, or by any person or persons, firm or firms, corporation or corporations, association or associations, the same being interested, that any of the rates, tolls, charges, or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurements, practice, or act whatsoever affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, water, or power, or any service in connection therewith is, in any respect, unreasonable, insufficient, or unjustly discriminatory, or that any service is inadequate, the commission shall proceed, with or without notice, to make an investigation of such complaint, and if, as a result of such investigation, the commission shall determine that probable cause exists for such complaint, it shall order a hearing thereof, upon notice to the public utility.
κ1949 Statutes of Nevada, Page 450 (CHAPTER 207, SB 67)κ
investigation, the commission shall determine that probable cause exists for such complaint, it shall order a hearing thereof, upon notice to the public utility. But no order affecting said rates, tolls, charges, schedules, regulations, measurements, practice, or act complained of shall be entered without a formal hearing.
(a) The commission shall, prior to such formal hearing, notify the public utility complained of that complaint has been made, stating the substance thereof, or, if deemed necessary, accompanying the notice with a copy of the complaint, and ten days after such notice has been given the commission may set a time for hearing.
(b) The commission shall give the public utility and the complainant or complainants at least ten days notice of the time when and place where such hearing will be held, at which hearing both the complainant and the public utility shall have the right to appear by counsel or otherwise, and be fully heard. Either party shall be entitled to an order by the commission for the appearance of witnesses or the production of books, papers and documents containing material testimony. Witnesses appearing upon the order of the commission shall be entitled to the same fees and mileage as witnesses in civil actions in the courts of the state, and the same shall be paid out of the state treasury in the same manner as other claims against the state are paid; but no fees or mileage shall be allowed unless the chairman of the commission shall certify to the correctness of the claim.
[(c) All hearings of said commission shall be held at Carson City, Nevada, unless otherwise ordered by resolution of the board of examiners.]
Sec. 3. Section 1, chapter 218, page 725, 1947 Statutes of Nevada, and all other acts or parts of acts in conflict herewith are hereby repealed.
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Senate Bill No. 71Committee on Agriculture and Irrigation.
CHAPTER 208
AN ACT to amend an act entitled An act creating the office of state engineer; making provisions for conducting same, and repealing sections 10 and 13 of the water law of Nevada which is fully identified by title in this act, approved March 28, 1919, as amended.
[Approved March 28, 1949]
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 section 7390 N. C. L. 1929, as supplemented by chapter 218, Statutes of 1947, is hereby amended to read as follows:
Section 1. The office of the state engineer is hereby created. The state engineer shall be appointed by the governor and shall receive a salary of [$4,000] $6,000 per annum [payable in equal monthly installments as other state officers are paid] which shall be in full compensation for all services as such as a member of the public service commission or of any other commission. He shall keep his office at the state capital.
κ1949 Statutes of Nevada, Page 451 (CHAPTER 208, SB 71)κ
capital. No person shall be appointed as state engineer who is not a registered professional engineer under the laws of Nevada and who does not have such training in hydraulic and general engineering, and such practical skill and experience as shall fit him for the position. He shall hold office for a term of four years from and after his appointment, or until his successor shall have been appointed. The governor may at any time for cause remove said state engineer. His successor shall in all cases have the qualifications as hereinbefore provided.
Sec. 2. Section 2 of the above-entitled act, being section 7391 N. C. L. 1929, is hereby amended to read as follows:
Section 2. The state engineer shall perform such duties as are or may be prescribed by law. He may employ an assistant state engineer at a salary of [$3,600] $5,000 per annum [payable in equal monthly installments as state officers are paid.] He may employ a deputy state engineer at a salary of [$3,000] $4,400 per annum [payable in equal monthly installments as other state officers are paid.] He may employ a field engineer at a salary of $4,000 per annum and an office engineer at a salary of $4,000 per annum. The state engineer may employ an office manager at a salary of $3,600 per annum and a secretary at a salary equal to the maximum state salaries paid stenographers. He may employ necessary stenographers and typists at the rate fixed by general law. He may, upon approval of the board of examiners first had and obtained, employ such other assistants at such salary or compensation as may be necessary, and such assistants shall, where practicable, be paid monthly as state officers are paid, but otherwise they shall be paid by the state treasurer on warrants drawn by the state controller on the certificate of the state engineer. The state engineer may purchase such material and incur such expenses for traveling and other purposes as may be necessary for the proper conduct and maintenance of his department, to be paid from the moneys which may be appropriated for such purposes from time to time, as other state claims are paid.
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 94Senator Baker.
CHAPTER 209
AN ACT to amend an act entitled An act to provide a general highway law for the State of Nevada, approved March 23, 1917, as amended.
[Approved March 28, 1949]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being 1929 N. C. L. 1941 Supp., section 5322, is hereby amended to read as follows:
Section 3. The governor shall be chairman of the board of directors of the highway department. Said directors shall select a state highway engineer, who shall be a competent engineer, skilled and experienced in highway and bridge design, and who shall have had at least five years experience in highway construction.
κ1949 Statutes of Nevada, Page 452 (CHAPTER 209, SB 94)κ
least five years experience in highway construction. Said state highway engineer shall receive a salary [not to exceed six thousand dollars ($6,000)] of seven thousand dollars ($7,000) the year, [to be fixed by the directors of the department of highways,] payable out of the highway funds in equal monthly installments, upon the authority of a certificate from the board of directors, approved by the board of examiners, evidencing the amount so fixed. He shall be allowed his actual necessary traveling expenses when absent from the state capital upon business of the state. He shall devote his whole time to the duties of his office, and may be removed by the board of highway directors at any time. The state highway engineer, before entering upon the duties of his office, shall take the official oath and file a bond with the secretary of state of the State of Nevada in the sum of fifty thousand dollars ($50,000), conditioned upon the faithful performance of his duties as such engineer, and upon the proper expenditure of the moneys constituting the revolving fund hereinafter authorized, and the rendering of a true account of any and all moneys so expended, to the board of directors of said department of highways; and the assistant state highway engineer and the auditor of the state highway department shall each take the official oath and file with the secretary of state a bond payable to the State of Nevada in the penal sum of thirty thousand dollars ($30,000) for the faithful performance of their duties, respectively, as such assistant state highway engineer and as such auditor, and for the proper expenditure of the moneys constituting said revolving fund, drawn upon checks or vouchers signed by them or either of them, in accordance with law, and to render a true account to said board of directors of all moneys so expended on checks drawn or signed by them, or either of them, said bonds to be approved by the governor. The premium upon such bonds, if surety company bonds be furnished, shall be paid from the state highway fund.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 81Senator Wilson.
CHAPTER 210
AN ACT to provide for the construction, equipping, and furnishing of a new third story addition and execution chamber at the Nevada state prison and to provide for the work and materials incident thereto; and to pay for the same; defining the duties of the state board of prison commissioners in respect thereto; providing for the issuance of bonds therefor; and the manner of their sale and redemption and other matters relating thereto.
[Approved March 28, 1949]
Whereas, The Nevada state prison construction program undertaken in 1947-1948 has progressed to a point where additional facilities are needed to complete the overall plan; and