[Rev. 3/1/2019 5:06:30 PM]
κ1951 Statutes of Nevada, Page 201κ
Assembly Bill No. 18Mr. Slattery
CHAPTER 140
AN ACT to amend the title of and to amend an act entitled An act to designate and authorize the work to be done at the state printing office; creating a board of printing control, designating the members thereof and defining the duties of this board; and repealing all acts and parts of acts in conflict with this act, approved March 26, 1923, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title of the above-entitled act is hereby amended to read as follows:
An act to designate and authorize the work to be done at the state printing office, and repealing all acts and parts of acts in conflict with this act.
Sec. 2. Section 4 of the above-entitled act, being section 7495, Nevada Compiled Laws 1929, is hereby repealed.
Sec. 3. Section 5 of the above-entitled act, being section 7496, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 5. The governor shall, upon receipt of such reports, submit the same to the superintendent of state printing who shall order such a number of each of said reports, or part or parts of each of said reports, printed as in his judgment will meet the requirements of law; provided, that in no case shall a less number of copies than fifty, nor a greater number of copies than fifteen hundred, be printed. The superintendent of state printing shall especially see that no matter be printed in more than one report, unless of great public interest.
Sec. 4. Section 9 of the above-entitled act, being section 7500, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 9. Should any state officer, commissioner, trustee or superintendent consider that the requirements of his office, department or institution demand stationery, blanks, forms or work of any character which cannot be performed in the state printing office, and if it appear that, through lack of necessary machinery or appliances the work cannot be satisfactorily done in the state printing office, the superintendent of state printing shall authorize said state officer, commissioner, trustee, or superintendent to have the work performed in a commercial printing office, the cost of same to be paid out of the contingent fund provided for the expenses of state officers or out of the fund provided for the support of the commission or institution requiring the work, as the case may be.
Sec. 5. Section 12 of the above-entitled act, being section 7503, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 12. The superintendent of state printing shall be privileged at all times to refuse to execute work of any description which, in his judgment, is trivial, unnecessary, or a useless expense to the state.
Sec. 6. That certain act of the legislature of the State of Nevada entitled An act to designate and authorize the work to be done in the state printing office, approved March 5, 1909, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
κ1951 Statutes of Nevada, Page 202 (CHAPTER 140, AB 18)κ
entitled An act to designate and authorize the work to be done in the state printing office, approved March 5, 1909, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 7. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 8. This act shall become effective immediately upon passage and approval.
________
Senate Bill No. 73Committee on State and County Affairs
CHAPTER 141
AN ACT authorizing the board of county commissioners of each of the several counties to grant vacations with pay and sick leave to county employees and appointive officers, and other matters properly connected therewith.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of each of the several counties of the State of Nevada, is hereby authorized upon such terms and conditions as it deems proper, to grant vacations with pay, military leaves, not to exceed two weeks with pay, and sick leave to any employee or appointed officer of the county who is a regular employee or officer, and has been in the service of the county for at least one year.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 27Mr. Buol
CHAPTER 142
AN ACT to repeal an act entitled, An act creating a commission in the State of Nevada to be known as the state board of publicity, providing for the membership thereof, defining the powers and duties thereof, making an appropriation therefor, and other matters properly relating thereto, approved March 26, 1937, as amended.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain act of the legislature of the State of Nevada entitled An act creating a commission in the State of Nevada to be known as the state board of publicity, providing for the membership thereof, defining the powers and duties thereof, making an appropriation therefor, and other matters properly relating thereto, approved March 26, 1937, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
κ1951 Statutes of Nevada, Page 203κ
Senate Bill No. 62Committee on Interstate Cooperation
CHAPTER 143
AN ACT regulating the operation of powerboats, and providing penalties.
[Approved March 17, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Every owner, operator, or person in command of any powerboat, is guilty of a misdemeanor who operates it or permits it to be operated at a speed in excess of five nautical miles per hour in any of the following areas:
(a) Within one hundred (100) feet of any person who is engaged in the act of bathing;
(b) Within two hundred (200) feet of any (1) beach frequented by bathers, (2) swimming float, diving platform, or life line, (3) way or landing float to which boats are made fast or which is used for the embarkation or discharge of passengers.
Sec. 2. Counties or cities may make further restrictions concerning the navigation and operation of powerboats, and may grant permits to bona fide yacht clubs or civil organizations to conduct powerboat races over courses established, marked, and patrolled by authority of the United States coast guard, harbor master, or other officer having authority over the waters on which a race is proposed to be conducted, and on such days and between such hours as may be approved by the officer.
Sec. 3. The provisions of this act shall apply to all waters which are in fact navigable regardless of whether they are declared navigable by law.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 5. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 186Mr. Carville
CHAPTER 144
AN ACT to amend an act entitled An act to require foreign corporations to qualify before carrying on business in this state, regulating and prescribing the manner thereof, other matters pertaining thereto, and repealing all other acts in conflict herewith, approved March 20, 1907, as amended.
[Approved March 17, 1951]
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 1841, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 204 (CHAPTER 144, AB 186)κ
Section 1. Every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or foreign country, which shall hereafter enter this state for the purpose of doing business therein, must, before commencing or doing any business in this state, file in the office of the secretary of state of the State of Nevada a certified copy of its articles of incorporation, or of the statute or statutes, or legislative, or executive, or governmental acts, or other instrument or authority by which it was created, and of all papers, documents and instruments amendatory thereof, supplemental thereto, or otherwise related to any of the aforesaid instruments of creation, and which, pursuant to the laws of the place of its creation are required to be filed or recorded therein; and which have been so filed or recorded therein since its creation and to the date of submission to the office of the secretary of state of the State of Nevada of the aforesaid papers, documents and instruments for the purpose of qualifying such corporation in this state; and submit with such certified papers a second copy of all thereof, conformed in every respect to such certified papers, for certification by the secretary of state of this state for filing by said corporation in the office of the county clerk of the county where its principle place of business in this state is located.
The certification of the aforesaid corporate papers shall be made under the hand and seal of the official of the place of creation of such corporation, having the custody of such corporate papers or records; and if such place of creation shall be a foreign country, such officials status, as such, shall also be authenticated in such manner as may, in such foreign country, be applicable to papers certified therein which are for filing or record in some other country.
Any foreign corporation qualified to transact business in this state shall, upon the filing in the state of its creation of any paper, document or instrument amendatory of, supplemental to, or otherwise related to the instrument of its creation, and which, pursuant to the laws of the place of its creation are to be filed or recorded therein shall forthwith file with the secretary of state of this state a copy thereof, certified by the official with whom the same shall have been filed in the place of its creation, in the manner heretofore prescribed and set forth in this section.
If any such corporation shall fail so to file any of the papers referred to in the preceding paragraph of this section, in the manner and at the time therein prescribed, and the secretary of state shall have knowledge that the same have not been thus filed in his office but are of record in the place wherein the corporation was created, he shall refuse to file any such papers thereafter submitted for filing until such corporation shall first cause to be filed in his office and pay the filing fee applicable thereto, such papers as the corporation has failed previously to file as provided in the preceding paragraph of this section.
In the event the papers by this section required to be filed in this state are of record in the place of its creation in a foreign language, such certified papers in such foreign language, shall be accompanied by a verified translation thereof into the English language.
κ1951 Statutes of Nevada, Page 205 (CHAPTER 144, AB 186)κ
such certified papers in such foreign language, shall be accompanied by a verified translation thereof into the English language.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 94Committee on Mining
CHAPTER 145
AN ACT to appropriate funds for the purchase of mine rescue equipment by the state inspector of mines.
[Approved March 17, 1951]
Whereas, The office of the state inspector of mines has no mine rescue equipment on hand; and
Whereas, There is no mine rescue station of the United States bureau of mines located in Nevada to provide mine rescue assistance in emergencies; and
Whereas, The many small mines in the state cannot afford to buy such equipment and hence have no protection in case of mine disasters; and
Whereas, It is felt that the state inspector of mines should have mine rescue equipment in his possession so that he may provide assistance should a mine disaster occur anywhere in the state; 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 for the office of the state inspector of mines, the sum of two thousand and fifty dollars ($2,050), to be used to purchase the following mine rescue equipment:
Twelve self-generating oxygen breathing apparatus at $150 each .............................................................................................. $1,800
Forty extra canisters at $6.25 each........................................... 250
_________
Total cost.................................................................................... $2,050
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.
________
κ1951 Statutes of Nevada, Page 206κ
Senate Bill No. 93Committee on Finance
CHAPTER 146
AN ACT concerning the Nevada state library, providing for the administration and organization of the Nevada state library, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.
[Approved March 19, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state librarian shall be appointed by and responsible to the governor. He shall be appointed on the basis of merit under the provisions of the state merit and personnel system if and when such system is established, and shall be in the classified service.
Sec. 2. The state librarian shall receive an annual salary which shall be fixed in accordance with the pay plan adopted by the state merit and personnel system; provided, however, that until such system is established, such annual salary shall be four thousand eight hundred dollars ($4,800). He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 3. The state librarian shall be a graduate of a library school accredited by the American library association or shall have at least two years of library experience in an administrative capacity.
Sec. 4. The state librarian shall have such professional, nonprofessional, technical, clerical, and operational staff as the execution of his duties and the maintenance and operation of the state library may require.
Sec. 5. Before entering upon the duties of his office, the state librarian shall execute and deliver a surety bond, in such form as may be prescribed by law, payable to the State of Nevada, in the sum of five thousand dollars ($5,000) conditioned for the faithful performance of all duties which may be required of him.
Sec. 6. The state librarian shall serve as the executive officer of the Nevada state library, he shall administer all its activities and services, and he shall have the following powers and duties:
(1) To administer the state library, including the law and government library and the public and other departments, in accordance with law and good library practice.
(2) To select and purchase books, periodicals, pamphlets, films, and other library materials, supplies, equipment, and services.
(3) To purchase a sufficient number of Nevada compiled laws 1929, and supplements, or any other compilation or code of Nevada laws which may be hereafter published, for the use, during the time the Nevada legislature is in session, of the members thereof.
(4) To purchase and exchange the Nevada compiled laws 1929, and supplements, or any other compilation or code of Nevada laws which may be hereafter published, with each of the state libraries of the United States in return for their legal compilations.
(5) To withdraw from the library collection and dispose of any items no longer needed.
κ1951 Statutes of Nevada, Page 207 (CHAPTER 146, SB 93)κ
(6) To borrow books from, lend books to, and exchange the same with other libraries.
(7) To enter into agreements with other libraries in the state for the improvement of library service.
(8) To submit a biennial report to the governor and the legislature of the condition, operation, and functioning of the state library.
(9) To designate the hours that the state library shall be open for the use of the public, and to make and enforce all other rules and regulations necessary for the administration, government, and protection of the state library and all property belonging thereto.
(10) To accept and administer any gift or bequest to the state library.
Sec. 7. Any funds received by the state librarian through gift or bequest to the state library or to the state of Nevada for library purposes shall be deposited in the state treasury in a fund to be known as the state library gift fund. The state library gift fund shall be a continuing fund without reversion, and money in the fund shall be used for library purposes only and expended in accordance with the terms of the gift or bequest.
Sec. 8. Money collected by the state librarian from fines shall be deposited in the appropriated fund of the state library, and may be credited to those budgeted items as may be designated by the state librarian.
Sec. 9. 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 as other claims against the state are paid. All claims shall be approved by the state librarian before they are paid.
Sec. 10. That certain act of the legislature of the State of Nevada entitled An act to dispose of certain sets of Nevada compiled laws 1929, now in the custody of the state librarian, approved March 11, 1931, is hereby repealed.
Sec. 11. That certain act of the legislature of the State of Nevada entitled An act relating to the reception and distribution of certain law books belonging to the State of Nevada, approved January 27, 1931, is hereby repealed.
Sec. 12. Section 194 of that certain 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, as amended, being section 6084.204, 1929 N. C. L. 1949 Supp., is hereby repealed.
Sec. 13. That certain act of the legislature of the State of Nevada entitled An act in relation to the state library, declaring the policy of the state, and repealing all acts and certain acts in conflict herewith, approved March 29, 1949, is hereby repealed.
Sec. 14. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
κ1951 Statutes of Nevada, Page 208κ
Senate Bill No. 127Committee on Aviation, Transportation, and Highways
CHAPTER 147
AN ACT to amend an act entitled An act to provide an excise tax on the distribution of motor vehicle fuel and on the use of any other inflammable or combustible liquids, used to propel motor vehicles on the highways of this state; to provide for the payment and collection thereof; to provide for the licensing of dealers engaged in the distribution of motor vehicle fuel and the filing of bonds by such dealers; to provide for the keeping of records by dealers and retailers of motor vehicle fuel, and the examination thereof; to provide for reports of carriers of motor vehicle fuel and imposing duties on such carriers and on consumers; to provide for the administration and enforcement thereof by the Nevada tax commission and fixing its duties in relation thereto; to fix penalties for the violation of the provisions of this act; to provide for the disposition of the said tax; to provide for refunds; to define certain words, terms and phrases herein; to prohibit political subdivisions from imposing similar taxes; and to repeal all other acts or parts of acts in conflict herewith, approved March 21, 1935, as amended.
[Approved March 19, 1951]
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 6570.05, 1929 N. C. L. 1949 Supp., is amended to read as follows:
Section 5. The provisions of this act requiring the payment of excise taxes shall not apply to motor vehicle fuel so long as it remains in interstate or foreign commerce, nor to motor vehicle fuel exported from this state by a dealer or sold to the government of the United States for official use of the United States armed forces, but every dealer shall report such exports and sales to the tax commission at such times, on such forms, and in such detail as said tax commission may require. Any claim for exemption from excise tax may be made by the dealer at any time within six (6) months after the date of the sale, or export, but no claim made after the expiration of said periods shall be recognized for any purpose by the state or any agency thereof.
Any person who shall export any motor vehicle fuel from this state, or who shall sell any such fuel to the government of the United States for official use of the United States armed forces, or who shall buy and use any such fuel for purposes other than in and for the propulsion of motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this act, either directly by the collection of such tax by the vendor from such consumer or indirectly by the adding of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him or it, upon presenting to the tax commission an affidavit, accompanied by the original invoices showing such purchase, and shall state the total amount of such fuel so purchased and used by such consumer otherwise than for the propulsion of motor vehicles, as defined in this act, that claimant has paid the price therefor, and the manner and the equipment in which claimant has used the same; and as to motor vehicle fuel purchased and exported from this state, the claimant for refund shall execute and furnish to the tax commission certificate of exportation on such form as may be prescribed by the tax commission, and said tax commission upon the presentation of such affidavits and invoices, written statements, tax exemption certificates or exportation certificates, shall cause to be repaid to such claimant from the taxes collected hereunder, an amount equal to the taxes so paid by the claimant; provided further, however, that application for refund, together with the necessary supporting evidence as provided by this paragraph must be filed with the tax commission within six (6) months from the date of purchase; otherwise all rights to such refunds shall be forfeited; and provided further, that the tax commission shall have the right if it so desires, in order to establish the validity of any claim, to examine the books and records of the claimant for such purpose, and the failure upon the part of the claimant to accede to such demand shall constitute a waiver of all right to the refund claimed on the account of the transactions questioned.
κ1951 Statutes of Nevada, Page 209 (CHAPTER 147, SB 127)κ
refund shall execute and furnish to the tax commission certificate of exportation on such form as may be prescribed by the tax commission, and said tax commission upon the presentation of such affidavits and invoices, written statements, tax exemption certificates or exportation certificates, shall cause to be repaid to such claimant from the taxes collected hereunder, an amount equal to the taxes so paid by the claimant; provided further, however, that application for refund, together with the necessary supporting evidence as provided by this paragraph must be filed with the tax commission within six (6) months from the date of purchase; otherwise all rights to such refunds shall be forfeited; and provided further, that the tax commission shall have the right if it so desires, in order to establish the validity of any claim, to examine the books and records of the claimant for such purpose, and the failure upon the part of the claimant to accede to such demand shall constitute a waiver of all right to the refund claimed on the account of the transactions questioned.
Motor vehicle fuel carried out of this state to an amount not exceeding twenty-five (25) gallons in the fuel tank or tanks of such motor vehicle shall not be deemed to be exported for the purposes of this section.
All claims for refunds under this section shall be paid from the Nevada state highway fund upon claims presented by the said tax commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
________
Assembly Bill No. 279Mr. Francovich
CHAPTER 148
AN ACT relating to child-care establishments; making the obtaining of child care in such establishment with intent to defraud the keeper or proprietor a misdemeanor and prescribing punishment therefor; enumerating acts constituting prima-facie evidence of intent to defraud; providing for sale of baggage or property left on removal or abandonment of a child and for disposition of the proceeds of such sale.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The term care, as used in this act, shall include board, laundry, lodging, teaching, necessary articles of apparel or clothing, and necessary medical, nursing or hospital service for which a child-care establishment is or may be held liable, together with incidental materials and supplies.
Sec. 2. The term child-care establishment, as used in this act, shall include any childrens home, day nursery, kindergarten, nursery school, or similar establishment or place however designated, maintained or operated for the care of children, for compensation or hire.
Sec. 3. (a) Any person who shall obtain care for any child in any child-care establishment, as hereinafter defined, with intent to defraud the keeper or proprietor of such establishment, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $500 or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
κ1951 Statutes of Nevada, Page 210 (CHAPTER 148, AB 279)κ
child-care establishment, as hereinafter defined, with intent to defraud the keeper or proprietor of such establishment, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $500 or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
(b) This section shall not apply where there has been an agreement in writing for delay in payment for a period exceeding ten days.
Sec. 4. The obtaining of care for a child in a child-care establishment by means of any false pretense or representation, knowingly made, or the refusal or willful neglect to pay for such care, or the giving in payment for such care of any negotiable paper on which payment is refused, or the removal of a child from such establishment without paying or offering to pay for its care, or the surreptitious removal or attempt to remove a child from such establishment, shall be prima-facie evidence of intent to defraud the keeper or proprietor of such establishment.
Sec. 5. Whenever any person shall remove a child from a child-care establishment, or shall abandon a child in such establishment for a period of three months, it shall be lawful for the keeper or proprietor of such establishment to sell or cause to be sold at public auction any baggage or property left at such establishment. Such sale shall be made in the manner provided by law for the sale of baggage and other property by the proprietor of a hotel or lodging house. The proceeds of such sale, after payment of any indebtedness due for care of such child and the costs of sale, shall be paid over to the county treasurer to be held by him for a period of six months for the benefits of the owner thereof, at which time, if the same be not paid to the owner or some person legally entitled thereto, shall be transferred to the school fund of the county.
Sec. 6. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 164Mr. McCuistion
CHAPTER 149
AN ACT to amend an act entitled An act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their powers and duties, prescribing their compensations, and providing penalties for the violation hereof, approved March 25, 1919, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being section 3871-3902, 1929 N. C. L. 1949 Supp., is hereby amended to add section 32, to read as follows:
Section 32. Any funds appropriated to the state board of sheep commissioners by the legislature of the State of Nevada may, unless otherwise specifically provided by the legislature, be used by the said state board of sheep commissioners to aid the sheep industry of Nevada in controlling losses of sheep from predatory animals.
κ1951 Statutes of Nevada, Page 211 (CHAPTER 149, AB 164)κ
otherwise specifically provided by the legislature, be used by the said state board of sheep commissioners to aid the sheep industry of Nevada in controlling losses of sheep from predatory animals.
________
Assembly Bill No. 166Mr. Francovich
CHAPTER 150
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 relative thereto, approved March 15, 1947, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 34 of the above-entitled act, being section 6084.44, N. C. L. 1949, is hereby amended to read as follows:
Section 34. New School Districts-Creation of from Unorganized Territory-Annexation of Unorganized Territory to an Organized School District.
The board of county commissioners of each of the several counties of the state is hereby authorized and empowered to create new school districts from unorganized territory, or to annex unorganized territory to a regularly organized school district, when there shall have been presented to it from the parents or guardians of five (5) or more resident children, a certified petition, duly approved by the deputy superintendent of public instruction of the educational supervision district in which such unorganized territory is located, which petition shall contain the names and ages of all children then residing within such unorganized territory and which shall accurately describe the boundaries of the proposed district, or the area to be annexed, as the case may be, such boundaries to conform, when practicable, with the lines of the government surveys, provided, that any unorganized territory annexed to an existing school district under the provisions of this section shall be limited in area to twenty-five (25) square miles, and provided further, that the annexation of such unorganized territory shall not increase the area and/or size of the existing school district beyond the limits established for school districts as set forth in section 6084.47, 1929 N. C. L. 1949 Supp.
________
κ1951 Statutes of Nevada, Page 212κ
Assembly Bill No. 267Committee on Judiciary
CHAPTER 151
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 296 of the above-entitled act, being section 8794, N. C. L. 1929, is hereby amended so as to read as follows:
Section 296. A judgment is the final determination of the rights of the parties in the action or proceeding.
In all cases in which there shall exist any conflict or discrepancy between the oral pronouncement of the court or the minute order entered by the clerk, pursuant to order of court, on the one hand, and the written order or judgment or decree on the other hand, the written order, judgment or decree shall control.
Sec. 2. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 6Mr. Francovich
CHAPTER 152
AN ACT defining and regulating the practice of dentistry and dental hygiene; providing for the appointment of a state board of dental examiners, defining its powers and duties; providing penalties for the violation of this act; repealing certain acts in conflict herewith and other matters properly relating thereto.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Short Title. This act shall be known and may be cited as The Nevada Dental Act.
Sec. 2. Definitions.
(a) Practice of Dentistry. Any person shall be deemed to be practicing dentistry who uses words or any letters or title in connection with his or her name which in any way represents him or her as engaged in the practice of dentistry, or any branch thereof, or who advertises or permits to be advertised by any media that he can or will attempt to perform dental operations of any kind, or who shall diagnose, profess to diagnose, or treat or profess to treat any of the diseases or lesions of the oral cavity, teeth, gums or the maxillary bones, or shall extract teeth, or shall correct malpositions of the teeth or jaws, or shall take impressions, or shall supply artificial teeth as substitutes for natural teeth, or shall place in the mouth and adjust such substitutes, or do any practice included in the curricula of recognized dental colleges, or administer or prescribe such remedies, medicinal or otherwise, as shall be needed in the treatment of dental or oral diseases, or shall use an X-ray for dental treatment or dental diagnostic purposes; provided, however, that nothing in this section shall prevent a qualified dental assistant or X-ray technician from making radiograms or X-ray exposures, for diagnostic purposes only, and nothing in this section shall prohibit the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written prescription of a licensed dentist, nor prevent students from performing dental operations, under the supervision of competent instructors within a dental school or college or dental department of a university or college recognized by the Nevada state board of dental examiners, nor shall it prevent a licensed dentist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention, or dental college.
κ1951 Statutes of Nevada, Page 213 (CHAPTER 152, AB 6)κ
such substitutes, or do any practice included in the curricula of recognized dental colleges, or administer or prescribe such remedies, medicinal or otherwise, as shall be needed in the treatment of dental or oral diseases, or shall use an X-ray for dental treatment or dental diagnostic purposes; provided, however, that nothing in this section shall prevent a qualified dental assistant or X-ray technician from making radiograms or X-ray exposures, for diagnostic purposes only, and nothing in this section shall prohibit the performance of mechanical work, on inanimate objects only, by any person employed in or operating a dental laboratory upon the written prescription of a licensed dentist, nor prevent students from performing dental operations, under the supervision of competent instructors within a dental school or college or dental department of a university or college recognized by the Nevada state board of dental examiners, nor shall it prevent a licensed dentist from another state or country from appearing as a clinician for demonstrating certain methods of technical procedures before a dental society or organization, convention, or dental college.
(b) Dishonorable or Unprofessional Conduct. The words dishonorable and unprofessional conduct, as used in this act, are hereby declared to include:
1. Conviction of a felony or misdemeanor involving moral turpitude, or conviction of any criminal violation of this act; or
2. Employing, directly or indirectly, any student or any suspended or unlicensed dentist to perform operations of any kind in treating or correction of the teeth or jaws, except as heretofore provided in this act; or
3. The publication or circulation, directly or indirectly of any fraudulent, false, or misleading statement as to the skill or method of practice of any dentist; or
4. The use of advertising in which reference is made to any anesthetic, drug, formula, material, medicine, method or system used or to be used; or the advertising of the performance of any dental operation without causing pain; or the advertising of any free dental service or examination as an inducement to secure dental patronage; or the advertising of price, cost, charge, fee, or terms of credit for the services performed, or to be performed, or for material used, or to be used, by any person engaged as principal or agent in the practice of dentistry; or the advertising of a guarantee for any dental services; or the advertising of artificial teeth or dentures with or without the use of any representation of a tooth, teeth, bridgework, or denture, or of any portion of the human head, or the exhibition or use of specimens of dental work, large display signs, glaring light signs, electric or neon, or any signs, posters, or other media calling attention of the public to any person engaged in the practice of dentistry; provided, however, that any person taking up or retiring from the practice of dentistry, changing his place of business or business telephone, or who intends to absent himself from, or return to, his place of business, may advertise such fact in a newspaper for not more than three successive publications, which advertisement shall not exceed 2 column inches; or
κ1951 Statutes of Nevada, Page 214 (CHAPTER 152, AB 6)κ
5. The claiming or inferring of professional superiority over neighboring practitioners; or
6. The giving of a public demonstration of skill or methods of practicing upon or along the streets or highways or any place other than the office where the licensee is known to be regularly engaged in his practice; or
7. Fraud or misrepresentation in connection with the securing of a license; or
8. Willful or repeated violations of the rules of the board of health; or
9. Division of fees, or agreeing to split or divide the fees received, for services with any person for bringing or referring a patient, without the knowledge of the patient or his legal representative; provided, however, that this shall not be construed to forbid licensed dentists from practicing in a partnership and sharing professional fees, or to forbid a licensed dentist from employing another licensed dentist or dental hygienist; or
10. Employing, procuring, inducing, aiding, or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry; provided, that the patient practiced upon shall not be deemed as an accomplice, employer, procurer, inducer, aider, or abetter within the meaning of this act; or
11. Professional connection or association with, or lending his name to, anyone who is engaged in the illegal practice of dentistry; professional connection or association with any person, firm or corporation holding himself, themselves, or itself out in any manner contrary to this act; or
12. Use of the name clinic, institute, or other title or designation that may suggest a public or semipublic activity; or
13. Failure to pay license fees; or
14. Chronic or persistent inebriety, or addiction to drugs, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession; or
15. Willful negligence in the practice of dentistry or dental hygiene; or
16. Practice by a dental hygienist in any place not authorized by this act; or
17. Practicing while his license is suspended or without a renewal certificate; or
18. Practicing under a false or assumed name.
The enumeration of these acts shall not be construed as a complete definition of dishonorable or unprofessional conduct, nor as authorizing or permitting the performance of other and similar acts, or as limiting or restricting the board from holding that other or similar acts constitute unprofessional or dishonorable conduct.
(c) Illegal Practice. Any person shall be guilty of illegal practice of dentistry who:
1. Shall sell or barter, or offer to sell or barter, any diploma or document, conferring or purporting to confer any dental degree, or any certificate or transcript, made or purporting to be made, pursuant to the laws regulating the license and registration of dentists; or
κ1951 Statutes of Nevada, Page 215 (CHAPTER 152, AB 6)κ
document, conferring or purporting to confer any dental degree, or any certificate or transcript, made or purporting to be made, pursuant to the laws regulating the license and registration of dentists; or
2. Shall purchase or procure by barter any such diploma, certificate or transcript, with intent that the same shall be used as evidence of the holders qualification to practice dentistry, or in fraud of the laws regulating such practice; or
3. Shall, with fraudulent intent, alter in a material regard any such diploma, certificate or transcript; or
4. Shall use or attempt to use any such diploma, certificate or transcript, which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license or color of license to practice dentistry, or in order to procure registration as a dentist; or
5. Shall practice dentistry under a false or assumed name; or
6. Shall assume the degree of Doctor of Dental Surgery or Doctor of Dental Medicine or shall append the letters D.D.S. or D.M.D. to his name, not having duly conferred upon him, by diploma from a recognized dental college or school legally empowered to confer the same, the right to assume such title; or shall assume any title, or append any letters to his name, with the intent to represent falsely that he has received a dental degree or license; or
7. Shall in an affidavit, required by an applicant for examination, license, or registration, under this act, willfully make a false statement in a material regard; or
8. Shall within then 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 dentistry in the office of said 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 and said employee are and have been practicing dentistry, but said affidavit shall not be used as evidence against such person in any proceeding under this act; or
9. Shall practice dentistry in the state without a license; or
10. Shall aid or abet another in violating any of the provisions of this act.
(d) Board, as used in this act, shall mean the board of dental examiners of Nevada.
(e) Dental hygiene, as used in this act, shall mean the treatment of human teeth by removing from the surface thereof calcareous deposits and stains, by removing accumulated accretions from directly beneath the normal free margin of the gums, and by polishing the exposed surface of the teeth; provided, that nothing in this act shall be construed as affecting the practice of medicine or the practice of dentistry, as provided by law.
(f) Dental hygienist, as used in this act, shall mean any person who practices dental hygiene.
(g) License shall mean a certificate issued by the board to any applicant upon completion of requirements for admission to practice either dental hygiene or dentistry, or any of the special branches of dentistry, as provided by such license.
κ1951 Statutes of Nevada, Page 216 (CHAPTER 152, AB 6)κ
(h) Renewal certificate shall mean the annual certificate of renewal of a license issued by the board.
Sec. 3. Penalty. Any person who shall engage in the illegal practice of dentistry in this state as in this act defined, or who practices or offers to practice dental hygiene in this state without a certificate, or who, having such certificate, practices dental hygiene in a manner or place not permitted by the provisions of this act, shall be guilty of a misdemeanor.
Sec. 4. Board of Dental Examiners. Appointment; Term; Removal. The board of dental examiners of Nevada shall consist of five members each appointed by the governor for a term of four years, and until his successor is appointed and qualified. The members of the board in office at the time of the passage of this act shall remain in office until their successors are appointed and qualified.
Eligibility. Members of the board shall have been actual residents of, and legally and ethically engaged in the practice of dentistry in this state for a period of five years at the time of appointment; shall be graduates of a dental college recognized by the council on dental education of the American dental association; and shall not be employed by or interested in, financially or otherwise, any dental college, laboratory, institution or supply business.
Vacancies. Vacancies in the board shall be filled by the governor within thirty days after such vacancy has been created.
Removal. The governor shall remove from office any member of the board for continued neglect of duty, for incompetency, or for dishonorable or unprofessional conduct as defined in this act.
Officers. The board shall elect, at the first regular meeting of each year, from its membership, one of its members president and one secretary-treasurer, each of whom shall hold office for one year and until his successor is elected and qualified.
Meetings. The board shall meet in the State of Nevada for the purpose of examining applicants during the month of June of each year and also during the first week of December of each year, provided at least four candidates have filed on or before the first day of November an application for examination at the December meeting.
The board shall also meet at such other times and in such places and for such other purposes as it may deem proper.
Quorum. Three (3) members of the board shall constitute a quorum.
Powers and Duties. In addition to the powers and duties in this act provided, the board shall:
1. Adopt rules and regulations necessary to carry out the provisions of this act.
2. Define the duties of the president and secretary-treasurer.
3. Appoint such committees, examiners, officers, employees or agents, define their duties and incur such expense, as it may deem proper or necessary to carry out the provisions of this act, such expense to be paid as in this act provided.
4. Fix the time and place for, and conduct examinations for the granting of licenses to practice dentistry and dental hygiene.
κ1951 Statutes of Nevada, Page 217 (CHAPTER 152, AB 6)κ
5. Examine applicants for license to practice dentistry and dental hygiene.
6. Collect and apply fees as in this act provided.
7. Keep a register of all dentists and dental hygienists licensed in the state, together with their addresses, license numbers and renewal certificate numbers.
8. Have and use a common seal.
9. Keep such records as may be necessary to report the acts and proceedings of the board, which records shall be open to public inspection.
10. Make an annual report of its proceedings to the governor on or before August 1, as provided in chapter 214, Statutes of Nevada 1949.
11. Fix the amount of the bond to be furnished by the secretary-treasurer.
Compensation. The members of the board shall receive fifteen ($15.00) dollars for each day actually engaged in the duties of their office and actual traveling expenses going to and coming from meetings of the board. The secretary shall receive such compensation as shall be fixed by the board.
All expenses of the board shall be paid from the fees received by the board, and no part thereof shall be paid from the general fund of the state treasury.
Fees. The fees which shall be charged by the board for the performance of the duties imposed upon it by this act shall be as follows:
Examination fee for license to practice dentistry ........ ...................................................................................... $75.00
Examination fee for license to practice dental hygiene ...................................................................................... 50.00
License renewal fee for dentists.................................... 5.00
License renewal fee for dental hygienists.................... 5.00
Dental specialists license ............................................... 50.00
Reinstatement fee for forfeited dental hygiene or dental license ........................................................................ 50.00
Reinstatement fee for suspended dental license ........ 25.00
Such other fees as may be authorized by law.
All fees shall be payable in advance and shall not be refunded.
The annual renewal license fee, herein provided, shall be paid on or before May 1 of each year. Failure to pay such fee to the board by May 1 of each year shall automatically suspend the said license and the same shall be reinstated only upon the payment of the sum of $25.00 in addition to the annual license fee due thereon.
Sec. 5. Licensing Application. Every applicant for a license to practice dental hygiene or dentistry, or any of its special branches, shall file an application with the board on or before May 1 for the examination to be given in June and on or before the first day of November for the examination to be given in December of the year in which the examination is to be given and accompany such application with a recent photograph of himself together with the required examination fee.
κ1951 Statutes of Nevada, Page 218 (CHAPTER 152, AB 6)κ
which the examination is to be given and accompany such application with a recent photograph of himself together with the required examination fee.
Dentists-Eligibility. Any person, (a) over the age of 21 years, (b) who is a citizen of the United States, or who has applied for citizenship and (c) is a graduate of a dental college recognized and indorsed by the board, or who was licensed and practicing dentistry in another state or territory of the United States continuously for a period of five (5) years immediately prior to the filing of his application, shall be eligible to take an examination for a license to practice dentistry in the State of Nevada.
Dentists-Examination. Any person desiring to obtain a license to practice dentistry in this state, after having complied with the rules and regulations of the board under its authority to determine eligibility, shall be entitled to an examination by the board, which examination shall be both theoretical and practical. The theoretical examination shall be in writing and shall include the following subjects: anatomy, physiology, chemistry, materia medica and therapeutics, dental materials, dental histology and pathology, general pathology, operative and prosthetic dentistry, dental medicine, periodontia, treatment planning, roentgenology, and dental jurisprudence; provided, that the board shall recognize a certificate granted by the national board of dental examiners in lieu of such theoretical examination. The practical examination shall also include clinical demonstrations of the applicants skill in operative and prosthetic dentistry. All persons successfully passing such examination shall be registered as licensed dentists on the board register, as provided herein, and shall also receive a certificate of such registration, which certificate shall be signed by the president and secretary of said board.
Specialists License. The board is empowered to establish higher standards for and make additional requirements of any licensee who announces or holds himself out to the public as a specialist or as being specially qualified in any particular branch of dentistry, and may issue a certificate authorizing practice in any particular branch of dentistry to any licensee who has complied with the requirements established by the board for the particular branch of dentistry at the time of making application.
No licensee shall announce or hold himself out to the public as a specialist or as being specially qualified in any particular branch of dentistry, unless he has
(a) Been in the practice of dentistry for three years, or more, prior to making application for certificate to practice as a specialist,
(b) Has proved to the satisfaction of the board
(1) That for a period of not less than one academic year he has pursued an intensive course of study in such branch of dentistry at a university, institution or college of dentistry recognized by the board, or
(2) That in the branch of dentistry to which he wishes to confine his practice he is a member in good standing of a national association, society or group of specialists which is recognized by the board, and
κ1951 Statutes of Nevada, Page 219 (CHAPTER 152, AB 6)κ
society or group of specialists which is recognized by the board, and
(c) Has complied with such other additional requirements as may be established by the board to show his fitness to practice in that specialty of dentistry.
The fact that any licensee shall announce by card, letterhead, or any other printed matter using such terms as specialist, practice limited to, or limited to specialty of, with the name of such branch of dentistry practiced as a specialty, or shall use equivalent words or phrases to announce the same, shall be prima-facie evidence that such licensee is practicing as a specialist.
Issuance of Licenses. As soon as possible after the examination has been given, the board, under rules and regulations adopted by it, shall determine the qualifications of the applicant and shall issue to each person found by the board to have the qualifications therefor, a license which will entitle the person to practice dental hygiene, or dentistry, or any special branch of dentistry, as in such license defined, subject to the provisions of this act.
Limited Licenses. The board shall without examination grant a limited license to practice dentistry or dental hygiene in this state to any graduate of a recognized dental school or school of dental hygiene endorsed by the board, and otherwise qualified in the following cases:
(1) Upon request of the state board of health, with the concurrence of the dental members thereof, to a dentist or dental hygienist to serve the state department of health in such institution or area and with such limited duties, as may be defined in such request;
(2) Upon request of the governing board of any accredited hospital, to a dentist to serve as a dental interne in such institution, with such limited duties as may be defined in such request.
No such limited license shall be granted to any person whose license to practice dentistry or dental hygiene has been revoked or to whom a license has been refused.
Such limited license shall not permit the holder thereof to open an office for private practice or to receive compensation for the practice of dentistry except such salary as may be paid by the State of Nevada, its legal subdivision, or the institution by which he is employed. Such limited license may be revoked by the board at any time, and shall expire by its own limitation six months after the date of its issuance but may be renewed, at the discretion of the board, for a similar period.
Failure and Re-Examination. Any applicant for a license to practice dentistry in this state who shall fail to pass two consecutive examinations of the board shall not be eligible for re-examination within a twelve-month period following.
Sec. 6. Recordation of Certificate. Any person duly licensed to practice dentistry in this state shall, before engaging in the practice of dentistry, and within six months from the date of its issue, cause such certificate to be registered in the office of the clerk of the county or counties in which such person desires to engage in practice. Should such dentist remove to another county, he shall register his certificate in the clerks office of such county before engaging in practice in that county.
κ1951 Statutes of Nevada, Page 220 (CHAPTER 152, AB 6)κ
county. The fee shall be 25 cents for such registration. The failure of any such person to so register his said certificate, as herein provided, shall work a forfeiture of the certificate, and the same shall not be reinstated except upon the payment to the board of the sum as in this act provided.
Sec. 7. Dental Hygienists. Eligibility. Any person of (a) good moral character, (b) over eighteen years of age, (c) a citizen of the United States or who has applied for citizenship, (d) a graduate of an accredited high school, and (e) has successfully completed training in a school of dental hygiene approved by the board, or who has successfully completed two years training in a dental college or dental infirmary approved by the board, shall be eligible to take an examination for a license to practice dental hygiene in the State of Nevada.
Examinations. Any person desiring to obtain a license to practice dental hygiene, after having complied with the rules and regulations of the board under its authority to determine eligibility, shall be entitled to an examination by the board upon such subjects as the board may deem necessary, which examination, however, shall include the following subjects: elements of inorganic chemistry; physiology; anatomy; bacteriology; principles of nursing and hygiene; anesthesia; radiography; materia medica; dental histology; and a practical examination in the removal of deposits from, and the polishing of, the exposed surface of the teeth. The examination shall be (a) written, oral, or a combination of both, and (b) practical, as in the opinion of the board will be necessary to test the qualifications of the applicant.
Sec. 8. Renewal Certificates. On or before the first of May next following the obtaining of a license to practice dental hygiene or dentistry, or any special branch of dentistry, and in May of each year thereafter, the holder of such license, upon payment of the fee provided therefor, shall obtain from the board a renewal certificate, which renewal certificate shall authorize the holder of a license certificate to continue his practice in the State of Nevada for the current fiscal year.
Sec. 9. Restoration of License. Any person who has obtained from the board a license certificate to practice dental hygiene or dentistry, or any special branch of dentistry, in the State of Nevada, and who shall fail to obtain a renewal certificate for any year, shall, before resuming the practice in which he was licensed make application to the secretary of the board, under such rules as the board may prescribe, for the restoration of such license to practice, and upon such application being made, the secretary shall determine whether such applicant possesses the qualifications prescribed for the granting of a license to practice in his particular profession, and whether the applicant continues to possess a good moral character and is not otherwise disqualified to practice in the State of Nevada, and if so thereupon issue such license for the current fiscal year, and thereafter such person shall have the right to make application annually for a renewal certificate, as hereinabove provided.
Sec. 10. Revocation or Refusal of License or Renewal Certificate. The board may refuse to issue any license or revoke or suspend any license or renewal certificate, issued by it, of any person, upon proof satisfactory to the board that such person has engaged in the illegal practice of dentistry or dental hygiene, or has been guilty of unprofessional conduct, as defined in this act.
κ1951 Statutes of Nevada, Page 221 (CHAPTER 152, AB 6)κ
license or renewal certificate, issued by it, of any person, upon proof satisfactory to the board that such person has engaged in the illegal practice of dentistry or dental hygiene, or has been guilty of unprofessional conduct, as defined in this act.
Sec. 11. Hearing. The board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension, or revocation of a license or certificate under this act, investigate the actions of any person holding a certificate. The board shall, before refusing to issue, suspend, or revoke any certificate, at least ten days prior to the date set for the hearing, notify in writing the applicant or the holder of such certificate of any charges made, and shall afford such accused person an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of the same personally to the accused person or by mailing the same by registered mail to the place of business last theretofore specified by the accused person, as registered with the board. At the time and place fixed in the notice, the board shall proceed to hear the charges and both the accused person and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence, and argument as may be pertinent to the charges or to the defense thereto. The board shall have the power to swear witnesses, take testimony under oath and compel the attendance of witnesses by subpena. If the board is not sitting at the time and place fixed in the notice, or at the time and place to which the hearing has been continued, the board shall continue such hearing for a period not to exceed thirty days.
Any such accused person shall have the right to appeal to the courts of the State of Nevada from any ruling of the board which may be adverse to the accused.
Sec. 12. Dental Hygienists-Place of Practice. The holder of a license or current renewal certificate to practice dental hygiene shall have the right to be employed to practice dental hygiene in this state in the following places only:
(a) In the office of any duly licensed dentist;
(b) In a clinic or in clinics in the public schools of this state as an employee of the state board of health;
(c) In a clinic or in clinics in a state institution as an employee of the institution;
(d) In a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of such hospital, and under the direct supervision of a member of the dental staff.
A dental hygienist in private practice shall practice only under the direct supervision of a dentist licensed in the State of Nevada. No dentist in private practice shall employ more than two dental hygienists at one and the same time.
Sec. 13. Exemptions. Nothing in this act shall apply to a legally qualified physician or surgeon unless he practices dentistry as a specialty, nor to a dental surgeon of the United States army, navy, public health service, coast guard, or veterans bureau in the discharge of his official duty.
κ1951 Statutes of Nevada, Page 222 (CHAPTER 152, AB 6)κ
health service, coast guard, or veterans bureau in the discharge of his official duty.
Sec. 14. Previous Licenses. All licenses and renewal certificates heretofore issued by the board and in force at the time this act takes effect shall remain in force subject to the provisions of this act, and entitle the holders to practice their profession as therein designated.
Sec. 15. For the purpose of this act, the use of the word person shall include person, firm, association and corporation, and the use of the masculine gender shall include the masculine, feminine, and neuter genders.
Sec. 16. 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 every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.
Sec. 17. Repealing Certain Acts. Those certain acts of the legislature of the State of Nevada 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, as amended, and An act supplemental to 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, as amended, and An act to authorize the board of dental examiners of Nevada to issue, modify, and revoke temporary licenses to practice dentistry within therein particularly designated parts of the state, to make lawful and regulate the practice of dentistry under such temporary licenses, and to fix the date of the expiration hereof, approved February 16, 1943, as amended, and An act defining and regulating the practice of dental hygiene; providing for the issuance and revocation of licenses to practice dental hygiene; providing penalties for the violation thereof; and repealing acts and parts of acts in conflict therewith, approved March 27, 1947; and An act authorizing the board of dental examiners to issue permanent licenses for the practice of dentistry in the State of Nevada, and other matters properly related thereto, approved March 31, 1947, and also all other acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 18. This act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 223κ
Assembly Bill No. 156Mr. Primeaux
CHAPTER 153
AN ACT to amend an act entitled An act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 182 of the above-entitled act, being section 9882.182 of 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 182. At the time appointed, the court shall hear the petition and any objection thereto that may have been presented; and if the court is satisfied that it will be to the advantage of the estate, it shall make an order authorizing and directing the executor or administrator to make such lease. The order shall set forth the minimum rental or royalty and the period of the lease which must not be longer than ten years, except as otherwise herein provided with respect to a lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances. The order may authorize other terms and conditions, including, with respect to a lease for the purpose of production of minerals, oil, gas, or other hydrocarbon substances, a provision for the payment of rental and royalty to a depositary, and for the appointment of a common agent to represent the interest of all the lessors, and, if the lease is for the purpose of production of oil, gas or other hydrocarbon substances, including a provision for the payment of a compensatory royalty in lieu of rental and in lieu of drilling and producing operations on the land covered by the lease, and including a provision empowering the lessee to enter into any agreement with lessees, operators or owners of other lands for the purpose of bringing about the cooperative development and operation of all or parts of the field of which the leased land is a part, or for the development and operation of all or parts of said field as a unit. If the lease covers additional property owned by other persons or an undivided interest of the decedent, or other interest of the decedent less than the entire ownership in the property, it may provide for division of rental and royalty in the proportion that the land or interest of each owner bears to the total area of the land or total interests covered by such lease. A lease for the purpose of production of minerals, oil, gas or other hydrocarbon substances may be for a fixed period, and so long thereafter as minerals, oil, gas or other hydrocarbon substances are produced in paying quantities from the property leased or mining or drilling operations are conducted thereon and, if the lease provides for the payment of a compensatory royalty, so long as such compensatory royalty is paid, and, if the land covered by the lease is included in an agreement with lessees, operators or owners of other lands for cooperative development or unit operation of a larger area including the leased lands, so long as oil, gas or other hydrocarbon substances are produced in paying quantities from any of the lands included in any such agreement or drilling operations are conducted thereon.
κ1951 Statutes of Nevada, Page 224 (CHAPTER 153, AB 156)κ
hydrocarbon substances are produced in paying quantities from any of the lands included in any such agreement or drilling operations are conducted thereon. A certified copy of the order shall be recorded in the office of the recorder of every county in which the leased land, or any portion thereof, lies.
Sec. 2. This act shall take effect immediately after its passage and approval.
________
Assembly Bill No. 273Committee on Roads and Transportation
CHAPTER 154
AN ACT authorizing the state highway department, and the governing bodies of cities and counties, to permit the moving of certain types of vehicles and equipment over roads and highways, providing penalties for violation, and other matters relating thereto.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state highway department with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, at their discretion, upon application in writing authorize the applicant to operate or move a vehicle, combination of vehicles, or special mobile equipment of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway, but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited hereunder, upon any highway under the jurisdiction of the party granting such permit.
Sec. 2. The application for such permit shall specifically describe the vehicle, vehicles, or special mobile equipment, and load to be operated or moved and the particular highways over which permit to operate is requested, and whether such permit is requested for a single trip or for continuous operation.
Sec. 3. The state highway department or governing body of any city or county is authorized to issue or withhold such permit at its discretion; or, if such permit is issued, to limit the number of trips, or to establish seasonal or other limitations within which the vehicle, vehicles, or special mobile equipment described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation when necessary to prevent undue damage to the road foundations, surfaces or structures, and may require security as may be deemed necessary to protect the highways and bridges from injury, or to provide indemnity for any injury resulting from such operation.
Sec. 4. Every permit, when issued, shall be carried in the vehicle, combination of vehicles, or special mobile equipment to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of the state highway department or any other officer charged with the care or protection of such highways.
κ1951 Statutes of Nevada, Page 225 (CHAPTER 154, AB 273)κ
and shall be open to inspection of any peace officer or traffic officer, any authorized agent of the state highway department or any other officer charged with the care or protection of such highways.
Sec. 5. It shall be unlawful for any person to operate or move any vehicle or equipment designated in section 1 of this act, over any public road or highway without first obtaining such permit, or to violate or evade any of the terms or conditions of such permit when issued, and any person violating any of the provisions of this act shall be guilty of a misdemeanor.
Sec. 6. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 138Mr. Francovich
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 relative thereto, approved March 15, 1947, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 87 of the above-entitled act, being section 6084.97, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 87. Transfer of Pupils and School Funds-Proviso. Any board of school trustees is authorized and empowered to make arrangements with the board of school trustees of another district in the same county for the enrollment of children in either district that may be most convenient for such children whenever the parent or parents, guardian or guardians of such children shall present a written request therefor to the school board of the district in which such children reside, accompanied by a written permit from the school board of the district in which said children desire to enroll. Whensoever the two (2) boards of trustees in interest shall by written agreement authorize and consent to the transfer of said children, thereafter, the attendance of such children shall be credited, for apportionment purposes, to the school district in which, by agreement, their enrollment has been authorized.
________
κ1951 Statutes of Nevada, Page 226κ
Assembly Bill No. 144Mr. Seevers
CHAPTER 156
AN ACT to amend an act entitled, An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith and other matters properly connected therewith, approved March 23, 1933, as amended.
[Approved March 20, 1951]
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 4437.01, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 2. (a) The term motor vehicle when used in this act means any automobile, automobile truck, trailer, automobile tractor, and semitrailer, motor bus, motorcycle, or any other self-propelled or motor driver vehicle, used upon any public highway of this state for the purpose of transporting persons or property.
(b) The term common motor carrier of property when used in this act shall mean any person who holds himself out to the public as willing to undertake for hire to transport by motor vehicle from place to place, either upon fixed route or on-call operations, the property of all who may choose to employ him.
(c) The term contract motor carrier of property when used in this act shall be construed to mean any person engaged in the transportation of property for hire for a particular person or persons to or from a particular place or places under special individual agreement or agreements and not operating as a common motor carrier of property.
(d) The term private motor carrier of property when used in this act shall be construed to mean any person engaged in the transportation by motor vehicle of property sold, or to be sold, or used by him in furtherance of any private commercial enterprise, but such term shall not be construed as permitting the carriage of any property whatsoever for hire.
(e) The term common motor carrier of passengers when used in this act shall be construed to mean any person who holds himself out to the public as willing to undertake for hire to transport by motor vehicle from place to place, either upon fixed route or on-call operations, passengers or passengers and light express for all who may choose to employ him.
κ1951 Statutes of Nevada, Page 227 (CHAPTER 156, AB 144)κ
(f) The term contract motor carrier of passengers when used in this act shall be construed to mean any person engaged in the transportation of passengers for hire for a particular person or persons to or from a particular place under separate agreement or agreements and not operating as a common carrier of passengers.
(g) The term motor convoy carrier when used in this act shall mean any person whether engaged in any of the carrier services hereinbefore defined, or otherwise, who drives or tows by means of another motor vehicle or other motive power or carriers in another motor vehicle, or who drives a single motor vehicle, or causes to be driven, towed, or carried any motor vehicle or vehicles, or causes a single motor vehicle to be so driven, over and along the public highways of this state, when such motor vehicle or vehicles is so driven, towed, or carried for the purpose of selling or offering the same for sale or exchange, or storage prior to sale, or delivery subsequent to sale, or for use in common contract or private carrier service.
The term person when used in this act shall be construed to mean any person, firm, association, partnership, corporation, lessee, trustee, receiver, or company engaged in or intending to engage in the operation of any motor vehicle in any of the carrier services hereinbefore defined.
(h) The term public highway when used in this act shall mean every public street, road, highway, or thoroughfare of any kind used by the public, but shall not include that portion of highways under construction or reconstruction, portions of highways under construction or reconstruction excluded from the term public highway by virtue of this sub-section shall include those sections of highway between the portion under construction or reconstruction and the pits and the sources of materials designated by the Nevada state highway department on the plans and specifications of that particular portion of highway under construction or reconstruction, nor any highway construed by private individuals for the use of a private enterprise, although the same may be used occasionally by persons other than the individuals constructing such highway or who use the same in furtherance of a private enterprise; provided, no public funds are used in the maintenance of such highway in any amount whatsoever.
(i) The term taxicab motor carrier when used in this act shall be construed to mean any person operating a motor vehicle or vehicles designated and/or constructed to accommodate and transport not more than five passengers in number, including the driver, and fitted with taximeters or having some other device, method, or system to indicate and determine the passenger fare charged for distance traveled; provided, that neither common motor carriers of passengers and/or contract motor carriers conducting fixed route operations as hereinbefore defined shall be considered taxicab motor carriers.
(j) Every car being transported through the State of Nevada, or offered for sale within the State of Nevada, which has been convoyed, shall have displayed upon the windshield, and there shall remain upon the windshield thereof until sold, a sticker to be provided by the public service commission, without cost, which shall be in the form to be prescribed by the said public service commission.
κ1951 Statutes of Nevada, Page 228 (CHAPTER 156, AB 144)κ
the windshield thereof until sold, a sticker to be provided by the public service commission, without cost, which shall be in the form to be prescribed by the said public service commission.
________
Assembly Bill No. 205Mr. Fairchild
CHAPTER 157
AN ACT to amend an act entitled An act relating to the administration of the Nevada unemployment compensation division and the Nevada state employment service, and providing for the administration of the unemployment compensation law; creating the employment security department, the employment security council, the office of executive director and a board of review, and providing for other officers and employees; transferring certain funds, records, equipment, and employees to the employment security department; creating a merit examination board and providing for a merit system of personnel administration within the department; defining the powers and duties of all officers, commissions, boards, and employees of said department; repealing sections 10, 11, 12, and 18 of the unemployment compensation law; and other matters relating thereto, approved March 20, 1941, as amended.
[Approved March 20, 1951]
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 section 2825.25e, N. C. L. 1931-1941 Supp., is hereby amended to read as follows:
Sec. 6. (a) Employment Security Council. To assure an impartial development of administrative policies within the department, there is hereby created the Nevada employment security council. The council shall consist of nine men and women. The members of the council shall be appointed by the governor and shall consist of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of such members representing the general public as the governor may designate. The executive director shall be an ex officio member of the council and shall be secretary thereof. The secretary shall receive no compensation for his services on the council, but shall be reimbursed for his necessary traveling and other expenses. The terms of office of the members of the council shall be four years each; provided, that the terms of four of the members first appointed shall be two years each. Regular meetings of the council shall be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman. The members of the council shall be paid at the rate of fifteen dollars ($15) per diem of actual service, and shall be reimbursed for their necessary expenses.
(b) Functions and Duties. The employment security council, standing in the place, and exercising the functions and duties, of a state advisory council shall aid the executive director in formulating policies and discussing problems related to the administration of this act and shall recommend to him such policies as will tend to assure impartiality and freedom from political influence in the solution of such problems.
κ1951 Statutes of Nevada, Page 229 (CHAPTER 157, AB 205)κ
and discussing problems related to the administration of this act and shall recommend to him such policies as will tend to assure impartiality and freedom from political influence in the solution of such problems. The council shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; to investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies. Whenever the council believes that a change in contribution or benefit rates will become necessary to protect the solvency of the unemployment compensation fund, it shall promptly so inform the executive director and make recommendations with respect thereto. The governor may, in his discretion, remove any member of the council for cause.
Sec. 2. Section 7 of the above-entitled act, being section 2825.25f, N. C. L. 1931-1941 Supp., is hereby amended to read as follows:
Section 7. Board of Review. There shall be created a board of review consisting of three members appointed by the governor for terms of four years each. Vacancies shall be filled by appointments by the governor for the unexpired terms. One member shall be representative of labor, one member representative of employers, and one of the public; provided, that the board of review heretofore appointed under the unemployment compensation law shall continue in office until the end of their respective terms unless sooner removed for cause. Each member shall be paid from the unemployment compensation administration fund at the rate of fifteen ($15) dollars per day of active service, together with actual and necessary travel expenses. The governor may, at any time after notice and hearing, remove any member of said board for cause.
________
Assembly Bill No. 128Mr. Capurro
CHAPTER 158
AN ACT to amend an act entitled An act regulating the business of land value insurance in the State of Nevada and regulating the right of corporations heretofore formed under the laws of this state to do a land value insurance business in this state, and providing a method for the formation of corporations under the laws of this state for the purpose of transacting a land value insurance business, and matters relating thereto, approved March 30, 1929.
[Approved March 20, 1951]
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 3618, Nevada Compiled Laws 1929, is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 230 (CHAPTER 158, AB 128)κ
Section 2. No company, corporation, or association organized under the laws of this state, or any other state or government, or firm or individual, shall be permitted to transact a land value insurance business in this state without first complying with the requirements of this act and securing a certificate of authority therefor from the state insurance commissioner. The fee for such license shall be one hundred ($100) dollars per annum, payable on or before the first day of July of each year.
Sec. 2. Section 3 of the above-entitled act, being section 3619, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 3. Every land value insurance company, before issuing any guarantee or policy of land value insurance, shall have a paid-up, unimpaired cash capital equal to one hundred thousand dollars, in United States gold coin, fifty thousand dollars of which shall be deposited with the state treasurer as herein provided as a guarantee fund for the security and protection of all holders of or beneficiaries under such guarantees or policies of insurance. Any such deposit may be made either in lawful money of the United States or in any of the securities hereinafter specified as follows, to wit:
(a) United States bonds or interest bearing notes, or obligations of the United States or those for which the faith and credit of the United States are pledged for the payment of principal and interest;
(b) Bonds of this state or any other state for which the faith and credit of the state so issuing same are pledged for the payment of principal or interest thereon;
(c) Bonds or interest bearing notes or obligations issued under authority of law by any county, municipality, irrigation district, or school district in this state;
(d) Stocks or bonds of any corporation organized under the laws of this state or of any of the United States when such corporation or its stocks or bonds are regulated by the banking laws of this state or of the state under whose laws or authority the said corporation is organized or has issued the said stocks or bonds;
(e) In lieu of the deposit of securities, the state insurance commissioner may accept a surety bond for the sum of the required deposit, executed by a reliable surety company authorized to do business in this state and approved by the insurance commissioner, said surety bond to be conditioned for the payment of any losses which may be sustained by any holder or holders of policies of land value insurance issued by the company so depositing said surety bond, according to the terms of the said policies issued.
Said money or securities shall first be approved by the insurance commissioner, and upon his written order deposited with the state treasurer for the purpose herein specified, and said state treasurer shall give his receipt therefor, and thereafter, subject to the provisions of this section, shall hold such deposit of money or securities for the security and protection of the holders of or beneficiaries under any guarantee or policy of insurance issued by said company, and the state shall be responsible for the custody and safe return of any money or security so deposited.
κ1951 Statutes of Nevada, Page 231 (CHAPTER 158, AB 128)κ
or security so deposited. Said securities or money so deposited may, with the approval of the insurance commissioner, be withdrawn and exchanged from time to time for other securities or lawful money receivable as aforesaid. So long as the company so depositing said money or securities shall continue solvent, it shall have the right and be permitted by the state treasurer to receive interest, rents, and dividends from any security so deposited. Said securities and money shall be subject to sale and transfer and to the disposal of the proceeds thereof by the said state treasurer only on the order of a court of competent jurisdiction and for the security and protection of such guarantees and policies of insurance.
Sec. 3. Section 4 of the above-entitled act, being section 3620, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 4. Before any license to do business in this state is issued to any land value insurance company, there shall be filed in the office of the state insurance commissioner, a certificate of an actuary or statistician that he has examined the actuarial tables of the company making application for such license and that in his opinion the premiums to be charged are adequate to meet the proper reserve. Such premiums shall not be decreased without the permission of the state insurance commissioner. In the case of land value insurance companies organized or operating under the laws of another state, where such actuarial certificate has been filed with the insurance commissioner of another state in which such company is doing business, then a certified copy of such certificate filed with the insurance commissioner of Nevada shall be deemed a compliance with the laws of this state, as to the filing of such certificate.
Sec. 4. Section 6 of the above-entitled act, being section 3622, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 6. Every land value insurance corporation operating within this state shall create and maintain a reserve fund of at least thirty-three and one-third percent of all premiums collected by the corporation, which shall be invested in such securities as are hereinabove specified for the investment of the guarantee fund of such corporation, which fund shall be held intact during the time the policy of insurance from which such premiums are collected shall remain in force. The insurance commissioner may, in his discretion, require the above reserve fund to be deposited with him as a part of the guarantee fund above provided. In lieu of the investment of premiums as above provided, a surety bond in the amount of the required investment, in the kind provided for in section 3, subparagraph (e) herein, may be deposited by such company.
During the first three years of operation of the corporation there shall be maintained a supplemental reserve fund amounting to sixteen and two-thirds percent of all premiums collected. Said supplemental reserve fund shall be invested in such securities as are hereinabove specified for the investment of the guarantee fund of such corporation. After the said three-year period shall have elapsed, upon proper showing by the company that the thirty-three and one-third percent reserve fund is sufficient to amply protect all policy holders of the corporation, the said insurance commissioner may, in his discretion, release any or all of the supplemental reserve fund as herein provided for.
κ1951 Statutes of Nevada, Page 232 (CHAPTER 158, AB 128)κ
fund is sufficient to amply protect all policy holders of the corporation, the said insurance commissioner may, in his discretion, release any or all of the supplemental reserve fund as herein provided for.
Sec. 5. Section 9 of the above-entitled act, being section 3625, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 9. The forms of all agreements for or policies of land value insurance must first be submitted to and approved by the insurance commissioner. Any written contract or instrument purporting to guarantee the value of any real property shall be deemed a policy of land value insurance.
Sec. 6. Section 10 of the above-entitled act, being section 3626, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 10. No agreement or policy shall be issued by any such corporation until the land to be insured has been appraised by some appraiser or appraisers designated, appointed, or approved by said state insurance commissioner, and a duplicate original of such appraisement, together with the certificate of appraiser or appraisers, certifying that in his or their opinion the amount of land value insurance to be placed thereon is safe and proper, shall have been filed with the said insurance commissioner.
Sec. 7. Section 12 of the above-entitled act, being section 3628, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 12. The insurance commissioner is hereby authorized, whenever he shall deem it necessary, to examine the books, accounts, securities and all property belonging to any land value insurance company incorporated or doing business under the laws of this state, in order to satisfy himself as to the value of the assets of said company and that such company has complied with the provisions of this act, and if he finds that the assets of said company are not of the value of at least one hundred thousand dollars, or that said company is not complying with such provisions, he shall give notice to such company to immediately repair its capital, or fully comply with the terms of this act, and shall refuse or revoke his certificate of authority to such company to do business in this state until such time as said company shall have fully complied therewith. If any such company shall refuse to permit such examination, the insurance commissioner shall refuse or revoke his certificate of authority to such company. The insurance commissioner shall have power to examine any officer, agent or employee of such company, under oath, and require answers in writing with reference to the financial condition of said company.
Sec. 8. Section 13 of the above-entitled act, being section 3629, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 13. Any land value insurance company organized under the laws of another state shall be permitted to engage in the land value insurance business in this state when it can show to the insurance commissioner, by the reports of the insurance commissioner, or insurance officer of some other state having a department regulating the business of land value insurance, or by a certificate of such insurance officer, that said corporation is possessed of a paid-up, unimpaired cash capital of at least one hundred thousand dollars, and has complied with the requirements of the department regulating land value insurance in said state; provided, however, that when the requirements of the department regulating the business of land value insurance in any foreign state shall be less favorable to any land value insurance policy holder than the requirements prescribed and imposed by this act, no such certificate or report shall be accepted by the insurance commissioner as sufficient authority for the issuance by him of any certificate of authority to such land value insurance company to do business in this state, and said land value insurance company shall then be required to fully comply with all the provisions of this act as though said company were incorporated under the laws of this state.
κ1951 Statutes of Nevada, Page 233 (CHAPTER 158, AB 128)κ
cash capital of at least one hundred thousand dollars, and has complied with the requirements of the department regulating land value insurance in said state; provided, however, that when the requirements of the department regulating the business of land value insurance in any foreign state shall be less favorable to any land value insurance policy holder than the requirements prescribed and imposed by this act, no such certificate or report shall be accepted by the insurance commissioner as sufficient authority for the issuance by him of any certificate of authority to such land value insurance company to do business in this state, and said land value insurance company shall then be required to fully comply with all the provisions of this act as though said company were incorporated under the laws of this state.
Sec. 9. Section 14 of the above-entitled act, being section 3630, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 14. Not later than thirty days after the passage and approval of this act, any company now engaged in a land value insurance business in this state shall apply to the insurance commissioner for a certificate of authority to transact such business, and shall submit with said application a statement duly sworn to by the proper officers of said company, showing the assets and liabilities of such company, and if said insurance commissioner shall be satisfied that such company has fully complied with the provisions of this act, and is qualified to engage in such business, he shall issue the same, and the admission of any land value insurance company to do business in this state shall not be denied by the insurance commissioner when it makes and tenders a full compliance with the provisions of this act.
Sec. 10. Section 15 of the above-entitled act, being section 3631, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 15. The insurance commissioner shall collect for examining the financial condition of any land value insurance company organized in this state the just and legitimate expenses of such examinations, which shall be paid by said company, and the insurance commissioner shall revoke or refuse his certificate of authority to any company neglecting or refusing to pay such expenses.
Sec. 11. Section 16 of the above-entitled act, being section 3632, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 16. Any officer, director, agent or employee of any such company, who, before obtaining a certificate of authority from the insurance commissioner as herein provided, or after the revocation thereof by said insurance commissioner as also provided herein, shall make any contract or issue any policy of guarantee or insurance affecting values of land, or engage in the land value insurance business in this state, shall be deemed guilty of a misdemeanor and shall be punished accordingly.
Sec. 12. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
κ1951 Statutes of Nevada, Page 234κ
Assembly Bill No. 146Mr. Francovich
CHAPTER 159
AN ACT to establish a procedure for the taking of blood tests in both civil and criminal actions to negative paternity; to provide for the use of such tests in court; to provide for payment of costs therefor; to provide that the refusal to take such tests shall be disclosed upon trial, and other matters properly connected therewith.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Whenever it shall be relevant to the prosecution or the defense in an illegitimacy action, the trial court, by order, may direct that the complainant, her child and the defendant submit to one or more blood tests to determine whether or not the defendant can be excluded as being the father of the child. The result of the test shall be receivable in evidence but only in cases where definite exclusion is established. The tests shall be made by a duly qualified physician, or physicians, or by another duly qualified person, or persons, not to exceed three, to be appointed by the court and to be paid by the county. Such experts shall be subject to cross-examination by both parties after the court has caused them to disclose their findings to the court or to the court and jury. Whenever the court orders such blood tests to be taken and one of the parties shall refuse to submit to such test, such fact shall be disclosed upon the trial unless good cause is shown to the contrary.
Sec. 2. Whenever it shall be relevant in a civil action to determine the parentage or identity of any child, person or corpse, the court, by order, may direct any party to the action and the person involved in the controversy to submit to one or more blood tests, to be made by duly qualified physicians or other duly qualified persons, under such restrictions and directions as the court or judge shall deem proper. Whenever such test is ordered and made the results thereof shall be receivable in evidence, but only in cases where definite exclusion is established. The order for such blood tests also may direct that the testimony of such experts and of the persons so examined may be taken by deposition. The court shall determine how and by whom the costs of such examination shall be paid.
Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 235κ
Assembly Bill No. 212Messrs. McCuistion, Warner, and Fairchild
CHAPTER 160
AN ACT to amend an act entitled An act creating a commission to be known as the Colorado river commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof, and repealing all acts and parts of acts in conflict with this act, approved March 20, 1935, as amended.
[Approved March 20, 1951]
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, the same being section 1443.04, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 4. The members of said commission shall receive as compensation fifteen dollars ($15) for each day actually employed on the work of said commission and their actual and necessary expenses incurred in the performance of their duties; provided, the living expenses of each member or employee shall not exceed ten dollars ($10) per day while necessarily absent from home attending to the business of the commission.
Sec. 2. Section 5 of the above-entitled act, the same being section 1443.05, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 5. Within a reasonable time after the appointment of the members of said commission, the said commission shall meet upon the call of the governor and effect an organization. The commission shall select a secretary and fix his compensation. The commission shall audit all bills and expenses and per diem of its members, and, when the same shall have been certified to by the chairman and secretary, the secretary shall file the same with the state board of examiners for its action, and the same shall be paid out of any moneys appropriated for that purpose.
Sec. 3. Section 6 of the above-entitled act, the same being section 1443.06, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 6. The principal place of business of said commission shall be determined by the commission. The commissioners shall meet at such times and in such places as shall be designated by the chairman; provided, however, that a majority of said commissioners may call a meeting of said commission at any time and place designated by them in a written notice thereof given all members of said commission as herein provided. Notice of all meetings shall be given to each of the members of said commission by the secretary, or otherwise, at least five (5) days before each meeting; provided, that any such notice may be waived by the member or members in writing.
Sec. 4. Section 7A of the above-entitled act, the same being chapter 123, page 444, 1947 Statutes of Nevada, is hereby amended to read as follows:
Section 7A. 1. Notwithstanding anything in this act or in section 7 thereof to the contrary, the commission is hereby authorized to request, on behalf of the State of Nevada, in accordance with general regulations promulgated by the secretary of the interior of the United States May 20, 1941, or to be hereafter promulgated by that officer, for generation and sale of power in accordance with the Boulder canyon project adjustment act, the installation of such generating machinery and equipment, which said commission in its discretion may deem necessary or convenient to meet and serve the future power demands and requirements of the State of Nevada, and said commission is hereby authorized and directed to negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents, and instruments appropriate and requisite to carry such requests into effect; provided, however, that before executing any such request the commission shall secure the written approval of the Nevada state board of control.
κ1951 Statutes of Nevada, Page 236 (CHAPTER 160, AB 212)κ
thereof to the contrary, the commission is hereby authorized to request, on behalf of the State of Nevada, in accordance with general regulations promulgated by the secretary of the interior of the United States May 20, 1941, or to be hereafter promulgated by that officer, for generation and sale of power in accordance with the Boulder canyon project adjustment act, the installation of such generating machinery and equipment, which said commission in its discretion may deem necessary or convenient to meet and serve the future power demands and requirements of the State of Nevada, and said commission is hereby authorized and directed to negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents, and instruments appropriate and requisite to carry such requests into effect; provided, however, that before executing any such request the commission shall secure the written approval of the Nevada state board of control.
2. In the event of the installation of any generating machinery and equipment pursuant to request therefor by the commission, the faith and credit of the State of Nevada hereby is and shall be irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises, and undertakings made or specified to be kept, observed, or fulfilled on the part of said state, in any contract heretofore or hereafter entered into with the United States of America.
Sec. 5. Section 9 of the above-entitled act, the same being section 1443.09, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 9. Said commission shall have power to employ such assistants and employees as may be absolutely necessary to carry into effect the purposes of this act, at reasonable salaries to be fixed by the commission and with such duties as may be prescribed by the commission.
The attorney general of Nevada and his duly appointed assistants and deputies shall be the legal advisers for the commission. In order to compensate the office of attorney general for services rendered, the Colorado river commission of Nevada is hereby directed on or before the first day of each month, to authorize the state controller of Nevada to draw his warrant in the sum of five hundred dollars ($500) in favor of the state treasurer of Nevada, said sum of money to be taken from the Colorado river commission fund. The state treasurer shall place said sum of money in the salary fund of the office of attorney general to be used to partially pay for the services of said attorney generals office; provided, that the mileage and living expenses away from such office at the regular statutory state rate, together with the telephone and telegraph charges incurred by the attorney generals office on behalf of the commission, shall be charged directly against the Colorado river commission fund.
Sec. 6. This act shall become effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 237κ
Assembly Bill No. 158Mr. Primeaux
CHAPTER 161
AN ACT to amend an act entitled An act concerning conveyances, approved November 5, 1861, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 78 of the above-entitled act, being section 1549, N. C. L. 1929, is hereby amended to read as follows:
Section 78. No agricultural or grazing lands within the state shall hereafter be conveyed by lease or otherwise, except in fee and perpetual succession, for a longer period than ten years; no lands chiefly valuable because of mineral or nonmetallic deposits therein shall be so conveyed for a longer period than thirty-five years; nor shall any other lands or real property be so conveyed for a longer period than ninety-nine years. All leases hereafter made contrary to the provisions of this act shall be void as to any periods of time in excess of those above enumerated. This section shall not be applicable to leases for the exploration for and production of oil, gas, and other hydrocarbon substances.
Sec. 2. This act shall be in effect from and after its passage and approval.
________
Assembly Bill No. 129Mr. Capurro
CHAPTER 162
AN ACT to amend an act entitled An act to regulate the business of title insurance in the State of Nevada and matters relating thereto, approved March 11, 1925.
[Approved March 20, 1951]
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 3636, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 1. No company, corporation or association organized under the laws of this state, or any other state or government, or firm or individual, shall be permitted to transact a title insurance business in this state, without first complying with the requirements of this act and securing a certificate of authority therefor from the state insurance commissioner. The fee for such license shall be twenty dollars per annum, payable on or before the first day of March of each year.
Sec. 2. Section 2 of the above-entitled act, being section 3637, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 2. Every title insurance company, before issuing any guarantee or policy of title insurance, shall have a paid-up, unimpaired cash capital equal to one hundred thousand dollars in United States gold coin; fifty thousand dollars of which shall be deposited with the state treasurer, as herein provided, as a guarantee fund for the security and protection of the holders of, or beneficiaries under, such guarantees or policies of insurance.
κ1951 Statutes of Nevada, Page 238 (CHAPTER 162, AB 129)κ
gold coin; fifty thousand dollars of which shall be deposited with the state treasurer, as herein provided, as a guarantee fund for the security and protection of the holders of, or beneficiaries under, such guarantees or policies of insurance. Any such deposit may be made either in lawful money of the United States or in any of the securities hereinafter specified as follows, to wit:
(a) United States bonds or interest bearing notes or obligations of the United States or those for which the faith and credit of the United States are pledged for the payment of principal and interest;
(b) Deeds of trust for real estate (unencumbered), situate within this state, the value of which for the purpose of this act shall not exceed 60% of the actual cash market value of the property conveyed or encumbered thereby, and which deeds of trust shall, at the expense of the company so depositing same, be recorded in the office of the county recorder of the county in which the property thereby conveyed is situated;
(c) Bonds of this or any other state, for which the faith and credit of the state so issuing same are pledged for the payment of principal and interest thereon;
(d) Bonds or interest bearing notes or obligations issued under authority of law by any county, municipality, irrigation district, or school district in this state, or any other state or territory of the United States;
(e) Notes or bonds secured by first mortgage or deeds of trust or other first lien upon real estate, improved or unimproved; provided, that the principal so loaned or the entire note or bond issue so secured shall not exceed 60% of the market value of such real estate, or such real estate with improvements taken as security at the date of investment;
(f) Stocks or bonds of any corporation organized under the laws of this state or the United States when such corporation is regulated by the banking laws of this state or of the United States;
(g) A surety bond for the sum of $50,000 executed by a reliable surety company authorized to do business in this state, and approved by the state insurance commissioner. Said surety bond to be conditioned for the payment of any losses which may be sustained by any holder or holders of policies of title insurance issued by the company so depositing said surety bond by reason of any error or misstatement in said policy or policies of title insurance.
Said money or securities shall be first approved by the state insurance commissioner and, upon his written order, deposited with the state treasurer for the purpose herein specified, and said treasurer shall give his receipt therefor, and thereafter, subject to the provisions of this section, shall hold such deposits of money or securities for the security and protection of the holders of, or beneficiaries under, any guarantee or policy of insurance issued by such company, and the state shall be responsible for the custody and safe return of any money or securities so deposited. Said securities or money so deposited, may, with the approval of the state insurance commissioner, may be withdrawn or exchanged from time to time for other securities or lawful money, receivable as aforesaid.
κ1951 Statutes of Nevada, Page 239 (CHAPTER 162, AB 129)κ
approval of the state insurance commissioner, may be withdrawn or exchanged from time to time for other securities or lawful money, receivable as aforesaid. So long as the company so depositing said money or securities shall continue solvent, it shall have the right and shall be permitted by the state treasurer to receive the interest, rents, and dividends on any securities so deposited. Said securities and money shall be subject to sale and transfer and to the disposal of the proceeds thereof by said state treasurer only on the order of a court of competent jurisdiction and for the security and protection of the holders of such guarantees and policies of insurance.
Sec. 3. Section 3 of the above-entitled act, being section 3638, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 3. The value of any real estate, or mortgage or deed of trust on real property so deposited with the state treasurer under the provisions of this act, shall be appraised by one or more appraisers approved by the state insurance commissioner. Said appraiser or appraisers shall be a resident or residents of the county in which the property or some part thereof is situated. The reasonable cost of making such appraisement shall be paid by the title insurance company making such deposit, and shall not exceed five dollars for each appraiser, not exceeding two, besides the necessary expenses of such appraisers. When any part of the securities so deposited with the state treasurer consists of real estate, or notes or bonds secured by mortgage or deed of trust or in loans upon real property secured by deed of trust, such real estate, mortgages or deeds of trust shall be accompanied by a certificate of a reputable title company doing business in the county in which said real estate or security thereon is situated, showing the title to said real property so deposited, to be vested in said company so depositing the same, free and clear of all encumbrances and defects material thereto, and the said mortgage or deed of trust so deposited to be a first lien on the property covered thereby.
Sec. 4. Section 7 of the above-entitled act, being section 3642, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 7. The state insurance commissioner is hereby authorized, whenever he shall deem it necessary, to examine the books, accounts, securities, and all property belonging to any title insurance company incorporated under the laws of this state, in order to satisfy himself as to the value of the assets of said company and that such company has complied with the provisions of this act, and if he finds that the assets of said company are not of the value of at least $100,000 or that said company is not complying with such provisions, he shall give notice to such company to immediately repair its capital, or fully comply with the terms of this act, and shall refuse or revoke his certificate of authority to such company to do business in this state until such time as said company shall have fully complied therewith. If any such company shall refuse to permit such examination the insurance commissioner shall refuse or revoke his certificate of authority to such company. The insurance commissioner shall have power to examine any officer, agent, or employee of such company, under oath, and require answers in writing, with reference to the financial condition of said company.
κ1951 Statutes of Nevada, Page 240 (CHAPTER 162, AB 129)κ
any officer, agent, or employee of such company, under oath, and require answers in writing, with reference to the financial condition of said company.
Sec. 5. Section 8 of the above-entitled act, being section 3643, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 8. Any title insurance company organized under the laws of another state shall be permitted to engage in the title insurance business in this state when it can show to the insurance commissioner, by the reports of the insurance commissioner or insurance officer of some other state having a department regulating the business of title insurance, or by a certificate of such insurance officer, that said corporation is possessed of a paid-up, unimpaired cash capital of at least one hundred thousand dollars, and has complied with the requirements of the department regulating title insurance in said state; provided, however, that when the requirements of the department regulating the business of title insurance in any foreign state shall be less favorable to any title insurance policy holder than the requirements prescribed and imposed by this act, no such certificate or report shall be accepted by the insurance commissioner as sufficient authority for the issuance by him of any certificate of authority to such title insurance company to do business in this state, and said title insurance company shall then be required to fully comply with all the provisions of this act as though said company were incorporated under the laws of this state.
Sec. 6. Section 9 of the above-entitled act, being section 3644, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 9. Not later than the first day of March of each year, any company now engaged in a title insurance business in this state shall apply to the insurance commissioner for a certificate of authority to transact such business, and shall submit with said application of a statement duly sworn to by the proper officers of said company, showing the assets and liabilities of such company, and if such insurance commissioner shall be satisfied that such company has fully complied with the provisions of this act, and is qualified to engage in such business, he shall issue the same, and the admission of any title insurance company to do business in this state shall not be denied by the insurance commissioner when it makes and tenders a full compliance with the provisions of this act.
Sec. 7. Section 10 of the above-entitled act, being section 3645, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 10. The insurance commissioner shall collect for examining the financial condition of any title insurance company organized in this state, the just and legitimate expenses of such examination, which shall be paid by the said company and the insurance commissioner shall revoke or refuse his certificate of authority to any company neglecting or refusing to pay such expenses.
Sec. 8. Section 11 of the above-entitled act, being section 3646, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 11. Any officer, director, agent or employee of any such company, who, before obtaining a certificate of authority from the insurance commissioner as herein provided, or after the revocation thereof by said insurance commissioner as also provided herein, shall make any contract or issue any policy of guarantee or insurance effecting titles to real estate or engage in the title insurance business in this state, shall be deemed guilty of a misdemeanor and shall be punished accordingly.
κ1951 Statutes of Nevada, Page 241 (CHAPTER 162, AB 129)κ
insurance commissioner as herein provided, or after the revocation thereof by said insurance commissioner as also provided herein, shall make any contract or issue any policy of guarantee or insurance effecting titles to real estate or engage in the title insurance business in this state, shall be deemed guilty of a misdemeanor and shall be punished accordingly.
Sec. 9. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 157Mr. Primeaux
CHAPTER 163
AN ACT to amend an act entitled An act to provide for the appointment of guardians and to prescribe their duties, approved March 11, 1899, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, as amended, being sections 9495 to 9543, inclusive, of 1929 N. C. L. 1941 Supp. and 1949 Supp., is hereby amended by adding a new section thereto to be known as section 50, to read as follows:
Section 50. Leases may be executed by guardians, with respect to the property of their wards, only upon obtaining an order of court authorizing the same. The procedure in connection therewith, the term for which the lease may be authorized, and the provisions which may be included therein must conform, as nearly as may be, to similar proceedings and leases by administrators or executors.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 154Mr. Coulthard
CHAPTER 164
AN ACT making an appropriation to cover an expected deficiency regarding the traveling expenses of the district judges of the State of Nevada in the current biennium.
[Approved March 20, 1951]
Whereas, By section 57 of chapter 125 of the Statutes of Nevada 1949, the district judges of the State of Nevada were allotted a fund for traveling expenses; and
Whereas, The remaining balance on hand allotable to the said traveling expenses fund is only $1,808 until June 30, 1951; and
Whereas, There has occurred an unanticipated and unforseeable amount of traveling by the said district judges; and
Whereas, Said traveling has caused a deficiency that has accrued and will accrue by June 30, 1951, said deficiency being in the amount of $1,500 which is not now supplied by any act; now, therefore,
κ1951 Statutes of Nevada, Page 242 (CHAPTER 164, AB 154)κ
and will accrue by June 30, 1951, said deficiency being in the amount of $1,500 which is not now supplied by any act; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of supplying an additional appropriation to meet said deficiency for the current biennium, there is hereby appropriated the sum of $1,500 from the general fund for the purpose of traveling expenses of the district court judges, to be apportioned by the state board of examiners.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 88Senator Nores
CHAPTER 165
AN ACT to amend an act entitled An act to amend an act entitled An act to provide an excise tax on the distribution of motor vehicle fuel and on the use of any other inflammable or combustible liquids, used to propel motor vehicles on the highways of this state; to provide for the payment and collection thereof; to provide for the licensing of dealers engaged in the distribution of motor vehicle fuel and the filing of bonds by such dealers; to provide for the keeping of records by dealers and retailers of motor vehicle fuel, and the examination thereof; to provide for reports of carriers of motor vehicle fuel and imposing duties on such carriers and on consumers; to provide for the administration and enforcement thereof by the Nevada tax commission and fixing its duties in relation thereto; to fix penalties for the violation of the provisions of this act; to provide for the disposition of the said tax; to provide for refunds; to define certain words, terms and phrases herein; to prohibit political subdivisions from imposing similar taxes; and to repeal all other acts or parts of acts in conflict herewith, approved March 21, 1935, approved March 29, 1949.
[Approved March 20, 1951]
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 2 of chapter 316, Statutes of 1949, is hereby amended to read as follows:
Section 2. This act shall be effective July 1, 1949, and shall expire June 30, 1953.
Sec. 2. This act shall be effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 243κ
Assembly Bill No. 217Messrs. Seevers and Hendel
CHAPTER 166
AN ACT to provide temporary salary raises for the elective officers of Mineral County, State of Nevada; providing for the effective dates hereof; and suspending the operation of certain acts.
[Approved March 20, 1951]
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 Mineral County, State of Nevada, shall be paid the following salaries:
Sheriff............................................................................................. ................................................................................................. $3,900.00
Undersheriff .................................................................................. ................................................................................................. 3,660.00
Assessor ....................................................................................... ................................................................................................. 3,900.00
Deputy assessor .......................................................................... ................................................................................................. 3,000.00
Auditor and recorder ................................................................... ................................................................................................. 3,900.00
Deputy auditor and recorder ...................................................... ................................................................................................. 3,000.00
County clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners.... ................................................................................................... 3,900.00
Deputy clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners.... ................................................................................................... 3,000.00
District attorney ........................................................................... ................................................................................................. 3,300.00
Stenographer ................................................................................ ................................................................................................. 2,700.00
Mineral County commissioners ................................................. ................................................................................................. 1,500.00
Extra help, not to exceed ............................................................. ................................................................................................. 9.00 per day
Additional deputy sheriff, not to exceed.................................. ................................................................................................. 10.00 per day
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 Mineral 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 on June 30, 1953.
________
κ1951 Statutes of Nevada, Page 244κ
Assembly Bill No. 238Clark County Delegation
CHAPTER 167
AN ACT to amend an act entitled An act regulating the procedure for obtaining refund of moneys from the state treasury and from the county treasury under certain circumstances and upon certain conditions, approved March 8, 1923.
[Approved March 20, 1951]
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 section 6639, N. C. L. 1929, is hereby amended to read as follows:
Section 3. The claim for such refund of money must be presented to the board of county commissioners within three years from the time such claim was incurred.
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.
________
Assembly Bill No. 319Special Interim Committee on Colorado River Commission
CHAPTER 168
AN ACT providing the Colorado River commission may secure emergency loans for educational purposes; authorizing the state board of finance to approve and grant such loans and providing the term, conditions and use thereof; and other matters properly relating thereto.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Colorado River commission of Nevada is hereby authorized to apply for emergency loans from the state board of finance in a total sum not to exceed seventy-eight thousand ($78,000) dollars, and the chairman and secretary of the Colorado River commission are empowered to execute the necessary applications and notes for such loans.
Sec. 2. The state board of finance is hereby empowered to loan any available moneys in the state treasury and state trust funds to the Colorado River commission for a period not longer than thirty (30) months and at an interest rate not in excess of six (6%) percent per annum.
Sec. 3. The Colorado River commission of Nevada shall pay the moneys received from such loans to educational district No. 2, Clark County, Nevada, for the use of Basic high school and to Henderson school district, Clark County, Nevada; provided, that the total amount to be paid to educational district No. 2 shall not exceed eighteen thousand ($18,000) dollars, and the total amount to be paid to the Henderson school district shall not exceed sixty thousand ($60,000) dollars for the biennium ending June 30, 1953.
κ1951 Statutes of Nevada, Page 245 (CHAPTER 168, AB 319)κ
Henderson school district shall not exceed sixty thousand ($60,000) dollars for the biennium ending June 30, 1953.
Sec. 4. The emergency loans to be made hereunder are to compensate the educational districts for taxes lost by reason of the ownership of the Basic Magnesium project by the State of Nevada. The Colorado River commission of Nevada shall repay the loans from funds made available to it from the federal government or from the proceeds of the sale and disposal of the Basic Magnesium project. In the event that such funds are not received by the Colorado River commission of Nevada, the full faith and credit of the state is pledged to the repayment of the emergency loans made hereunder and the amount due under such loans shall, at their maturity, be a charge against the general fund of the state.
Sec. 5. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 95Messrs. Higgins and Coulthard
CHAPTER 169
AN ACT to amend an act entitled An act to provide a relief fund in the several counties of the State of Nevada for the needy blind; providing for and prescribing the powers and duties of the boards of county commissioners in every county, approved February 25, 1925, as amended.
[Approved March 20, 1951]
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 is hereby amended to read as follows:
Section 2. Every needy blind person, as defined by the law of this state, claiming relief under this act shall file, at least ten (10) days prior to action on said claims, with the clerk of the board of county commissioners of the proper county, a duly verified statement of the facts bringing him or her within the provisions of this act. The list of claims shall be filed in the order of filing, in a book furnished for that purpose, with the board of county commissioners, and which record shall be open to the public. No certificate for drawing money under this act shall ever be granted until the board of county commissioners shall be satisfied, from the evidence of at least two respectable and reputable citizens, residents of said county, one of whom shall be a duly and regularly licensed practicing physician, that they know the applicant to be blind, or whose eyesight is so impaired as to come under the provisions of this act, and that he or she has the residential qualifications to entitle him or her to the relief asked for, which evidence will be in writing, subscribed by such witnesses, subject to the right of cross-examination by the board of county commissioners or other persons. If the board of county commissioners is satisfied upon such testimony that the applicant is entitled to relief thereunder, they shall issue an order therefor directed to the state controller of the State of Nevada, who shall thereupon draw his warrant against the fund hereby created in the sum of forty dollars ($40) per month for each person for whom such order has been received, and he shall mail any such warrants to the persons designated at the address furnished by the board of county commissioners of the respective counties, and the state treasurer shall pay the same.
κ1951 Statutes of Nevada, Page 246 (CHAPTER 169, AB 95)κ
controller of the State of Nevada, who shall thereupon draw his warrant against the fund hereby created in the sum of forty dollars ($40) per month for each person for whom such order has been received, and he shall mail any such warrants to the persons designated at the address furnished by the board of county commissioners of the respective counties, and the state treasurer shall pay the same.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 220Committee on Mines and Mining
CHAPTER 170
AN ACT to amend an act entitled An act creating the office of inspector of mines; fixing his duties, powers and compensation; providing for the appointment of deputy mining inspectors and fixing their compensation; requiring certain reports and notices of accidents to be made to said inspector and defining the duties of the attorney general and district attorneys in relation to suits instituted by the inspector of mines, approved March 24, 1909, as amended.
[Approved March 20, 1951]
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 4212, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 5. Said state inspector, after notifying the officer in charge, if there be one, shall have full power and authority, at all hours, to enter and examine any and all mines in this state, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings, machinery, open cuts, and open pits for the purpose of such examination; and the owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines shall render the inspector such assistance as may be required by the inspector to enable him to make a full, thorough, and complete examination of each and every part of such mine or mines. Refusal of any owner, lessor, lessee, agent, manager or other person in charge of such mine or mines to allow the inspector, or his deputy, access to the mine or mines or to any part thereof shall be deemed a misdemeanor and, upon conviction, shall be punishable by fine or imprisonment, or both, as prescribed in section 42 of this act.
Whenever, as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise), the inspector shall find such mine or any part of such mine to be in unsafe condition, he shall at once serve, or cause to be served, and post or cause to be posted, in a conspicuous place upon the gallows frame, shaft house or other superstructure, at the collar of the shaft or at the entrance of the tunnel or at the main workings of such mine, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in what particular or particulars the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine or workings safe for the employees therein.
κ1951 Statutes of Nevada, Page 247 (CHAPTER 170, AB 220)κ
shall require all necessary changes to be made, without delay, for the purpose of making said mine or workings safe for the employees therein. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements, or any of them, stated in such notice so served and posted, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, as prescribed in section 42 of this act; and in case of any criminal or civil proceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained because of neglect or refusal to obey the inspectors requirements, a certified copy of the notice served by the inspector shall be prima-facie evidence of the culpable negligence of the party or parties so notified.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 286Committee on Judiciary
CHAPTER 171
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 25 of the above-entitled act, being section 8524, N. C. L. 1929, is hereby amended so as to read as follows:
Section 25. Actions other than those for the recovery of real property, can only be commenced as follows:
Within six years: 1. An action upon a judgment, or decree of any court of the United States, or of any state or territory within the United States.
2. An action upon a contract, obligation, or liability, founded upon an instrument in writing, except those mentioned in the preceding sections.
Within four years: 1. An action on an open account for goods, wares, and merchandise sold and delivered.
2. An action for any article charged in a store account.
3. An action upon a contract, obligation or liability, not founded upon an instrument in writing.
Within three years: 1. An action upon a liability created by statute, other than a penalty or forfeiture.
2. An action for waste or trespass of real property; provided, that when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting such waste or trespass.
κ1951 Statutes of Nevada, Page 248 (CHAPTER 171, AB 286)κ
3. An action for taking, detaining, or injuring personal property, including actions for specific recovery thereof; provided, that in all cases where the subject of the action is a domestic animal usually included in the term livestock, having upon it at the time of its loss a recorded mark or brand, and when such animal was strayed or stolen from the true owner without his fault, the statute shall not begin to run against an action for the recovery of such animal until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession thereof by the defendant.
4. An action for relief on the ground of fraud or mistake; the cause of action in such not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
Within two years: 1. An action against a sheriff, coroner, or constable, upon the liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
2. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to the state, or an individual and the state, except when the state imposing it prescribes a different limitation.
3. An action for libel, slander, assault, battery, false imprisonment or seduction.
4. An action against a sheriff, or other officer, for the escape of a prisoner arrested or imprisoned on civil process.
5. An action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another.
Within one year: 1. An action against an officer, or officers de facto: (a) to recover any goods, wares, merchandise or other property seized by any such officer in his official capacity, as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to, any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making such seizure. (b) For money paid to any such officer under protest, or seized by such officer in his official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
2. Actions or claims against a county, incorporated city or town, which have been rejected by the board of county commissioners, city council, or board of trustees, as the case may be; after the first rejection thereof by such board, city council, or board of trustees.
Sec. 2. This act shall become effective upon its passage and approval, but the changes in existing law made by this act shall apply only to causes of action which shall hereafter accrue.
________
κ1951 Statutes of Nevada, Page 249κ
Assembly Bill No. 281Mr. Folsom
CHAPTER 172
AN ACT providing for the transfer of funds for the payment of salaries of the Nevada state orphans home.
[Approved March 20, 1951]
Whereas, The appropriation made by the 1949 legislature for the payment of salaries of the Nevada state orphans home was not sufficient to meet necessary expenditures for salaries for the biennium ending June 30, 1951; and
Whereas, An emergency exists and a transfer of funds is necessary to continue payment of salaries of the Nevada state orphans home for the balance of the biennium; therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby transferred from the general support fund of the orphans home the sum of one thousand five hundred dollars ($1,500) to the fund established for the payment of salaries of employees of the Nevada state orphans home for the period ending June 30, 1951.
Sec. 2. This act is an emergency measure, and shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 166Senator Johnson
CHAPTER 173
AN ACT to amend an act entitled An act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved March 20, 1951]
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 5 of chapter 43, Statutes of 1875, as amended by section 2 of chapter 198, Statutes of 1945, is further amended to read as follows:
Section 5. On the first Monday in May, 1945, there shall be elected in said city by all the electors thereof one trustee to represent each ward in said city and one trustee to represent the city at large. The term of office for the first trustees so elected shall be: for the first ward, two years; for the second ward, two years; for the third ward, four years; for the fourth ward, four years. The term of office of the trustee at large shall at all times be four years. The term of office of each trustee representing a ward, after the expiration of the aforesaid terms, shall be four years. On the first Monday in May, 1951, and each four years thereafter on said day, there shall be elected in said city by all the electors thereof, three trustees, one of whom shall be the trustee at large and two of whom shall represent their respective wards, and all of whom shall hold office for the ensuing term of four years.
κ1951 Statutes of Nevada, Page 250 (CHAPTER 173, SB 166)κ
in said city by all the electors thereof, three trustees, one of whom shall be the trustee at large and two of whom shall represent their respective wards, and all of whom shall hold office for the ensuing term of four years. On the first Monday in May 1953, and each four years thereafter on said day, there shall be elected in said city by all of the electors thereof, two trustees, both of whom shall represent their respective wards, and both of whom shall hold office for the ensuing terms of four years. The trustee elected to represent each ward shall be an actual resident of the ward he or she is chosen to represent. The trustee at large shall be ex officio mayor of the city and president of the board of trustees.
Whenever any vacancy occurs in the office of any member of the board, the remaining trustees, or a majority thereof, shall fill such vacancy by appointing a qualified person, resident of the proper ward, in each case; provided, they shall fill any vacancy occurring in the office of trustee at large, ex officio mayor and president of the board of trustees, by appointing any qualified resident of any ward in Carson City. Nothing herein shall be construed to prevent any member of the board of trustees from resigning his office in order to become eligible for appointment to fill any vacancy in the office of trustee at large, ex officio mayor and president of the board of trustees. Any trustee appointed to fill any vacancy in the office of any member of the board shall hold such office until the next regular election of trustees, at which time a trustee will be elected to fill the balance of the unexpired term in the event the term extends beyond the date of said election.
Sec. 2. Section 25 of the above-entitled act, being section 25 of chapter 43, Statutes of 1875, as amended by section 3 of chapter 104, Statutes of 1937, is hereby amended to read as follows:
Section 25. The style of all ordinances shall be: The board of trustees of Carson City do ordain: All ordinances, compilations or revised ordinances, and codes of ordinances, before going into effect, shall be published, either by being published in three issues on separate days in a newspaper published in Carson City, or, upon being adopted by the unanimous vote of the board of trustees and so ordered by the unanimous vote of said board, by being posted for the period of three weeks in the office of the city clerk of Carson City, with notice of said posting and title of ordinance or general title of the compilation of revised ordinances or code of ordinances, being given by being published once a week for three successive weeks in a newspaper published in Carson City. All ordinances shall be transcribed in full in the minutes of the board of trustees, and who so transcribed and certified to therein by the city clerk as being a full, true and correct copy of the original ordinance as passed, and as having been duly published as hereinbefore provided, then said minutes may be used as prima-facie evidence of the correctness and due publication of said ordinance. Upon the expiration of the period of publication of any compilation of revised ordinances or code of ordinances, the city clerk shall certify thereon the due publication thereof, and any copy of any section of such compilation of revised ordinances or code of ordinances, duly certified to by the city clerk as a full, true and correct copy of said section, or any copy of such compilation of revised ordinances or code of ordinances, printed under the order of the board of trustees may be used as prima-facie evidence of the correctness and due publication of any such compilation of revised ordinances or code of ordinances, or of any section thereof.
κ1951 Statutes of Nevada, Page 251 (CHAPTER 173, SB 166)κ
any copy of any section of such compilation of revised ordinances or code of ordinances, duly certified to by the city clerk as a full, true and correct copy of said section, or any copy of such compilation of revised ordinances or code of ordinances, printed under the order of the board of trustees may be used as prima-facie evidence of the correctness and due publication of any such compilation of revised ordinances or code of ordinances, or of any section thereof. The style of all civil process shall be: Carson City. The style of all criminal process shall be: Carson City.
Sec. 3. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 268Committee on Judiciary
CHAPTER 174
AN ACT to amend an act entitled An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 651 of the above-entitled act, being section 9140, N. C. L. 1931-1941 Supp., is hereby amended so as to read as follows:
Section 651. The plaintiff in his complaint, which shall be in writing, must set forth the facts on which he seeks to recover, and describe the premises with reasonable certainty and may set forth therein any circumstances of fraud, force, or violence which may have accompanied the alleged forcible entry, or forcible or unlawful detainer, and claim damages therefor, or compensation for the occupation of the premises or both. In case the unlawful detainer charged be after default in the payment of rent, the complaint must state the amount of such rent. The summons shall be issued and served as in other cases, but the court, judge or justice of the peace may shorten the time within which the defendant shall be required to appear and defend the action, in which case the officer or person serving the summons shall change the prescribed form thereof to conform to the time of service as ordered; provided, that where publication is necessary the court shall direct publication for a period of not less than one week. At any time after the filing of the complaint and the issuance of summons, the court, upon application therefor, may issue a temporary writ of restitution; provided, however, that said temporary writ of restitution shall not issue ex parte but only after the issuance and service of an order to show cause why a temporary writ of restitution shall not be issued and after the defendant has been given an opportunity to oppose the issuance of the temporary writ of restitution; and provided further, that said temporary writ of restitution shall not issue until the court has had an opportunity to ascertain the facts sufficiently to enable it to estimate the probable loss to the defendant and fix the amount of a bond to indemnify the party or parties against the temporary writ may be issued; and provided further, that the temporary writ of restitution shall not issue until there has been filed with the approval of the court a good and sufficient bond of indemnification in the amount fixed by the court.
κ1951 Statutes of Nevada, Page 252 (CHAPTER 174, AB 268)κ
issue until the court has had an opportunity to ascertain the facts sufficiently to enable it to estimate the probable loss to the defendant and fix the amount of a bond to indemnify the party or parties against the temporary writ may be issued; and provided further, that the temporary writ of restitution shall not issue until there has been filed with the approval of the court a good and sufficient bond of indemnification in the amount fixed by the court.
Sec. 2. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 200Mr. Houssels
CHAPTER 175
AN ACT to amend an act entitled An act regulating the registration of electors for general, special, and primary elections, approved March 27, 1917, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 18 of the above-entitled act, being section 2377, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 18. The county clerk shall, at least ten days preceding any election, cause to be printed or written, lists of all electors registered and entitled to vote in the individual precincts of such county, and shall forthwith forward to the secretary of state a full, true and correct list of all registered voters with their post-office addresses. Such lists of registered electors shall contain the names of the electors in full.
The expense of printing or writing said lists shall be paid by the county in which the election is held. The county clerk shall cause to be posted, not less than eight days before any election, not less than five copies of such written or printed registry lists in not less than five conspicuous places within the proper precincts, outside of incorporated cities; provided, that the printing or writing shall cost not to exceed ten cents per folio for the printed or written matter of such lists and not to exceed six dollars per thousand for printed or written copies thereof. He shall cause to be published in not to exceed two papers published in different parts of the county, for one insertion, a complete list of all the registered voters of said county, segregated by the precincts; provided, that the cost to the county shall not exceed ten cents per name to each newspaper publishing such notice. He shall furnish to any qualified elector applying therefor copies of any precinct or county lists at a charge of not to exceed ten cents per folio therefor.
________
κ1951 Statutes of Nevada, Page 253κ
Senate Bill No. 155Committee on Livestock
CHAPTER 176
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 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2.9 of the above-entitled act, as amended by section 3 of chapter 134, page 257, Statutes of 1949, 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 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.
(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-
κ1951 Statutes of Nevada, Page 254 (CHAPTER 176, SB 155)κ
(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;
(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;
(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;
κ1951 Statutes of Nevada, Page 255 (CHAPTER 176, SB 155)κ
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.
(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. 2. This act shall become effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 256κ
Assembly Bill No. 272Lyon County Delegation
CHAPTER 177
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 20, 1951]
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.
Sec. 2. The district attorney of Lyon County, Nevada, shall receive a salary of three thousand nine hundred and sixty dollars ($3,960) 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 of Lyon County shall receive the sum of three thousand nine hundred and sixty dollars ($3,960) 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. 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 Lyon County may, subject to the approval of the board of county commissioners, employ one undersheriff who shall receive a salary not to exceed three thousand one hundred and sixty-eight dollars ($3,168) per annum.
Sec. 4. The assessor of Lyon county shall receive a salary of three thousand nine hundred and sixty dollars ($3,960) per annum; provided that when it becomes necessary in the discharge of his official duties for the assessor to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
κ1951 Statutes of Nevada, Page 257 (CHAPTER 177, AB 272)κ
his official duties, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties. The assessor of Lyon County may, subject to the approval of the board of county commissioners, employ a deputy who shall receive a salary not to exceed three thousand one hundred and sixty-eight dollars ($3,168) per annum.
Sec. 5. 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 nine hundred and sixty dollars ($3,960) 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 three thousand one hundred and sixty-eight dollars ($3,168) per annum.
Sec. 6. 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 nine hundred and sixty dollars ($3,960) 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 three thousand one hundred and sixty-eight dollars ($3,168) per annum.
Sec. 7. The county commissioners of Lyon County, Nevada, shall receive the sum of one thousand five hundred dollars ($1,500) 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. 8. All annual salaries herein provided shall be payable semimonthly in twenty-four equal installments.
Sec. 9. 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 eight dollars and eighty cents per day or two hundred sixty-four dollars ($264) per month or three thousand one hundred and sixty-eight dollars ($3,168) per annum, 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.
κ1951 Statutes of Nevada, Page 258 (CHAPTER 177, AB 272)κ
an amount allowed specifically by any act pertaining to any specific duty of any officer.
Sec. 10. Chapter 58, Statutes of Nevada 1923, and chapter 123, Statutes of Nevada 1945, and chapter 145, Statutes of Nevada 1949, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 11. This act shall be in full force and effect from and after April 1, 1951.
________
Assembly Bill No. 57Mr. Chapman
CHAPTER 178
AN ACT to amend an act entitled An act to create a board of chiropractic examiners and to regulate the practice of chiropractic and chiropractic-physiotherapy and to provide penalties for the violation of this act and to prohibit the practice of any other mode or system under the name of chiropractic, approved February 19, 1923, as amended.
[Approved March 20, 1951]
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 1081, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 2. The board shall hold regular meetings to transact business, commencing on the fifteenth day of September and the fifteenth day of December of each year, provided, however, that this day is not a holiday, and then in that event the meeting shall be held on the next preceding day. Special meetings may be called by the president, or by any three members, upon thirty days written notice. All meetings shall be held in the State of Nevada.
Sec. 2. Section 5 of the above-entitled act, being section 1084, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 5. Chiropractic is defined to be the science of palpating and adjusting the articulations of the human spinal column by hand only.
Chiropractic-physiotherapy is defined to be the adjustment of the articulations of the human body by hand and the use of electrical, mechanical, hygienic and sanitary measures, which measures do not pierce or sever the body tissues. Nothing in this act shall be construed to permit a chiropractor or chiropractic-physiotherapist to practice medicine, surgery, obstetrics, osteopathy, dentistry, optometry or chiropody.
Sec. 3. Section 7 of the above-entitled act, being section 1086, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 7. All applicants for a license to practice chiropractic or chiropractic-physiotherapy in Nevada shall be examined semiannually by the board of examiners, as hereinafter provided. Such examinations shall be held commencing on the fifteenth day of March and on the fifteenth day of September of each year at such place or places within the State of Nevada as may be fixed by the board.
κ1951 Statutes of Nevada, Page 259 (CHAPTER 178, AB 57)κ
the fifteenth day of September of each year at such place or places within the State of Nevada as may be fixed by the board.
An applicant for examination in March of any year shall file an application prior to the fifteenth day of February of such year. An applicant for examination in September of any year shall file an application prior to the fifteenth day of August of such year. Applications shall be filed in triplicate with the secretary of said board of examiners, on forms to be furnished by the secretary. Said applications shall be verified, and shall state the following:
(a) When and where the applicant was born, the various places of his residence, and give at least two references in each place in which he has resided since attaining the age of 21 years.
(b) The name, age, sex, and place of residence of the applicant.
(c) The names and post-office addresses of all persons by whom such applicant has been employed for a period of five years immediately preceding the making of such application.
(d) Whether or not the applicant has ever applied for a license to practice chiropractic or chiropractic-physiotherapy in any other state. If so, when and where and the results thereof.
(e) If a naturalized citizen, and when and where naturalized.
(f) How long the applicant has resided in the State of Nevada, whether the applicant is a bona fide resident of Nevada, or whether he came to Nevada for the sole purpose of being admitted to the practice of chiropractic or chiropractic-physiotherapy.
(g) Whether or not the applicant has ever been admitted to the practice of chiropractic or chiropratic-physiotherapy in any other state. If so, and he has been licensed to practice chiropractic or chiropractic-physiotherapy in another state, he shall state whether any discharge, dismissal, disciplinary or other proceedings of a like nature have ever been instituted against him. Such applicant shall also attach a certificate of the secretary of the board of chiropractic examiners of the state in which applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic or chiropractic-physiotherapy profession in that state, and that no proceedings affecting his standing as a chiropractor or chiropractic-physiotherapist are pending and undisposed of.
(h) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether or not he is a graduate of any school or schools.
The applicant must, in addition to the above requirements, furnish satisfactory evidence to the board that he possesses a high school education and is a graduate from a recognized college of chiropractic whose minimum course leading to the degree of doctor of chiropractic consists of not less than 4,000 hours and embracing the following subjects: anatomy, histology, elementary chemistry and toxicology, physiology, bacteriology and pathology, hygiene and sanitation, diagnosis and chiropractic analysis, chiropractic theory and practice, and obstetrics and gynecology.
Any applicant for a license to practice chiropractic-physiotherapy must, in addition to the above requirements, furnish satisfactory evidence to the board that he is a graduate from a recognized school of physiotherapy, or has successfully completed a course in physiotherapy at a recognized college of chiropractic; however, any person of good moral character, licensed by a chiropractic board of any other state or territory where qualifications required are equal to or higher than those required in this act at the date of application may be licensed without examination upon the payment of the fee hereinafter provided; provided, that such foreign state or territory may similarly license without examination an applicant of good moral character licensed by the chiropractic board of the State of Nevada.
κ1951 Statutes of Nevada, Page 260 (CHAPTER 178, AB 57)κ
must, in addition to the above requirements, furnish satisfactory evidence to the board that he is a graduate from a recognized school of physiotherapy, or has successfully completed a course in physiotherapy at a recognized college of chiropractic; however, any person of good moral character, licensed by a chiropractic board of any other state or territory where qualifications required are equal to or higher than those required in this act at the date of application may be licensed without examination upon the payment of the fee hereinafter provided; provided, that such foreign state or territory may similarly license without examination an applicant of good moral character licensed by the chiropractic board of the State of Nevada. Further, any person of good moral character who holds a certificate from the national board of chiropractic examiners may be licensed without examination upon the payment of the fee hereinafter provided.
All applicants for a license to practice chiropractic in the State of Nevada who have not previously been admitted to practice in any other state shall pay to the secretary of the board of examiners the sum of fifty ($50) dollars before being entitled to have their applications considered. Applicants who have been previously licensed to practice chiropractic in any other state shall pay to the secretary of the board of examiners the sum of seventy-five ($75) dollars before being entitled to have their applications further considered. In case the applicant fails the first examination he or she shall be entitled to take a second examination without further charges therefor.
Sec. 4. Section 8 of the above-entitled act, being section 1087, 1929 N. C. L., is hereby amended to read as follows:
Section 8. Such licensees shall be required to pay an annual renewal fee of a minimum of five ($5) and not more than ten ($10) dollars.
All licenses shall be signed by the president and secretary and shall be attested by the official seal of the board. A fee of five ($5) dollars shall be collected before the same is delivered. Licensees shall file their license with the county recorder of the county in which they reside before practicing.
Sec. 5. Section 11 of the above-entitled act, being section 1090, 1929 N. C. L., is hereby amended to read as follows:
Section 11. Upon complaint of the board, after twenty days notice of time and place of hearing has been given to any licensee, if it shall be found that he practices anything other than chiropractic to cure or relieve disease or to remove cause thereof without having a separate license therefor, or, if it be found that he or she no longer possesses good moral character, or is addicted to the use of narcotic drugs, or in any way is guilty of deception or fraud in the practice of chiropractic, his license shall be revoked.
If the accused is aggrieved by the action of the board, he may appeal to the district court on the merits.
The board shall have such additional powers, and 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 chiropractic, either permanently or for a time determined by the board.
κ1951 Statutes of Nevada, Page 261 (CHAPTER 178, AB 57)κ
chiropractic, either permanently or for a time determined by the board. The word unprofessional conduct as used in this act, is hereby declared to mean:
(1) Obtaining a certificate upon fraudulent credentials, or gross misrepresentation;
(2) Procuring, or aiding or abetting in procuring, criminal abortion;
(3) Obtaining a fee on assurance that a manifestly incurable disease can be permanently cured;
(4) Advertising chiropractic business in which grossly improbable statements are made;
(5) Willful disobedience of the law, or of the rules and regulations of the state board of health, or of the rules and regulations of the state board of chiropractic examiners;
(6) 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;
(7) Administering, dispensing, or prescribing any narcotic drug;
(8) 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;
(9) Habitual intemperance or excessive use of cocaine, morphine, codine, 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;
(10) Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public;
(11) 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;
(12) 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 chiropractic as defined under this act.
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, and 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.
κ1951 Statutes of Nevada, Page 262 (CHAPTER 178, AB 57)κ
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 hearing 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 hearings. 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 chiropractic within this state either permanently or temporarily, in the discretion of the 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.
________
κ1951 Statutes of Nevada, Page 263κ
Assembly Substitute for Assembly Bill No. 44Committee on Roads and Transportation
CHAPTER 179
AN ACT to amend an act entitled An act to provide for the licensing and registration of motor vehicles in the State of Nevada, defining the duties of certain officers in connection therewith, prescribing certain rules and regulations, defining certain powers and duties, and other matters properly connected therewith, and repealing all acts or parts of acts in conflict or inconsistent with this act, approved March 19, 1925, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 23 of the above-entitled act, being section 4396, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 23. No vehicle shall be operated nor moved upon any public highway, except upon the following conditions: (1) The maximum weight on any single axle shall not exceed eighteen thousand (18,000) pounds. Every vehicle whether operated singly or in a combination of vehicles, and every combination of vehicles must comply with both subdivisions (a) and (b) of this section. (a) The total gross weight with load imposed on the highway by any group of two or more consecutive axles of a vehicle or of a combination of vehicles where the distance between the first and last axles of said two or more consecutive axles is 18 feet or less, shall not exceed that given for the respective distance in the following table:
Table (a)
Distance Distance
in feet Allowed in feet Allowed
between load in between load in
first and pounds on first and pounds on
last axles group of last axles group of
of group axles of group axles
11................................... 35,700
4.............................. 32,000 12................................... 36,400
5.............................. 32,000 13................................... 37,100
6................................ 32,200 14................................... 43,200
7................................ 32,900 15................................... 44,000
8................................ 33,600 16................................... 44,800
9................................ 34,300 17................................... 45,600
10................................ 35,000 18................................... 46,400
(b) The total gross weight with load imposed on the highway by any vehicle or combination of vehicles where the distance between the first and last axles is more than 18 feet shall not exceed that given for the respective distances in the following table:
κ1951 Statutes of Nevada, Page 264 (CHAPTER 179, AB 44)κ
Table (b)
Allowed Allowed
Distance load in Distance load in
in feet pounds in feet pounds
18................................ 46,400 37................................... 65,450
19................................ 47,200 38................................... 66,300
20................................ 48,000 39................................... 67,150
21................................ 48,800 40................................... 68,000
22................................ 49,600 41................................... 68,000
23................................ 50,400 42................................... 68,000
24................................ 51,200 43................................... 68,000
25................................ 55,250 44................................... 68,000
26................................ 56,100 45................................... 68,000
27................................ 56,950 46................................... 68,800
28................................ 57,800 47................................... 69,600
29................................ 58,650 48................................... 70,400
30................................ 59,500 49................................... 71,200
31................................ 60,350 50................................... 72,000
32................................ 61,200 51................................... 72,800
33................................ 62,050 52................................... 73,600
34................................ 62,900 53................................... 74,400
35................................ 63,750 54................................... 75,200
36................................ 64,600 55................................... 76,000
56 or over 76,800
(a) The distance between axles shall be measured to the nearest even foot. When a fraction is exactly one-half foot the next larger whole number shall be used. The provisions of this section shall not apply to traction engines or tractors, the propulative power of which is exerted, not through wheels resting upon the ground but by means of a flexible band or chain known as a movable track, when the portions of the movable tracks in contact with the surface of the highway presents plan surfaces; provided, that no traction engines or tractors having lugs, grousers, or other mechanical contrivance on its wheels, or track, designed to give tractive effect shall be operated on any highway in this state unless a circular metal band of a width of not less than three (3) inches is placed entirely around the periphery of such wheel or track, such band to serve as a protection against the tearing up or marring of the surface of the highway. (b) Authority for the enforcement of the provisions of section 23 shall be vested in the Nevada highway patrol under the jurisdiction of the public service commission of Nevada. Any officer of the highway patrol having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales in the event such scales are within five miles.
Whenever an officer upon weighing a vehicle and load as above provided determines that the weight is unlawful, such officer may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of such vehicle to those limits permitted under this code.
κ1951 Statutes of Nevada, Page 265 (CHAPTER 179, AB 44)κ
the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of such vehicle to those limits permitted under this code. Provided, however, that the officer may allow the driver of the inspected vehicle to continue on his journey in the event that any overload does not exceed by more than five percent the limitations prescribed herein, and provided further that the penalties provided in this act shall be exercised for the overload violation. All material so unloaded shall be cared for by the carrier of such material and shall be cared for at the expense of the carrier.
Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the highway patrol upon a weighing of the vehicle to stop and otherwise comply with the provisions of this section, or any person, company, association, or corporation, either personally or by his or its agent or employees, who is found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
________
Assembly Substitute for Assembly Bill No. 230Elko County Delegation
CHAPTER 180
AN ACT to amend an act entitled 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 or parts of acts in conflict herewith, approved March 26, 1949.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 150, 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 2. The district attorney of Elko County, Nevada, shall receive a salary of four thousand four hundred ($4,400) 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 may receive a salary in amount to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum; the district attorney of Elko County is hereby authorized and empowered to employ one person to act as his secretary, who may receive as salary an amount to be fixed by the board of county commissioners not to exceed three thousand dollars ($3,000) 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.
κ1951 Statutes of Nevada, Page 266 (CHAPTER 180, AB 230)κ
Sec. 2. Section 3 of the above-entitled act, being chapter 150, 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 3. The sheriff of Elko County shall receive the sum of five thousand dollars ($5,000) 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. 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 may receive a salary in an amount to be fixed by the county commissioners, not to exceed four thousand two hundred dollars ($4,200) per annum; one jailer who may receive a salary to be fixed by the board of county commissioners of not more than three thousand three hundred ($3,300) per annum; and one office deputy who may receive a salary to be fixed by the board of county commissioners in an amount not to exceed three thousand six hundred dollars ($3,600) 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, and such deputy or deputies to serve only as long as said emergency may continue, and shall be paid at the rate of ten dollars per day, but not to exceed three hundred dollars ($300) per month, for services performed in any one month by any such deputy.
Sec. 3. Section 4 of the above-entitled act, being chapter 150, 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 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 four thousand four hundred dollars ($4,400) 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 to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum.
Sec. 4. Section 5 of the above-entitled act, being chapter 150, 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 5. The county recorder in and for the county of Elko, State of Nevada, and ex officio auditor, shall receive the sum of four thousand four hundred dollars ($4,400) 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 to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum.
κ1951 Statutes of Nevada, Page 267 (CHAPTER 180, AB 230)κ
nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum.
Sec. 5. Section 6 of the above-entitled act, being chapter 150, 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 6. The assessor of Elko County, Nevada, shall receive a salary of four thousand eight hundred dollars ($4,800) 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 may receive a salary in an amount to be fixed by the board of county commissioners not to exceed three thousand six hundred dollars ($3,600) 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.
Sec. 6. Section 7 of the above-entitled act, being chapter 150, 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 7. The county treasurer and ex officio tax receiver of Elko County, Nevada, shall receive the sum of four thousand four hundred dollars ($4,400) 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 may receive a salary in an amount to be fixed by the county commissioners not to exceed three thousand six hundred dollars ($3,600) per annum.
Sec. 7. Section 8 of the above-entitled act, being chapter 150, 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 8. The county commissioners of Elko County, Nevada, shall receive the sum of two thousand one hundred dollars ($2,100) 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. 8. Section 10 of the above-entitled act, being chapter 150, 1949 Statutes of Nevada, is hereby amended to read as follows:
Section 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 seventy-five dollars ($275) 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 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.
κ1951 Statutes of Nevada, Page 268 (CHAPTER 180, AB 230)κ
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 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. 9. Any duly elected county official of the county of Elko having a deputy in his office may designate another member of his staff to act as a deputy during such time as such temporary designation and appointment may be deemed advisable by said county official; provided, however, that such temporary deputy shall not receive additional compensation during the assumption of these temporary duties.
Sec. 10. This act shall be in full force and effect from and after July 1, 1951.
________
Assembly Bill No. 277Committee on Ways and Means
CHAPTER 181
AN ACT to repeal an act entitled An act to provide for the payment of a bounty to encourage the boring of wells in searching for oil, and making an appropriation therefor, approved March 24, 1943, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 4314-4314.05, 1929 N. C. L. 1949 Supp., is hereby repealed.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 157Committee on State and County Affairs
CHAPTER 182
AN ACT to allow the destruction of certain obsolete county records.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any law of the State of Nevada to the contrary notwithstanding, it shall be lawful to destroy or otherwise dispose of obsolete records in the office of the several county officers in the manner and according to the time schedule specified in this act.
Sec. 2. The following may be destroyed after audit by the state auditor and any special city auditor, and after the expiration of the time indicated:
κ1951 Statutes of Nevada, Page 269 (CHAPTER 182, SB 157)κ
auditor and any special city auditor, and after the expiration of the time indicated:
Unused poll tax receipts and stubs (5 years).
Sheriffs requisition of licenses and duplicates (5 years).
Duplicate and triplicate bank checks (5 years).
All county, city and school bonds which have been redeemed and retired (10 years).
All old claims against the county except those not affected by limitation (5 years).
All old warrants superseded by checks (5 years).
All old fishing and hunting license books (5 years).
Sec. 3. Before destroying the above records the county auditor shall first obtain the permission of the board of county commissioners and the state auditor.
________
Senate Bill No. 43Senator Johnson
CHAPTER 183
AN ACT to amend an act entitled An act establishing a system of retirement and of benefits at retirement or death for certain officers and employees of the state and its political subdivisions; creating the public employees retirement fund and board, and giving certain powers unto said board; providing and establishing the necessary funds and accounts; providing for the integration of other similar systems within this system; providing for the cost of the system; appropriating money therefor; providing for the superseding and repeal of acts or parts of acts in conflict herewith, and providing a savings clause, and matters properly connected therewith, approved March 27, 1947, as amended.
[Approved March 20, 1951]
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 5230.02, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 2. As used in this act:
1. The term system means the public employees retirement system established by this act.
2. The term public employer means the state, one of its agencies or one of its political subdivisions and irrigation districts created under the State of Nevada.
3. The term employee includes in addition to employees of the State of Nevada and its political subdivisions, public officers, but not persons employed as independent contractors, and shall be deemed to include only those persons in covered, compensable service at any given time as determined by the public employees retirement board.
4. The term salary means the remuneration paid to employees in cash out of public funds in return for his service to the employer plus the monetary value, as determined by the public employees retirement board, of whatever living quarters, board, lodging, fuel, laundry, and other advantages the employer furnishes him in return for his services.
κ1951 Statutes of Nevada, Page 270 (CHAPTER 183, SB 43)κ
board, of whatever living quarters, board, lodging, fuel, laundry, and other advantages the employer furnishes him in return for his services.
5. The term retirement allowance means payment for life derived from contributions of members and public employer.
6. The term police officers and firemen shall include guards at any of the state institutions and firewardens, other than ex officio.
7. The term continuous service means service in public employment of the state and for its political subdivisions participating in the system, in positions subject to the provisions of this act or in positions which would have been subject to this act, not interrupted for five years or more.
8. The term members means qualified participants, both employers and employees, in the retirement system established by this act.
9. The term minimum service retirement age shall mean age 55 for police officers and firemen and age 60 for all other members.
10. The term thirty consecutive days of employment shall mean a period of 30 consecutive days or one calendar month, whichever is lesser, wherein the employee receives compensation for each working day therein.
Sec. 2. Section 8 of the above-entitled act, being section 5230.08, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 8. No person may become a member of the system unless he is in the service of a public employer. All public employers shall participate in, and their employees shall be members of, the system, except as follows: (1) An employee who is a member of, or eligible for membership in, a retirement system established by a public employer prior to the time this act takes effect may not become a member of the system established by this act until the previously established system is integrated with the system established by this act pursuant to the procedure provided by this act.
(2) A political subdivision which employs fewer than five employees each of whose positions require more than 1,200 hours of service per year may participate in the system only by following the procedure by which a public employer coming into existence after May 1, 1948, may become a participant in the system.
(3) Whenever the governing body and two-thirds of the employees of a political subdivision which employs at least five employees each of whose positions normally require 1,200 hours of service per year elect not to participate in the system, the governing body of the political subdivision shall notify the board in writing, not later than May 1, 1948, that it elects to exclude its employees from the system, in which event none of its employees may become a member of the system until it participates in the system.
(4) No employee whose position normally requires less than 1,200 hours of service per year may become or remain a member of the system.
(4 1/2) Deductions shall not be made from the salary of an employee and contributions shall not be paid thereon by the public employer until the conclusion of thirty consecutive days of employment unless the employee shall elect, at the beginning of the employment period, to make such contributions from the first day of employment; provided, that period of employment upon which contributions are not paid shall not be regarded as service toward retirement and the individual shall not be entitled to any benefits under this act during such period of noncontribution.
κ1951 Statutes of Nevada, Page 271 (CHAPTER 183, SB 43)κ
until the conclusion of thirty consecutive days of employment unless the employee shall elect, at the beginning of the employment period, to make such contributions from the first day of employment; provided, that period of employment upon which contributions are not paid shall not be regarded as service toward retirement and the individual shall not be entitled to any benefits under this act during such period of noncontribution.
(5) No inmate of a state institution and no person enrolled full-time in a state institution principally for purposes of training, even though he receives compensation for services performed for the institution, may become a member of the system.
(6) A person holding an elective office, if otherwise eligible, may become a member of the system only by giving the board written notice of his desire to do so within thirty days after he takes the office or, in the event that he is not eligible to become a member of the system at the time he takes the office, within 30 days after he becomes eligible.
(7) A public employer which is excluded under paragraph (2) of this section or which comes into existence after May 1, 1948, or which, under authority of this act, is excluded or excludes its employees from the system, may request the board to make a study and estimate of the cost of including it and its eligible employees in the system, which the board shall thereupon cause to be made and the cost of which the employer shall bear. Upon completion of the study and estimate the employer may apply for admission to the system, whereupon it shall begin to participate therein and its eligible employees shall become members of the system.
Sec. 3. Section 12(a) of the above-entitled act, being section 5230.12a, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 12(a). The employers contribution for salaries paid from the general fund shall be paid directly by each office concerned and allowance therefor shall be made in the appropriation for each such office.
Sec. 4. Section 14 of the above-entitled act, being section 5230.14, 1929 N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 14. The objective of this act shall be to provide each employee who is a member of the system, with the years of service or attained age hereinafter specified, a disability allowance of the amount hereinafter provided for and a total service retirement allowance of one-half of his average salary for the five consecutive highest salaried years of his last ten years of service; provided, that no sum in excess of $400 in any one calendar month or $4,800 in any one calendar year shall be used in calculating the said average salary; provided further, that the said allowance shall be paid only to members receiving initial payments after July 1, 1951, and that allowances granted prior to such date shall remain unchanged. This objective shall be deemed applicable to police officers and firemen with 20 or more continuous years of credit in the system and who have reached the age of 55 years, and to other employees with 20 or more continuous years of credit in the system and who have reached the age of 60 years.
κ1951 Statutes of Nevada, Page 272 (CHAPTER 183, SB 43)κ
system and who have reached the age of 60 years. The monthly service retirement allowance shall not exceed two hundred dollars ($200).
Each employee who is a member of the system shall contribute 5 percent of the gross compensation earned by him after July 1, 1948, as a member of the system; provided, that no employee shall be required to contribute on any amount in excess of four hundred dollars ($400) per month. From each pay roll during the period of his membership the employer shall deduct the amount of the members contributions and transmit the deduction to the retirement board at intervals designated by the board. No portion of the contribution referred to above shall be used for administrative expenses.
Sec. 5. Section 15 of the above-entitled act, being section 5230.15, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 15. (1) Each public employer shall pay into the retirement fund 5 percent of all gross compensation payable on or after July 1, 1949, at intervals prescribed by the board; provided, that no employer shall be required to contribute on any amount in excess of four hundred dollars ($400) per month. No portion of the contribution referred to above shall be used for administrative expenses.
(2) In addition each such employer shall, after July 1, 1949, transmit to the board, at intervals which the board designates such amounts as are actuarially determined to be necessary to amortize within 20 years after the employer commences participating in the system of all liabilities estimated by the actuary to accrue to the system under rules to be adopted by the board on account of service by the employers employees prior to the time it commences participating in the system.
(3) Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his employer prior to the time it commences to participate in the system.
Sec. 6. Section 16 of the above-entitled act, being section 5230.16, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 16. (1) Any person employed by the state or its political subdivisions who is a participating member of this system who has been employed for a period of twenty-five or more continuous years and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse return of his contributions and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system. No member shall be eligible for service retirement benefits, except as provided in the case of persons with 25 or more years of service, unless they are, at time of retirement, in the employ of a participating member.
(2) In the event that an employee who is a member of the system, who has contributed to the fund and who has not attained his earliest service retirement age, is separated, for any reason other than death or disability, from all service entitling him to membership in the system, he may withdraw from the fund the amount credited to him in his account.
κ1951 Statutes of Nevada, Page 273 (CHAPTER 183, SB 43)κ
or disability, from all service entitling him to membership in the system, he may withdraw from the fund the amount credited to him in his account.
(3) Whenever a member who has previously withdrawn the amount credited to him above returns to the service of a public employer participating in this system, within five years after having withdrawn his account, he must redeposit with interest all contributions previous withdrawn. Upon redepositing his contributions, such a member shall have restored completely his previous service credits which has been relinquished by the withdrawal of such contributions; providing, however, upon his return to the employment under the system the employee may elect to start as a new member.
(4) An employee shall cease to be a member of the system (a) in the event that he is absent from the service of all employers participating in the system for a total of more than five (5) years during any six year period after he becomes a member of the system, or (b) in the event that during any absence from such service he withdraws the amount credited to his account in the fund.
(5) No transfer after July 1, 1948, by a member of the system from the service of one employer participating in the system to the service of another such employer shall impair any rights or deprive him of any credits accruing to him as a result of his membership in the system after July 1, 1948, and prior to the transfer.
Sec. 7. Section 18 of the above-entitled act, being section 5230.18, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 18. (1) On and after July 1, 1949, a police officer or fireman who is a member of the system and who has attained the age of 55 years, and has completed a minimum of ten years of accredited service, may be retired from service and thereafter, except as this act otherwise provides, the date of his retirement shall be the first day of the calendar month in which application for retirement shall be filed with the retirement board or the last day of compensation, whichever is later.
(2) On and after July 1, 1949, any other employee who is a member of the system and who has attained the age of 60, and has completed a minimum of ten years of accredited service, may be retired from service and thereafter, except as this act otherwise provides, the date of his retirement shall be the first day of the calendar month in which application for retirement shall be filed with the retirement board or the last day of compensation, whichever is later.
(3) On and after July 1, 1951, a police officer or fireman who has completed thirty years of continuous service or any other employee who has completed thirty years of continuous service and has attained the age of fifty-five shall be retired upon acceptance by the board of his written application to retire. If such police officer or fireman having thirty years of service retires, or any other member with thirty years of continuous service retires at age fifty-five, he shall receive a service retirement allowance which will be 50 percent of his average salary for the five consecutive highest salaried years of his last ten years of service; provided, that no sum in excess of $400 in any one calendar month or $4,800 in any one calendar year shall be used in calculating the said average salary; provided further, that the monthly retirement allowance shall not exceed the sum of two hundred ($200) dollars.
κ1951 Statutes of Nevada, Page 274 (CHAPTER 183, SB 43)κ
service retirement allowance which will be 50 percent of his average salary for the five consecutive highest salaried years of his last ten years of service; provided, that no sum in excess of $400 in any one calendar month or $4,800 in any one calendar year shall be used in calculating the said average salary; provided further, that the monthly retirement allowance shall not exceed the sum of two hundred ($200) dollars.
Sec. 8. Section 19 of the above-entitled act, being section 5230.19, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 19. Upon retirement from the service of a participating employer after twenty or more years of continuous service at retirement age, an eligible employee will receive a monthly service retirement allowance, payable during his lifetime, which will be 50 percent of the average monthly salary for the five highest salaries consecutive years of his last ten years of service; provided, that no sum in excess of $400 in any one calendar month or $4,800 in any one calendar year shall be used in calculating the said average salary; provided further, that the said allowance shall be paid only to members receiving initial payments after July 1, 1951, and that allowances granted prior to such date shall remain unchanged. If the total years of service at retirement is ten years or more, but is less than twenty, the retirement allowance shall be prorated on the basis of twenty years. In order to be eligible for the above, a police officer or fireman must have attained the minimum service retirement age of 55, and every other employee the minimum service retirement age of 60, unless otherwise specifically provided in this act. Notwithstanding the foregoing provision, the monthly retirement allowance shall not exceed two hundred dollars ($200).
Sec. 9. Section 20 of the above-entitled act, being section 5230.20, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 20. Until the first payment of his service retirement allowance becomes normally due, a person who is a member of the system except as otherwise provided in this act, may elect to convert the allowance otherwise payable on his account after his retirement into a service retirement allowance of equivalent actuarial value of one of the optional forms named below. No such election shall be effective, however, until 60 days after he retires. Should he die before the election becomes effective, the benefits payable on his account shall be the same as though his election had not been filed and he had not been retired.
Option 1. A reduced service retirement allowance payable during his life, with the provision that at his death a lump sum equal in amount to the difference between his accumulated contributions at the time of his retirement and the sum of the annuity payments actually made to him during his life be paid to such person, if any, as he nominates by written designation duly acknowledged and filed with the board, or otherwise be paid according to the provisions of this act for disposal of an amount credited to a member in his account at the time of his death in the event that he designates no beneficiary to receive the amount or that no such beneficiary is able to receive the amount; or
κ1951 Statutes of Nevada, Page 275 (CHAPTER 183, SB 43)κ
Option 2. A reduced service retirement allowance payable during his life, with the provisions that it shall continue after his death for the life of the beneficiary which he nominates by written designation duly acknowledged and filed with the board at the time of election should the beneficiary survive him; or
Option 3. A reduced service retirement allowance payable during his life, with the provision that it continue after his death at one-half the rate paid to him and be paid for the life of the beneficiary which he nominates by written designation fully acknowledged and filed with the board at the time of retirement should the beneficiary survive him.
Sec. 10. Section 21 of the above-entitled act, being section 5230.21, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 21. In the event that a person who is a member of the system dies before retiring, the amount credited at the time of his death to his account in the fund shall be paid directly and without probate or administration to the beneficiaries which he designates. Should more than one such beneficiary be named the amount standing to the credit of the member shall be distributed equally among such persons unless otherwise specifically directed by the member. Full payment by the retirement board to persons designated as beneficiaries shall completely discharge the board and system on account of the death. The death of any named beneficiary, prior to the death of the member, shall operate to distribute the share of the deceased beneficiary to the other named beneficiaries who shall survive in equal shares; provided, that if the deceased beneficiary shall be survived by minor children the share of the said deceased beneficiary shall be distributed in equal shares among such surviving minor children. Should no such beneficiaries survive, or should the member not designate a beneficiary, the amount otherwise due shall be paid directly to the estate of the deceased member.
Sec. 11. Section 22 of the above-entitled act, being section 5230.22, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 22. (1) A member of the retirement system who has had ten years or more of continuous service and becomes totally unable to work due to injury or mental or physical illness will receive a disability retirement allowance; provided, that he shall be in the employ of a participating member at the time of incapacitation for service and shall have been in such employ for a minimum period of 6 months prior to such incapacitation unless such incapacitation shall be the result of injuries incurred in the course of such employ. If 6 months or more of employment shall immediately precede the incapacitation, it shall not be required that such injury or mental or physical illness shall have arisen out of and in the course of employment. Such disability retirement allowance shall be 50 percent of his average monthly salary for the five highest consecutive years of his last ten years of service if the years of service are twenty or more; provided that no sum in excess of $400 in any one calendar month or $4,800 in any one calendar year shall be used in calculating the said average salary. If the total years of service are less than twenty, but ten or more, the disability retirement allowance shall be prorated on the basis of twenty years.
κ1951 Statutes of Nevada, Page 276 (CHAPTER 183, SB 43)κ
disability retirement allowance shall be prorated on the basis of twenty years. No payments under such disability retirement allowance shall be paid for the first ninety days. Should death occur during a period of disability any beneficiary named by the member shall receive the surplus of retirement contributions made by the member over the benefits received by said member. Notwithstanding the foregoing, the monthly disability retirement allowance shall not exceed two hundred dollars ($200).
(2) The board shall require medical examinations of all applicants for retirement for disability under such general rules as it prescribes, and may provide for the discontinuance of any disability retirement allowance and the forfeiture of all rights under this act, for any person who refuses to submit to such an examination. The decision of the board as to eligibility for disability retirement allowances and as to discontinuance of disability retirement allowances shall be final.
(3) When a disability beneficiary is determined by the board to be not incapacitated to the extent that he is disabled from performance of duty, his disability allowance shall be cancelled forthwith, and should he be reinstated in the service of a participating employer he shall be credited with the amount which stands to his credit in his account in the fund at the time of his retirement for disability and he shall be credited with the number of years of continuous service with which he was credited at the time of his retirement for disability. Such a person who for any reason is not reinstated in the service of a public employer participating in the system shall receive separation benefits as provided in this act.
(4) Whenever a member shall return to employment with a participating employer after having received a disability retirement allowance such person, if he should enter into service retirement within two years after such return, shall receive the unmodified service retirement allowance and shall not be permitted an election of optional plans except as in Option 1.
Sec. 12. The above-entitled act, being sections 5230.01 to 5230.24, inclusive, 1929 N. C. L. 1943-1949 Supp., is hereby amended by inserting therein a new section to be numbered 23(a), which shall immediately follow section 23 and shall read as follows:
Section 23(a). Any person accepting or receiving the benefits of a service retirement allowance under this act who accepts employment or receives compensation for services from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch, or agency thereof participating in the retirement system shall be regarded, for the purpose of this act, as a new member of the retirement system for the period of such re-employment and, upon re-entering service retirement, shall receive a return of his contributions made during re-employment and such retirement allowance and under the same conditions as were effective at the time of re-employment; provided, that retired persons who return to employment for the State of Nevada or a participating political subdivision for a minimum period of 12 consecutive months or more shall, at the time of re-entry into retirement, be permitted to elect to return to retirement with such retirement allowance and under such conditions as were effective at the time of re-employment or to enter into retirement under conditions which would have been effective at the end of the re-employment period had he not been previously retired.
κ1951 Statutes of Nevada, Page 277 (CHAPTER 183, SB 43)κ
the time of re-entry into retirement, be permitted to elect to return to retirement with such retirement allowance and under such conditions as were effective at the time of re-employment or to enter into retirement under conditions which would have been effective at the end of the re-employment period had he not been previously retired. If death should occur during any such period of re-employment a beneficiary named under the provisions of section 21 of this act shall be entitled to refund of contributions made during the period of re-employment and a beneficiary, named under an optional plan of retirement at the time of first retirement, shall be entitled to such benefits as the optional plan conferred at that time, if otherwise eligible.
Sec. 13. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 264Committee on Ways and Means
CHAPTER 184
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, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 201, being section 6084.211, 1929 N. C. L. 1949 Supp., of the above-entitled act, is hereby amended to read as follows:
Section 201. There is hereby established a fund in the accounts of the state treasurer and the state controller to be known as the fund for aid to rural schools which is made up of all the moneys received from the following sources:
1. All appropriation made by the legislature for the purpose of aiding rural schools;
2. All donations, legacies, gifts, and bequests, which may be made to said fund, and all moneys which shall be obtained or contributed for said purposes from other sources;
3. All moneys received from any federal agency specifically for assistance to rural schools.
Sec. 2. The act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 278κ
Assembly Bill No. 330Committee on Ways and Means
CHAPTER 185
AN ACT authorizing and directing the office of the state parole officer to transfer whatever funds and all equipment including vehicles which are on hand to the board of pardon and parole commissioners; providing for the purpose for which said funds will be used; and other matters properly relating thereto.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The office of the state parole officer of the State of Nevada is hereby authorized and directed to transfer whatever funds and all equipment including vehicles which are on hand and in possession of said office upon the passage and approval of this act to the board of pardon and parole commissioners for the administration of that certain act entitled An act to establish a state board of pardon and parole commissioners; providing for a chief state parole and probation officer together with assistant parole and probation officers and other employees; providing salaries, including traveling and other expenses; providing duties for said personnel; providing a system of probation for defendants in criminal actions found guilty thereof; providing for modification of probation; providing for a system of withdrawing pleas of guilty upon termination of probation period; providing for an appropriation thereof, and other matters properly relating thereto.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 190Committee on Fish and Game
CHAPTER 186
AN ACT authorizing the state board of fish and game commissioners to give to bona fide residents of the State of Nevada, who are on active service with the U. S. armed services, fishing and hunting licenses without charge; providing penalties for the violation thereof.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state board of fish and game commissioners are hereby authorized to give to those persons serving in the U. S. armed services, who are bona fide residents of the State of Nevada, fishing or hunting licenses without charge; provided, that those persons requesting said licenses are at such time on active duty in the armed services and are not stationed in the State of Nevada.
Sec. 2. The state board of fish and game commissioners may require whatever proof they deem necessary to determine whether or not such persons come within the provisions of this act.
κ1951 Statutes of Nevada, Page 279 (CHAPTER 186, AB 190)κ
Sec. 3. Any person who is guilty of giving false information for the purpose of obtaining a license as hereinabove provided is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for a period of not less than twenty-five (25) days nor more than six (6) months, or by both such fine and imprisonment.
Sec. 4. This act shall be in full force and effect from and after January 1, 1952.
________
Assembly Bill No. 151Clark County Delegation
CHAPTER 187
AN ACT regulating and prescribing the hours that the sheriff, county recorder, assessor, county clerk, county treasurer and the district attorney of Clark County in the State of Nevada shall keep their county offices open for the transaction of public business, and repealing all acts or parts of acts in conflict herewith.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sheriff, county recorder, county clerk, assessor, county treasurer, and district attorney of Clark County in the State of Nevada shall keep an office at the county seat of said county which shall be kept open on all days except Saturday afternoons, Sundays and nonjudicial days from nine oclock, a. m., to five oclock, p. m., for the transaction of public business; provided, that the provisions of this act shall not apply to the district attorney when called away from his office by official duties; provided, that nothing contained herein shall be construed so as to interfere with any duty now required of any public official under any of the election laws of this state; provided, that nothing herein contained shall restrict the office hours of the sheriff of Clark County, Nevada, to the hours set forth herein.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall be effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 280κ
Assembly Bill No. 288Committee on Judiciary
CHAPTER 188
AN ACT to amend an act entitled An act requiring all corporations to file annually with the secretary of state a list of their officers and directors, a designation of resident agent, and a certificate of acceptance of resident agent, providing a fee therefor, and providing a penalty for the violation of the provisions of this act, and providing for the reinstatement of corporations whose charters have been forfeited under existing or pre-existing laws, approved March 21, 1925, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 1804 to 1813, both inclusive, N. C. L. 1929; Sections 1804, 1805, 1806 and 1807, as amended appearing in N. C. L. 1931-1941 Supplement, is further amended by adding thereto a new section to follow immediately after section 3 thereof, and to be known as section 3(a), which shall read as follows:
Section 3(a). Every list required to be filed under the provisions of this act shall, after the name of each officer and director listed thereon, other than the resident agent, set forth his or her residence address by street and number thereof, also city or town, and state; or by city or town and state if such residence therein is not on a named and numbered street; provided, the address of the resident agent shall be the same as that of the principal office; and if such addresses be not thus stated in respect of all such listed persons, on any list offered for filing, the secretary of state is authorized to refuse to file the same, and the corporation for whom the list has been offered for filing shall be subject to all the provisions of this act relating to failure to file such list within or at the times therein specified, unless such a list be subsequently submitted for filing conformably to the provisions of this act.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 325Committee on Ways and Means
CHAPTER 189
AN ACT authorizing and directing the state controller to transfer the sum of two thousand ($2,000) dollars from the special assistant attorney general item to office supplies and equipment item in the 1949 appropriation for office of attorney general.
[Approved March 20, 1951]
Whereas, The forty-fourth session of the legislature appropriated the sum of $12,000 for the salary of special assistant attorney general in section 5, page 186, Statutes of 1949, for the biennium ending June 30, 1951; and
Whereas, This session of the legislature has provided by law, effective immediately, for financial assistance to the office of attorney general by the passage of assembly bill No.
κ1951 Statutes of Nevada, Page 281 (CHAPTER 189, AB 325)κ
effective immediately, for financial assistance to the office of attorney general by the passage of assembly bill No. 212, providing a payment of $500 monthly to the attorney generals fund from the Colorado River commission fund, thereby eliminating the necessity of the said special assistant attorney general item hereinabove mentioned; and
Whereas, There will be as of April 1, 1951, a balance of $2,000 remaining in said special assistant attorney general item and no longer needed for the purpose for which appropriated; and
Whereas, The office of attorney general is in need of necessary equipment to replace old and worn equipment, including typewriters, office chair, together with additional filing cases, and necessary supplies which by reason of major increase in prices requires additional money in order that the office may efficiently function; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer from the salary of special assistant attorney general item to the office supplies and equipment item in section 5, chapter 125, page 186, Statutes of 1949, the legislative appropriation for the office of attorney general, the sum of two thousand ($2,000) dollars.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 3Mr. McElroy
CHAPTER 190
AN ACT to amend an act entitled An act to establish a state printing office and to create the office of superintendent of state printing, approved March 11, 1879, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 18 of the above entitled act, being chapter 2, page 2, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 18. The secretary of state shall furnish to the superintendent of state printing, as soon as may be, and within three days from the time he receives the same from the governor, after approval, a copy of all acts, joint and concurrent resolutions and memorials passed at such session, and the superintendent of state printing shall print the number of copies as herein provided, and furnish printed sheets thereof to the attorney general, who shall, immediately upon the close of such session, make out and deliver to the superintendent of state printing an index of the same, and the superintendent of state printing shall, immediately upon the close of such session, print the said index and bind it in connection with the laws.
κ1951 Statutes of Nevada, Page 282 (CHAPTER 190, AB 3)κ
The superintendent of state printing shall also furnish to each member of the senate and assembly, for distribution among their constituents, fifteen copies of the printed sheets of each act as printed, or if more than one act is printed at one time, then copies of the printed sheets of such series of acts. He shall also distribute one copy of said act or acts to each county clerk, county auditor, district judge, district attorney, and justice of the peace in the state.
Sec. 2. Section 20 of the above entitled act, as amended at page 2, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 20. The superintendent of state printing is hereby authorized to set the style and form of the printing of the bound volumes of the statutes of Nevada. In printing the section or part of the law re-enacted in an amendatory law, he shall cause to be eliminated therefrom the words, phrases, or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendments as the same appears in the enrolled bill, and he shall cause to be printed in italics all new words, phrases or provisions, if any, which have been inserted into or added to the law by passage of such amendment. In ascertaining the correct reading, status, and interpretation of an amendatory law, the matter in italics shall be read and interpreted as part of the law.
Sec. 3. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 135Senator Wiley
CHAPTER 191
AN ACT to provide for an oil portrait of Vail Pittman, ex-governor of the State of Nevada.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of seven hundred fifty dollars ($750) is hereby appropriated, out of any money in the state treasury not otherwise appropriated, for the procuring of a portrait of Vail Pittman, ex-governor of the State of Nevada, to be painted in oil colors, after the style and finish of the other portraits of ex-governors now in the capitol corridor, and to be uniform in the size therewith. A committee composed of three (3) members of the senate, to be appointed by the president of the senate, shall procure the portrait herein provided for, which shall be selected by and approved by the former governor.
Sec. 2. Upon the completion of the painting of said portrait the committee shall have the same suitably framed, similar to the one of ex-governor Bradley, and subject to the approval of our former governor.
Sec. 3. Upon the delivery of said portrait to the secretary of state and its acceptance by the committee, the state controller is hereby directed to draw his warrant in favor of the artist employed for the sum of seven hundred fifty dollars ($750), and the state treasurer is hereby directed to pay the same.
κ1951 Statutes of Nevada, Page 283 (CHAPTER 191, SB 135)κ
directed to draw his warrant in favor of the artist employed for the sum of seven hundred fifty dollars ($750), and the state treasurer is hereby directed to pay the same. The said sum of seven hundred fifty dollars ($750) to be payment in full for the said portrait and frame.
Sec. 4. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 191Committee on Finance
CHAPTER 192
AN ACT authorizing the state treasurer and state controller to transfer the unexpended balances and moneys in certain funds in the state treasury to the general fund.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following dormant funds of the state treasury are hereby reverted to the general fund:
Employment security department, 1947, page 663............................. $19,581.71
Western governors conference, 1945, page 223............................... 5,000.00
Printing of findings of fact, state engineer......................................... 130.85
Sec. 2. The state treasurer and state controller are hereby authorized and directed to do and perform each and every act necessary to carry into effect the provisions of this act.
Sec. 3. This act shall be effective from and after its passage and approval.
________
Assembly Bill No. 221Clark County Delegation
CHAPTER 193
AN ACT to amend an act entitled An act to incorporate the town of Las Vegas in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 3/4 of chapter II of the above-entitled act, as amended by chapter 132, Statutes of Nevada 1949, is hereby further amended to read as follows:
Section 5 3/4. There is hereby created a department of civil service of the city applicable to and governing all employees of the city of Las Vegas, Nevada, except department heads, the city manager and duly elected officials. The department of civil service shall be under the control and management of a board of five trustees, which said board shall be appointed by the city manager, subject to the ratification of the board of commissioners.
κ1951 Statutes of Nevada, Page 284 (CHAPTER 193, AB 221)κ
shall be appointed by the city manager, subject to the ratification of the board of commissioners. Said board of trustees shall be known and designated as the board of civil service trustees. The board of civil service trustees shall keep a record of its proceedings and transactions, and shall provide and prepare rules and regulations for the administration of said civil service for the recommendation for adoption by the city commission, which may be adopted and published in form of an ordinance and in the manner prescribed by law. The rules and regulations adopted shall be published in booklet form and a copy made available to each employee whose employment is subject thereto. The rules and regulations may be amended in the same manner as ordinances, but any subsequent amendments to said rules and regulations, in the event the same do not originate with said board, shall be referred to the trustees, and a hearing held thereon with said trustees, prior to adoption by the city commission. All rules and regulations adopted shall be consistent with the provisions of this act. Such rules and regulations shall provide for the following matters in addition to such others as may be necessary and proper in carrying out the intent and purposes of this act.
(1) The classification of all persons employed by the city of Las Vegas except department heads, the city manager and duly elected officials.
(2) The selection, employment, advancement, suspension, demotion and discharge of all said employees.
(3) The holding of free, open, competitive examinations, and the administering of other suitable tests to fairly test the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed.
(4) The public advertising of all entrance examinations.
(5) A period of probation of six months before an appointment or promotion is made complete, during which period a probationer may be discharged with the consent of the board of civil service trustees if it is an appointment probation, or reduced if a promotion probation by the appointing power without the right of appeal if, during the performance test the appointing power deems him unfit for satisfactory service.
A record of all examinations shall be kept and appointments to all positions under civil service shall be made by the city manager from the list of those who have taken examinations for such positions, and such appointment must be made from the three holding the highest rating on such list.
No person in the civil service shall be removed from or discharged from his position except for cause, which shall be stated in writing to the board of civil service trustees by the appointing power, and a copy of said statement shall be served upon the person to be so removed or discharged. At any time within 15 days after the filing with said board of civil service trustees of such statement, said board may on its own motion, and must on application of the discharged employee, inquire into such removal or discharge, and if in its judgment such removal or discharge was without justification and said employee removed or discharged is a fit and competent person to retain his position he shall be reinstated and restored and shall be entitled to receive compensation during the period of his suspension and pending such hearing and reinstatement.
κ1951 Statutes of Nevada, Page 285 (CHAPTER 193, AB 221)κ
employee, inquire into such removal or discharge, and if in its judgment such removal or discharge was without justification and said employee removed or discharged is a fit and competent person to retain his position he shall be reinstated and restored and shall be entitled to receive compensation during the period of his suspension and pending such hearing and reinstatement. 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.
To the end that no undue hardships may be worked upon any officer or employee of said city who shall have attained a certain grade, rank or position as a result of continuous service, all officers and employees who have been in the employ of said city for more than six months immediately prior to the adoption of the 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.
Any duly appointed trustee holding office at the time of adoption of this act, shall continue in his position for the term for which he has been appointed unless earlier removed for cause. The commission may by ordinance adopt such further rules and regulations not in conflict herewith as may be necessary for the complete and efficient operation of said civil service department.
Sec. 2. Section 6 of chapter II of the above-entitled act, as amended by chapter 132, Statutes of Nevada 1949, is hereby further amended to read 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 the city of Las Vegas, 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. 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 of 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. 3. Section 17, chapter II of the above-entitled act, being page 190, Las Vegas code, 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.
κ1951 Statutes of Nevada, Page 286 (CHAPTER 193, AB 221)κ
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 officer 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. 4. Section 18 of chapter II of the above-entitled act, as amended by chapter 132, Statutes of Nevada 1949, is hereby further amended to read as follows:
Section 18. Claims, Accounts and Demands-Filing Notice of-Warrants, How Issued-Final Statements-Publication of. The city manager shall audit all accounts or claims against the city, but before payment all accounts shall be approved by the board of commissioners, and no money shall be paid for any purpose except upon 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 posted in three public places in the city of Las Vegas once each month, the amount of bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made. Said board of commissioners shall require a statement to be published, or cause to be posted, as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof, and all outstanding bonds and other obligations.
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 clerk within six months from the time the acts from which said claim arose shall have occurred.
κ1951 Statutes of Nevada, Page 287 (CHAPTER 193, AB 221)κ
within six months from the time the acts from which said claim arose shall have occurred. No notice of demand, account or claim heretofore or hereafter presented and filed shall be deemed valid so as to authorize the consideration, auditing, approval, allowance or payment of such demand, account or claim unless the provisions of any ordinance relative to and in effect at the time of the presentation and filing of such notice shall have been strictly complied with; provided, such ordinance otherwise conforms with the requirements of this section.
Sec. 5. Section 56 of chapter II of the above-entitled act, being page 78, Las Vegas code, is hereby amended to read as follows:
Section 56. Special Assessments-Ordinance for. When the board shall determine to make any public improvements or repairs, in the laying of pavements or constructing sidewalks, or in the construction of sewers, or in any way improving the streets in the city, and shall determine to defray the whole or any part of the cost and expense thereof by special assessment, they shall so declare by ordinance, stating the improvement and what part or portion of the expense shall be paid by special assessment, and what part, if any has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district 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 proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for said ordinance to so state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property district or the location that the various parts to be assessed can be ascertained and described by the city assessor.
Sec. 6. Section 57 of chapter II of the above-entitled act, being page 79, Las Vegas code, is hereby amended to read as follows:
Section 57. Estimates First To Be Had. Before ordering any public improvements or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement or work, of the location of the improvement, and of the district to be assessed, by publication once a week for two successive weeks in some newspaper published in said city, and also by posting notices in three public places near the site of the proposed work. Said notices shall state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements.
κ1951 Statutes of Nevada, Page 288 (CHAPTER 193, AB 221)κ
Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered.
Sec. 7. Section 67 of chapter II of the above-entitled act, being page 84, Las Vegas code, is hereby amended to read as follows:
Section 67. Notice of Assessment To Be Published. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the board. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the board shall cause notice to be published once a week for two successive weeks in some newspaper published in the city, after the filing of the same with the city clerk, and appointing a time when the board and assessor will meet to review the assessments.
Objecting to Assessment, How Made. Any person objecting to the assessment may file his objection thereto with the city clerk. The notice provided for in this section may be addressed to all persons interested therein, and may be in the following form:
Notice of Special Assessment
(Form of Notice) To all persons interested in special assessment district No.................., take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board decided should be paid and born by special assessment for the (e.g. paving...............street to.................street in the city of Las Vegas) or (constructing a sewer on.................street between...................street and.....................street) or (as the case may be) is now on file at my office for public inspection. Notice is hereby given that the board and the assessor of the city of Las Vegas will meet in the ..................room in this city on..............................(insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.
Date...........................................................................................................................
City clerk.
________
κ1951 Statutes of Nevada, Page 289κ
Assembly Bill No. 306Elko County Delegation
CHAPTER 194
AN ACT granting a franchise to Wells power company, a corporation organized under the laws of the State of Nevada, its successors and assigns, to construct, maintain and operate electric light, heat and power lines, and a telephone in connection therewith, from Trout Creek and Boulder Creek in Elko County, to and into the city of Wells, Clover Valley, Wendover, Ruby Valley, Starr Valley and Metropolis, Elko County, along, across, and under state and county highways, city and town streets and alleys.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The right to locate, construct, maintain and operate electric lines for the transmission of electricity for lighting, heating and power purposes and a telephone line in connection therewith and the right-of-way therefor for twenty-five years from date of passage of this act, and along such routes as may be deemed most favorable and most advantageous from points on Trout Creek and Boulder Creek in Elko County, State of Nevada, to, into and through the city of Wells, Metropolis District, Clover Valley, Ruby Valley, Starr Valley, and Wendover is hereby granted to Wells power company, a corporation organized and existing under the laws of the State of Nevada, its successors and assigns, together with the right and franchise to build, construct, and maintain said lines along, across and under any of the public highways of the State of Nevada and the highways, streets and alleys of said county and city; provided, that said line or lines shall be so constructed and maintained along, across and under such public highways of the State of Nevada and the highways, streets and alleys of said county and city as not to obstruct the natural and proper use of such highways, streets and alleys, and said construction shall at all times be in accordance with the requirements of law and the rules and regulations of the public service commission of the State of Nevada.
Sec. 2. This act shall be effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 290κ
Assembly Bill No. 148Committee on Public Health and Public Morals
CHAPTER 195
AN ACT to amend an act entitled An act to regulate the practice of pharmacy and the use and sale of poisons and drugs in the State of Nevada; exempting registered pharmacists from jury duty; providing for a state board of pharmacy, and defining its powers and duties, and fixing penalties for the violation thereof, approved April 1, 1913, as amended.
[Approved March 20, 1951]
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 5040, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. It is unlawful to manufacture, compound, sell, dispense, or permit to be manufactured, compounded, sold, or dispensed, any drug, poison, medicine, or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a medical practitioner, unless such person be a registered pharmacist. Every store, dispensary, pharmacy, laboratory, or office for the sale, dispensing, or compounding of drugs, medicines, or chemicals, or for the dispensing of prescriptions of medical practitioners shall be, at all times when it is open for business, in charge of a registered pharmacist who shall be physically present therein; provided, however, that this requirement shall not interfere with the registered pharmacist being absent each day for a period of not to exceed two hours, in total, for the purpose of taking meals, but shall be on call during such absence. Every store or shop where drugs, medicines, or chemicals are dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded, shall be deemed a pharmacy within the meaning of this act.
Sec. 2. Section 2 of the above-entitled act, being section 5041, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 2. An applicant to become a registered pharmacist in this state must:
(a) Be a citizen of the United States of America, and
(b) Be of good moral character, and
(c) Be a graduate of a school or college of pharmacy approved by the national association of boards of pharmacy or by the Nevada state board of pharmacy, or, being a bona-fide resident of the State of Nevada continuously for one year prior to the date of any examination to be given by the Nevada state board of pharmacy, have experience equivalent to such education, and
(d) Satisfactorily pass an examination, prepared, given and graded by the Nevada state board of pharmacy, and
(e) Comply with such rules and regulations or both of the Nevada state board of pharmacy, as said board may, from time to time, adopt concerning applications to become a registered pharmacist in this state.
κ1951 Statutes of Nevada, Page 291 (CHAPTER 195, AB 148)κ
Sec. 3. Section 3 of the above-entitled act, being section 5042, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 3. A registered pharmacist is defined to be:
(a) A person registered in this state as such upon the passage of this act, or
(b) A person who has complied with the provisions of section 2 of this act and whose name has been entered in the registry of pharmacists of this state by the secretary of the Nevada state board of pharmacy, and to whom a valid certificate as a registered pharmacist, or valid renewal thereof, has been issued by said board, or
(c) A citizen of the United States of America, who, prior to January 1, 1948, filed with the Nevada state board of pharmacy notice of his intention to take advantage of the provisions of subparagraph 2, section 4, chapter 198 of the Statutes of the State of Nevada, 1947 (being section 5042, 1929 N. C. L. 1949 Supp.), and who, not being a graduate in pharmacy as required by section 2(c) of this act, shall, prior to January 1, 1954, file with the Nevada state board of pharmacy satisfactory evidence of qualifications required under the laws existing prior to July 1, 1947, for examinations of registered pharmacists, and shall, prior to January 1, 1954, qualify by passing a satisfactory examination before the Nevada state board of pharmacy.
Sec. 4. Section 4 of the above-entitled act, being section 5043, N. C. L. 1929, is hereby repealed.
Sec. 5. Section 7 of the above-entitled act, being section 5046, N. C. L. 1929, is hereby amended to read as follows:
Section 7. Three members of the board shall constitute a quorum. They shall hold a meeting at least once in every six months.
powers and duties of the board
Subdivision 1. The state board of pharmacy shall have power:
(a) To make such bylaws and regulations, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties;
(b) To regulate the practice of pharmacy;
(c) To regulate the sale of poisons;
(d) To examine and register as pharmacists applicants whom it shall deem qualified to be such.
(e) The board shall report annually to the governor upon the condition of pharmacy in the state, which said report shall contain a full and complete record of the proceedings of the board for the year, a complete statement of all fees received, and also the names of all pharmacists registered under this act. It shall be the duty of the state printer to print said report.
Sec. 6. Section 8 of the above-entitled act, being section 5047, N. C. L. 1929, is hereby amended to read as follows:
Section 8. All applicants for certificates as registered pharmacists, whether by examination, or diploma of graduation from college or school of pharmacy or on the license or certificate issued by other state or territorial board of pharmacy, shall, before a certificate be granted, pay to the secretary of the board the sum of fifteen ($15) dollars.
κ1951 Statutes of Nevada, Page 292 (CHAPTER 195, AB 148)κ
or territorial board of pharmacy, shall, before a certificate be granted, pay to the secretary of the board the sum of fifteen ($15) dollars. If an applicant for certificate of registration as a registered pharmacist by examination fail to pass such an examination he shall not be eligible to re-examination within six months from the date of such previous examination. After the said six months shall have expired the applicant shall be entitled to re-examination upon the payment of a fee of ten ($10) dollars. Upon failing to pass the second examination the applicant may be re-examined upon payment of a fee of five ($5) dollars at any regular meeting of the board of pharmacy.
Sec. 7. Section 9 of the above-entitled act, being section 5048, N. C. L. 1929, is hereby repealed.
Sec. 8. Section 10 of the above-entitled act, being section 5049, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 10. Every registered pharmacist who desires to keep his certificate in force shall annually thereafter, beginning on the first Monday of May 1951, pay to the secretary of the board of pharmacy a registry fee, to be fixed by the board, but which in no case shall exceed ten ($10) dollars for a renewal of said certificate. All persons in possession of certificates, issued by the state board of pharmacy, and which are in force at the time of the adoption of this act, shall on or before the first Monday of May 1951, and annually thereafter, pay to the secretary of the board of pharmacy the fee fixed by the board for a renewal of said certificate. Certificates issued for the fiscal year 1950-1951 shall be valid to and including June 30, 1951. Certificates issued in 1951 and in subsequent years shall be valid for fiscal years commencing on July 1 and terminating on the following June 30. The board, however, may refuse to issue such renewal certificate if it shall find, upon proof and after a hearing, of which the applicant shall have notice and may attend, that the applicant is not of good moral character or is guilty of habitual intemperance, unprofessional conduct or conduct contrary to the public interest, or is addicted to the use of narcotic drugs or has been convicted of a felony.
Sec. 9. Section 12 of the above-entitled act, being section 5051, N. C. L. 1929, is hereby amended to read as follows:
Section 12. Any registered pharmacist who shall fail to procure a renewal of his certificate at the time above stated shall not receive a renewal thereof except upon the payment of the renewal fee for each year or fraction thereof that may have elapsed between the expiration of said certificate and the application for renewal thereof, and in addition thereto a penalty of one dollar for each year or fraction thereof so elapsing between the date of expiration of such certificate and application for renewal, before new certificate shall be issued; provided, however, that no certificate shall be renewed after a lapse of registration for a period of five (5) years, excepting upon passing a satisfactory examination before the board of pharmacy.
Sec. 10. Section 13 of the above-entitled act, being section 5052, N. C. L. 1929, is hereby amended to read as follows:
Section 13. Every registered pharmacist upon receiving a certificate of registration under this act, shall, before he engage in business as a pharmacist in any county of this state in which he or she shall locate, or into which he or she shall afterward remove, have such certificate recorded in the office of the county clerk of such county, and it is hereby made the duty of the county clerk to record such certificate in a book to be provided and kept for that purpose, and the county clerk is hereby authorized to charge a fee of one dollar for the recording of such certificate for record.
κ1951 Statutes of Nevada, Page 293 (CHAPTER 195, AB 148)κ
of registration under this act, shall, before he engage in business as a pharmacist in any county of this state in which he or she shall locate, or into which he or she shall afterward remove, have such certificate recorded in the office of the county clerk of such county, and it is hereby made the duty of the county clerk to record such certificate in a book to be provided and kept for that purpose, and the county clerk is hereby authorized to charge a fee of one dollar for the recording of such certificate for record. Each person holding a certificate entitling him to practice pharmacy in this state and being engaged in business as a pharmacist at the time of the passage and adoption of this act, shall have such certificate recorded, as in this section provided, within thirty days after the taking effect of this act. The record of the certificate required by this section, or a certified copy of the same, shall be evidence in all courts that the person holding it was registered as evidenced by said certificate on the date of same. Upon the certificate being recorded as herein provided, it shall be the duty of the county clerk so recording to notify the secretary of the board of pharmacy of the name of the party and the date of such record.
Sec. 11. Section 14 of the above-entitled act, being section 5053, N. C. L. 1929, is hereby amended to read as follows:
Section 14. Every registered pharmacist shall, within thirty days after changing his place of business as designated on the books of the secretary of the board of pharmacy, notify the secretary of the board of pharmacy of such change and of his new place of business, and upon receipt of such notification the secretary shall make the necessary change in his register.
Sec. 12. Section 15 of the above-entitled act, being section 5054, N. C. L. 1929, is hereby amended to read as follows:
Section 15. Any person, firm, corporation, partnership or association who violates any of the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars, or by imprisonment for not less than ten (10) nor more than fifty (50) days, or by both such fine and imprisonment, for each such violation.
Sec. 13. Section 16 of the above-entitled act, being section 5055, N. C. L. 1929, is hereby amended to read as follows:
Section 16. In the event any person having registered shall have lost his or her certificate, or the same has been destroyed, or if he or she desires the renewal of the same, a new certificate may be issued by said board upon the applicant paying therefor the sum of five ($5) dollars; provided, however, that where the original certificate is not lost or destroyed, then the certificate shall be surrendered before a renewal of same shall be issued; and provided further, that the board shall have power to require satisfactory evidence from the applicant of the loss or destruction of the certificate; and provided further, that where the applicant is delinquent for the annual dues required by this act then he or she shall be required to pay the said board sufficient fees to cover his delinquency in that behalf before he or she shall be entitled to a reissue of the certificate in this subdivision provided for.
κ1951 Statutes of Nevada, Page 294 (CHAPTER 195, AB 148)κ
sufficient fees to cover his delinquency in that behalf before he or she shall be entitled to a reissue of the certificate in this subdivision provided for. The board shall have the power to provide by proper rules and regulations for the revocation by said board of licenses issued under the provisions of this act, whenever the holder of such license shall be guilty of habitual intemperance, unprofessional conduct or conduct contrary to the public interest, or shall be addicted to the use of narcotic drugs, or shall be convicted of a felony.
Sec. 14. Section 17 of the above-entitled act, being section 5056, N. C. L. 1929, is hereby repealed.
Sec. 15. Section 18 of the above-entitled act, being section 5057, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 18. Notwithstanding any other provision of this act the board of pharmacy may issue a permit to general dealers in rural districts in which the conditions, in their judgment, do not justify the employment of a registered pharmacist, which said permit shall authorize the persons or firm named therein to sell in such locality, but not elsewhere, and under such restrictions and regulations as said board may from time to time adopt, the following simple household remedies and drugs, and such other items as may be determined by the board from time to time, for the protection of the public health and welfare, in such manner and form as may be hereafter authorized by said board, as follows, to-wit:
Tincture of arnica, spirits of camphor, almond oil, distilled extract, witch hazel, paregoric, syrup of ipecac, syrup of rhubarb, hive syrup, sweet spirits of nitre, tincture of iron, epsom salts, rochelle salts, senna leaves, carbonate of magnesia, seidlitz powders, quinine, cathartic pills, chamomile flowers, caraway seeds, chlorate of potash, moth balls, plasters, salves, peroxide of hydrogen, copperas, gum camphor, blue ointment, asafetida, saffron, anise seed, saltpeter; provided, however, that no such permit shall be issued to any dealer whose place of business is located within three miles of any drug store.
The board shall charge an annual fee of eight dollars in advance for such permit, and it shall be unlawful for any dealer to sell any drugs or ordinary household remedies without complying with the requirements of this section; provided, that the following drugs, medicines, and chemicals may be sold by grocers and dealers generally without restriction, viz:
Glauber salts, petroleum jelly, turpentine, condition powders, cream of tartar, carbonate of soda, bay rum, essence of Jamaica ginger, essence of peppermint, ammonia, alum, castor oil, bicarbonate of soda, chloride of lime, glycerine, witch hazel, sheep-dip, borax, sulphur, bluestone, flaxseed, insect powder, fly paper, any rat poison, squirrel poison, and gopher poison, and arsenical poison, insecticides, weedicides, and rodenticides used for orchard spraying, when prepared and sold in original and unbroken packages and if poisonous, labeled with the official poison labels, and sold in accordance with the requirements of the federal food, drug, and cosmetic act; and provided further, that aspirin and effervescent saline analgesics may be sold on railroad trains.
κ1951 Statutes of Nevada, Page 295 (CHAPTER 195, AB 148)κ
No store or shop shall use the words drug or drugs in any advertising or display unless a registered pharmacist is in charge of said store or shop, or such store or shop holds a rural permit issued by the board of pharmacy as defined in section 18.
Sec. 16. Section 19 of the above-entitled act, being section 5058, N. C. L. 1929, is hereby amended to read as follows:
Section 19. It shall be the duty of the board of pharmacy, by resolution, at least annually, to request of the chief of police, marshal, or constable of every city, town, or township in this state, to furnish a list of all drug stores, together with the names of the owners, managers, and all employees in said store, and a brief statement of the capacity in which said persons are employed in said store, and also the firm name of all stores retailing drugs, medicine, or poisons. Upon such request in writing it shall be the duty of the chief of police, marshal or constable of said city, town or township to require the patrolman or deputies under their command, upon their respective beats, to obtain such lists as are in this section specified, and deliver the same to the board of pharmacy. It shall be the duty of the owner of any drug store or other store retailing drugs, medicines or poisons, when called upon by an officer, as above set forth, or by a member of the board of pharmacy, or a duly authorized inspector, to furnish said officer, member of the board of pharmacy, or duly authorized inspector with the information required.
Sec. 17. Section 24 of the above-entitled act, being section 5062(a), 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 24. No pharmacy shall operate as such or use the word drug or drugs or pharmacy or similar words or words of similar import, without first having secured a license so to do from the state board of pharmacy. Every person, partnership, or corporation or association doing business as proprietor or proprietors of a place in which drugs, medicines, and poisons are retailed, or physicians prescriptions are compounded or dispensed shall, after satisfying the board that the same is conducted according to law, annually on or before the second day of May of each year pay a fee to be fixed annually by the board, but in any event not more than twenty five ($25) dollars to the secretary of the state board of pharmacy, upon which the secretary shall register said pharmacy, store, or dispensary and furnish the store manager or proprietor with a license valid for one year from the 1st day of July next succeeding such payment, but subject to the provisions of the following paragraph and the other provisions of this act.
Such license, however, may at any time be revoked upon proof to the satisfaction of the board, on notice to the licensee and after a hearing at which the licensee may be present, that the licensed premises are being operated in violation of this act or in a manner contrary to the public interest.
Sec. 18. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision of application, and to this end the provisions of this act are declared to be severable.
κ1951 Statutes of Nevada, Page 296 (CHAPTER 195, AB 148)κ
effect without the invalid provision of application, and to this end the provisions of this act are declared to be severable.
Notwithstanding any other provision of this act, any person to whom a permit has been issued under this section may, in an emergency, compound or dispense a prescription of a medical practitioner, under the direct supervision of the medical practitioner writing such prescription, provided, however, that the medical practitioner whiting the prescription shall, at the time of writing such prescription, endorse thereon and sign the following statement: This prescription may be compounded and dispensed, under my direct supervision, by one not a registered pharmacist, or words of similar import.
Sec. 19. All acts or parts of act which are inconsistent with the provisions of this act are hereby repealed.
Sec. 20. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 328Committee on Livestock
CHAPTER 196
AN ACT making an appropriation for the support of the state board of sheep commissioners.
[Approved March 20, 1951]
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 five thousand dollars ($5,000) for the biennium ending June 30, 1953, for the support of the state board of sheep commissioners.
________
Assembly Bill No. 211Messrs. Anderson and Humphrey
CHAPTER 197
AN ACT to amend an act entitled An act relating to public welfare, creating the state welfare department, defining its powers and duties, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, became a law March 30, 1949.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being section 5146.12, 1929 N. C. L. 1949 Supp., is hereby amended by adding after section 12 the following section, to be known as section 12a, and to read as follows:
Section 12a. The husband, wife, father, mother, and children of an applicant for or recipient of public assistance if of sufficient financial ability so to do are liable for the support of such applicant or recipient.
κ1951 Statutes of Nevada, Page 297 (CHAPTER 197, AB 211)κ
Public assistance, for the purposes of this act, shall include old-age assistance, child welfare services and Nevada state childrens home, on the state and county level. The state welfare department shall investigate the ability of responsible relatives to contribute to the support of an applicant for or recipient of public assistance and shall determine the amount of such support for which such relative is responsible. In determining the amount of support for which such relative is responsible his or her financial circumstances shall be given due consideration. In no case shall a relative be required to make contributions greater than the amount fixed by the relative responsibility scale set forth below. A married daughter of the applicant shall not be required to make contributions unless she has income constituting her separate property.
Net Relatives Contribution Scale
monthly
income of Maximum Required Monthly Contribution
responsible Number of Persons Dependent Upon Income
relatives in 10
dollars 1 2 3 4 5 6 7 8 9 or over
Under $200.......... $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
$200-249.............. 10 0 0 0 0 0 0 0 0 0
250-299.............. 15 0 0 0 0 0 0 0 0 0
300-349.............. 20 15 10 5 0 0 0 0 0 0
350-399.............. 25 20 15 10 5 0 0 0 0 0
400-449.............. 35 30 25 20 15 10 0 0 0 0
450-499.............. 45 40 35 30 25 20 15 10 0 0
500-549.............. 55 50 45 40 35 30 25 20 15 10
550-599.............. 65 60 55 50 45 40 35 30 25 20
600-649.............. 75 70 65 60 55 50 45 40 35 30
650-699.............. 85 80 75 70 65 60 55 50 45 40
700 and over...... 85 80 75 70 65 60 55 50 45 40
The county commissioners shall advise the district attorney of the county in which such relatives reside of failures to reimburse the county and the circumstances incidental thereto and the district attorney shall cause appropriate legal action to be taken to enforce such support, and in addition may collect a reasonable fee which shall be added to the costs of the action in any justice court of the state, expense of such fee and costs to be borne by the relative.
The liability of a relative to contribute to the support of a recipient of public assistance established by this act shall not be grounds for denying or discontinuing public assistance to any person; provided, however, that by accepting such public assistance the recipient thereof shall be deemed to consent to suit in his name by the county against such responsible living relative or relatives and to secure an order for his support.
________
κ1951 Statutes of Nevada, Page 298κ
Assembly Bill No. 111Mr. Humphrey
CHAPTER 198
AN ACT to provide the licensing of minors fourteen years of age or more to operate a power cycle; defining a power cycle; providing for method of application, control, revocation, and other matters properly connected therewith.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A power cycle is a motor vehicle weighing not to exceed 200 pounds avoirdupois, fully equipped, without gasoline or oil, and propelled by a motor or engine developing not to exceed five horsepower, designed to travel on not more than three wheels in contact with the ground at a maximum speed not to exceed 35 miles per hour.
Sec. 2. A minor person, fourteen years of age or over, may apply for a license to operate a power cycle, providing that the application shall be signed and verified by a parent or guardian of the child.
Sec. 3. Every application for said license shall be made upon a form furnished by the public service commission of Nevada, drivers license division, and there shall be no charge for the making and filing of said application.
Sec. 4. The public service commission of Nevada, drivers license division, is authorized to prescribe reasonable tests and examinations concerning the qualifications of the applicant as a licensee of the power cycle. The public service commission of Nevada, drivers license division, shall issue to every applicant qualifying therefor an operators license for a power cycle, which license shall bear thereon a number assigned to licensee, the full name, date of birth, residence address and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. The charge for any license issued under the provisions of this act shall be one dollar ($1) and all money collected under this act shall be deposited at least once each month with the treasurer of the State of Nevada who shall deposit the money to the credit of the state highway fund.
Sec. 5. Every licensee shall have his operators license in his immediate possession at all times when operating a power cycle and shall display the same upon demand of a police judge, municipal court, justice of the peace, peace officer or a deputy of the public service commission of Nevada.
Sec. 6. Every license issued hereunder shall expire June 30 every odd-numbered year, unless revoked or suspended earlier for cause.
Sec. 7. The violation of this act or any provision thereof shall constitute a misdemeanor.
Sec. 8. All acts or parts of acts in conflict herewith are hereby repealed insofar as they conflict.
Sec. 9. This act shall be effective from and after May 15, 1951.
________
κ1951 Statutes of Nevada, Page 299κ
Assembly Substitute for Assembly Bill No. 2Committee on Livestock
CHAPTER 199
AN ACT to amend an act entitled An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 375 of the above-entitled act, being section 10325, N. C. L. 1929, is hereby amended to read as follows:
Section 375. Every person who shall feloniously steal, take and carry, lead, drive or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny, or any one or more head of cattle or horses or any sheep, goat, hog, shoat, poultry, or pig, not his own property but belonging to some other person; and every person who shall mark or brand, or cause to be marked or branded, or shall alter or deface, or cause to be altered or defaced, a mark or brand upon any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny, or any one or more head of cattle or horses, or any sheep, goat, hog, shoat, poultry, or pig, not his own property but belonging to some other person, with intent thereby to steal the same or to prevent the identification thereof by the true owner, or to defraud; and every person who, with intent to defraud, or to appropriate to his own use, shall willfully kill any animal running at large, not his own, whether branded, marked or not; and every person who shall sell or purchase, with intent to defraud, the hide or carcass of any animal the brand or mark on which has been cut out or obliterated, shall be deemed guilty of grand larceny, and upon conviction shall be punished by imprisonment in the state prison for any term not less than one year nor more than fourteen years.
Sec. 2. Section 375 of the above-entitled act, being section 10325, N. C. L. 1929, is further amended by adding thereto a new section, to be known as section 375a, to read as follows:
Section 375a. All state, county, city and township peace and law enforcement officials, including sheriffs, their deputies, constables, their deputies, fish and game wardens, and state police, are hereby empowered and forthwith directed to pursue, apprehend and arrest whenever or wherever, irrespective of county boundaries within the state, any person who shall feloniously steal, take and carry, lead, drive or entice away any horse, mare, gelding, colt, cow, bull, steer, calf, mule, jack, jenny, or any one or more head of cattle or horses or any sheep, goat, hog, poultry, shoat or pig not his own property but the property of another.
Sec. 3. Section 375 of the above-entitled act, being section 10325, N. C. L. 1929, is further amended to add thereto a new section, to be known as section 375b, to read as follows:
Section 375b. Upon apprehension and arrest of any person in violation of this act, the arresting officer or officers shall forthwith take said person before the nearest or most accessible magistrate without unnecessary delay, to be there dealt with according to law.
κ1951 Statutes of Nevada, Page 300 (CHAPTER 199, AB 2)κ
said person before the nearest or most accessible magistrate without unnecessary delay, to be there dealt with according to law.
Sec. 4. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 234Committee on Veterans Affairs
CHAPTER 200
AN ACT to amend an act entitled An act to provide revenue for the support of the government of the State of Nevada, providing penalties for the violation thereof, and to repeal certain acts relating thereto, approved March 23, 1891, as amended.
[Approved March 20, 1951]
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 6418, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 5. All property of every kind and nature whatsoever within this state shall be subject to taxation except:
First-All lands and other property owned by the state, or by the United States, not taxable because of the constitution or laws of the United States, or by any county, incorporated farm bureau, domestic, municipal corporation, irrigation, drainage, or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state; also nonprofit private schools, with lots appurtenant thereto, and furniture and equipment, drainage ditches and canals, together with the lands which are included in the rights-of-way of such.
Second-Unpatented mines and mining claims; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States or of the state or improvements thereon, or the proceeds of the mines; and provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States.
Third-Churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand used therewith and necessary thereto, owned by some recognized religious society or corporation and parsonages so owned; provided, that when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxes.
Fourth-The funds, furniture, paraphernalia, and regalia owned by any lodge of the order of Free and Accepted Masons, or the Independent Order of Odd Fellows, or of any similar charitable organization, or by any benevolent or charitable society so long as the same shall be used for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society, or organization.
κ1951 Statutes of Nevada, Page 301 (CHAPTER 200, AB 234)κ
for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society, or organization.
Fifth-All cemeteries and graveyards set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein.
Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars; the property including community property to the extent only of his or her right or interest therein of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year.
Seventh-The real property owned and used exclusively by any post of any national organization of ex-service men or women for the legitimate purposes and customary objects of such posts; provided, that such exemption shall in no case exceed the sum of five thousand dollars ($5,000) to any one post or organization thereof. The property of any person who has served in the armed forces of the United States in time of war, the definition of service in time of war to be determined from the dates of beginning and closing of wars as determined by act or resolution of congress, and upon severance of such service has received an honorable discharge or certificate of service from such armed forces, or who having so served is still serving in such armed forces, shall be exempt from taxation to the extent of one thousand ($1,000) dollars assessed valuation of such property; provided, however, that for the purposes of this section the first one thousand ($1,000) dollars assessed valuation of property in which such person has any interest shall be deemed the property of such person. Such exemptions shall be allowed only to claimants who shall make an affidavit annually on or before the second Monday of July, for the purpose of being exempt on the tax roll; provided, however, that said affidavit may be made at any time by a person claiming exemption from taxation on personal property. Said affidavit to be made before the county assessor to the effect that they are actual bona fide residents of the State of Nevada, and have been an actual bona fide resident of the State of Nevada, and established his residence for a period of more than six months immediately preceding the making of said affidavit, that such exemption is claimed in no other county within this state; provided, however, that persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption, and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavit filed; provided further, that in case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts; and provided further, that the assessors of each of the several counties of this state shall require, before allowing any veterans exemption pursuant to the provisions of this act, proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of service or certified copy thereof, or such other proof of status as may be necessary, and any person who shall make a false affidavit or produce false proof to the assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand dollars ($1,000) or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.
κ1951 Statutes of Nevada, Page 302 (CHAPTER 200, AB 234)κ
behalf during the period of such service by any person having knowledge of the facts; and provided further, that the assessors of each of the several counties of this state shall require, before allowing any veterans exemption pursuant to the provisions of this act, proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of service or certified copy thereof, or such other proof of status as may be necessary, and any person who shall make a false affidavit or produce false proof to the assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand dollars ($1,000) or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.
Eighth-There shall also be exempt from taxation of all real property owned by any fraternity or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of five thousand dollars ($5,000) to any one fraternity or chapter thereof.
Ninth-The buildings, with their furniture and equipments, and the lots of grounds on which they stand, used therewith and necessary thereto of the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross and any of its chapters in the State of Nevada, the Salvation Army Corps, Girl Scouts of America, and the Boy Scouts of America; provided, that when any such property is used for other than Young Mens Christian Association, Young Womens Christian Association, American National Red Cross, or any of its chapters in the State of Nevada, Salvation Army Corps, Girl Scouts of America, or Boy Scouts of America purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed; provided, that such exemption shall in no case exceed the sum of five thousand dollars ($5,000) to anyone association or organization thereof.
Tenth-All real and personal property of the Nevada childrens foundation, inc., in the State of Nevada, shall be exempt from taxation; provided, that when and if such property is used for any purpose other than carrying out the legitimate functions of the Nevada childrens foundation, inc., the same shall be taxed.
Eleventh-Notwithstanding any other provision of this act or any section or subsection thereof, all claims for tax exemptions on real property shall be filed on or before the second Monday in July of the year for which they seek tax exemption.
________
κ1951 Statutes of Nevada, Page 303κ
Assembly Bill No. 266Clark County Delegation
CHAPTER 201
AN ACT to amend an act entitled An act fixing the salaries and compensation of the officers and deputy officers of Clark County, and repealing all other acts and parts of acts in conflict therewith, approved March 5, 1947.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 29, page 34, Statutes of Nevada 1947, as amended by chapter 131, page 218, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 1. From and after April 1, 1951, the county officers and deputy county officers of Clark County, Nevada, shall receive the following salaries and compensation, which shall be full compensation for all services rendered:
The sheriff of Clark County shall receive a salary of six thousand ($6,000) dollars per annum. The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall also receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Clark or the State of Nevada are parties thereto. He shall also be allowed to appoint an undersheriff who shall receive a salary to be fixed by the board of county commissioners, but in no event to exceed five thousand ($5,000) dollars per annum.
The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of six thousand ($6,000) dollars per annum.
The county assessor shall receive a salary of five thousand four hundred ($5,400) dollars per annum.
The district attorney shall receive a salary of six thousand ($6,000) dollars per annum.
The county treasurer shall receive a salary of six thousand ($6,000) dollars per annum.
The county recorder and auditor shall receive a salary of six thousand ($6,000) dollars per annum.
The members of the board of county commissioners shall each receive a salary of three thousand dollars ($3,000) per annum. Each commissioner shall be entitled to traveling expenses in the sum of ten cents per mile in traveling to and from the commissioners meetings. The chairman of the board of county commissioners, without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.
Sec. 2. Section 2 of the above-entitled act, being chapter 29, page 34, Statutes of Nevada 1947, as amended by chapter 131, page 218, Statutes of Nevada 1949, is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 304 (CHAPTER 201, AB 266)κ
Section 2. The county recorder and auditor, the county clerk and ex officio clerk of the district court, the county assessor, and the county treasurer may each appoint a chief deputy at a salary to be fixed by the board of county commissioners, but in no event to exceed four thousand two hundred ($4,200) dollars per annum.
Sec. 3. Section 3 of the above-entitled act, being chapter 29, page 34, Statutes of Nevada 1947, as amended by chapter 131, page 218, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 3. The district attorney shall be allowed to employ an administrative assistant at a salary to be fixed by the board of county commissioners, but in no event to exceed four thousand two hundred ($4,200) dollars per annum. The district attorney shall also be allowed to employ such clerical help as the work in his office may justify, the compensation of such clerical help to be fixed by the board of county commissioners.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 5. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 30Committee on Livestock
CHAPTER 202
AN ACT to amend an act entitled An act to encourage and promote improvement in quality of livestock in the State of Nevada; to create the Nevada junior livestock show board, and to provide for a junior livestock show, and to appropriate funds therefor, approved March 27, 1945, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8 of the above-entitled act, being section 4047.01, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 8. Funds to carry out the provisions of this act shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law, and shall be paid out on claims as other claims against the state are paid.
Sec. 2. Section 9 of the above-entitled act, being section 4048, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 9. It shall be proper and lawful for the Nevada junior livestock show board to cooperate with the farm organizations and livestock associations of the state, and the various counties and cities in the holding of a junior livestock show at such time as shall be designated by the Nevada junior livestock show board.
Sec. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act shall become effective immediately after its passage and approval.
________
κ1951 Statutes of Nevada, Page 305κ
Senate Bill No. 90Senator Munk
CHAPTER 203
AN ACT to regulate the sale and distribution of commercial fertilizers and agricultural minerals; providing for the registration and labeling thereof; defining certain terms; fixing certain fees; and providing for the inspection, sampling and analysis thereof; providing penalties for the violation thereof; and other matters relating thereto; and repealing all acts and parts of acts in conflict herewith.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be administered by the state department of agriculture, under the direct supervision of some person designated by same, hereinafter referred to as the director.
Sec. 2. When used in this act:
(a) The term person includes individuals, partnerships, associations, firms, and corporations.
(b) The term distributor means any person who offers for sale, sells, barters, or otherwise supplies commercial fertilizers or agricultural minerals.
(c) The term sell or sale includes exchange.
(d) Words imputing the singular number may extend and be applied to several persons or things, and words imputing the plural number may include the singular.
(e) The term brand means any term, design or trade mark used in connection with one or several grades of fertilizers or agricultural minerals.
(f) The term grade means the minimum percentage of total nitrogen, available phosphoric acid, and soluble potash stated in the order given in this definition and, when applied to mixed fertilizers, shall be in whole numbers only.
(g) The term official sample means any sample of commercial fertilizer or agricultural mineral taken by the director or his agent according to the methods prescribed by the director.
(h) The term ton means a net ton of two thousand pounds avoirdupois.
(i) The term percent or percentage means the percentage by weight.
(j) The term commercial fertilizers means substances and mixtures of substances containing five (5) percent or more of nitrogen, available phosphoric acid, phosphorus pentoxide, or potassium oxide soluble in distilled water, single, collectively, or in combination, excepting manures, hays, straws, peat, and leaf mold.
(k) The term agricultural minerals means substances, mixtures of mineral substances, and mixtures of mineral and organic substances, containing less than five (5) percent in available form of nitrogen, phosphorus pentoxide or potassium oxide, singly, collectively or in combination, except sand and soil, unless otherwise authorized by the director.
κ1951 Statutes of Nevada, Page 306 (CHAPTER 203, SB 90)κ
(l) The term manures means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those which have been used for bedding, sanitary or feeding purposes for said animals or fowls or for the preservation of manure.
(m) The term auxiliary plant chemicals means substances such as hormones, auxins, materials for reducing pre-harvest drop of fruit, materials for promoting rooting of cuttings, bacterial inoculants, and similar products intended to be used for influencing plant life.
(n) The term soil amendments means all substances, except those included within subsections (j), (k), (l), and (m), and includes hays, straws, peat, leaf mold, sand, and soil.
Sec. 3. (a) Each brand and grade of commercial fertilizer or agricultural mineral shall be registered with the state department of agriculture before being offered for sale, sold, or distributed in this state. The application for registration shall be submitted in duplicate to the director on forms furnished by him, and shall be accompanied by a registration fee of twenty-five dollars ($25) per brand; the applicant shall also deposit with said state department of agriculture an air-tight container containing not less than two (2) pounds of such fertilizer or agricultural mineral, with an affidavit that it is a fair sample of the fertilizer or agricultural mineral to be sold or offered for sale. Upon approval by the director a copy of the registration shall be furnished to the applicant. All registrations expire on June 30 of each year. The application shall include the following information in the following order:
(1) The name and address of the person guaranteeing the registration.
(2) The brand and grade.
(3) The guaranteed analysis showing the minimum percentage and source of plant food claimed in the following order and form:
Total nitrogen-percentage ................, source ................
Available phosphoric acid, percentage ................, source ................
Total phosphoric acid, percentage ................, source ................
Soluble potash, percentage ................, source ................
Unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to both total and available phosphoric acid, and the degree of fineness. In the case of bone, tankage, and other natural organic phosphate materials, only the total phosphoric acid need be guaranteed. Additional plant food elements, determined by chemical methods, may be guaranteed only by permission of the director. When any such additional plant foods are claimed they shall be included in the guarantee, and shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the director. The director may permit or require the potential basicity or acidity (expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds per ton) to be registered and guaranteed.
(b) The guaranteed analysis of agricultural minerals shall be stated as follows:
κ1951 Statutes of Nevada, Page 307 (CHAPTER 203, SB 90)κ
(1) Limestone, limerock, chalk, dolomite, dolomitic limestone, marl, oyster shell, shells and every other agricultural mineral, the principal constituent of which is calcium carbonate, the neutralizing powers expressed as calcium carbonate equivalent.
(2) Burnt lime, quick lime, and every agricultural mineral, the principal constituent of which is calcium oxide, the percentage of calcium oxide therein.
(3) Hydrated lime, slacked lime, and every agricultural mineral, the principal constituent of which is calcium hydroxide, the percentage of calcium hydroxide therein.
(4) By-products in the manufacture of sugar or acetylene and every other agricultural mineral obtained as a by-product, the principal constituent of which is a compound of calcium, the neutralizing powers expressed as calcium carbonate equivalent.
(5) Gypsum, land plaster, plaster, and every agricultural mineral, the principal constituent of which is calcium sulphate, the percentage of calcium sulphate dehydrate (CaSO4-2H2O) therein.
(6) Sulphur, brimstone, and every agricultural mineral, the principal ingredient of which is elemental sulphur, the percentage of elemental sulphur therein.
(7) In the case of any agricultural mineral not specifically mentioned herein, the percentage of all constituents claimed to be therein in terms or equivalent as prescribed by the director.
(8) In the case of any mixture of two or more agricultural minerals, the percentage of each principal constituent as above prescribed.
Sec. 4. (a) Any commercial fertilizer or agricultural mineral offered for sale or sold or distributed in this state in bags, barrels, or other container shall have placed or affixed to the container in written or printed form the net weight and the information required by paragraphs (a) items 1, 2, 3, and/or paragraph (b) item 4 of section 3 either (1) on tags affixed to the end of the package between the ears and/or on the sewed end or (2) directly on the package in which case, for bags containing 50 pounds or more, the grade shall appear also on the end of the package in type that is plainly legible.
(b) If distributed in bulk, a written or printed statement of the weight and the information required by paragraph (a) items 1, 2, 3, and/or paragraph (b) item 4 of section 3 shall accompany delivery and be supplied to the purchase.
Sec. 5. There shall be paid to the state department of agriculture for all commercial fertilizers or agricultural minerals offered for sale, sold, or distributed in this state, a fee at the rate of twenty cents (20’) per ton on every ton if sold in packages or two cents (2’) per ton if sold in bulk; provided, that sales to manufacturers or exchange between them are hereby exempted. The state department of agriculture shall prepare suitable forms for reporting sales and on request shall furnish the same without cost to all persons dealing in registered brands of commercial fertilizer or agricultural minerals and the state department of agriculture shall promulgate rules and regulations for the payment and collection of such moneys.
κ1951 Statutes of Nevada, Page 308 (CHAPTER 203, SB 90)κ
Sec. 6. All moneys received by the state department of agriculture under the provisions of this act shall be forwarded to the state treasury, and placed in a fund hereby created and to be known as the fertilizer control fund, and such moneys are hereby perpetually appropriated for the purpose of carrying out the provisions of this act, and particularly for the purpose of purchasing samples of fertilizers for testing and analysis; for making or procuring analysis to be made; for printing of such forms, licenses, and other records and supplies required for making this act effective, and for all other expenses properly incurred by or under the direction of said state department of agriculture, its agents and employees; provided that no obligation shall be incurred under this act in excess of the amount available or in said fertilizer control fund.
Sec. 7. (a) It shall be the duty of the director, who may act through his authorized agent, to sample, inspect, make analyses of, and test commercial fertilizers and agricultural minerals distributed within this state at such time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers and agricultural minerals are in compliance with the provisions of this act. The director, individually or through his agent, is authorized to enter upon any public or private premises during regular business hours in order to have access to commercial fertilizers and agricultural minerals subject to the provisions of this act and the rules and regulations pertaining thereto.
(b) The methods of analysis shall be those adopted by the director from sources such as those of the association of official agricultural chemists.
(c) The director, in determining for administrative purposes whether any commercial fertilizer or agricultural mineral is deficient in plant food, shall be guided solely by the official sample as defined in paragraph (g) of section 2, and obtained and analyzed as provided for in paragraph (b) of section 7.
(d) The results of official analysis of any commercial fertilizer or agricultural mineral which has been found to be subject to penalty or other legal action shall be forwarded by the director to the registrant at least ten days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the director the report shall become official. Upon request the director shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.
Sec. 8. (a) If the analysis shall show that any commercial fertilizer or agricultural mineral falls short of the guaranteed analysis in any one ingredient, penalty shall be assessed in accordance with the following provisions:
(1) Total nitrogen: A penalty of three times the value of the deficiency, if such deficiency is in excess of 0.20 of one percent on goods that are guaranteed 2 percent; 0.25 of one percent on goods that are guaranteed 3 percent; 0.35 of one percent on goods that are guaranteed 4 percent; 0.40 of one percent on goods that are guaranteed 5 percent up to and including 8 percent; 0.50 of one percent on goods guaranteed above 8 percent up to and including 30 percent; and 0.75 of one percent on goods guaranteed over 30 percent.
κ1951 Statutes of Nevada, Page 309 (CHAPTER 203, SB 90)κ
percent up to and including 8 percent; 0.50 of one percent on goods guaranteed above 8 percent up to and including 30 percent; and 0.75 of one percent on goods guaranteed over 30 percent.
(2) Available phosphoric acid: A penalty of three times the value of the deficiency, if such deficiency exceeds 0.40 of one percent on goods that are guaranteed up to and including 10 percent; 0.50 of one percent on goods that are guaranteed above 10 percent up to and including 25 percent; and 0.75 of one percent on goods guaranteed over 25 percent.
(3) Soluble potash: A penalty of three times the value of the deficiency, if such deficiency is in excess of 0.20 of one percent on goods that are guaranteed 2 percent; 0.30 of one percent on goods that are guaranteed 3 percent; 0.40 of one percent on goods that are guaranteed 4 percent; 0.50 of one percent on goods guaranteed above 4 percent up to and including 8 percent; 0.60 of one percent on goods guaranteed above 8 percent up to and including 20 percent; and 1.00 percent on goods guaranteed over 20 percent.
(4) Deficiencies in any other constituent or constituents covered under paragraph (b) of section 3, of this act which the registrant is required to or may guarantee shall be evaluated by the director and penalties therefor shall be prescribed by him.
(b) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction praying for judgment as to the justification of such penalties.
(c) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer or agricultural mineral represented by the sample analyzed within three months after the date of notice from the director to the registrant, receipt taken therefor and promptly forwarded to the director. If said consumer cannot be found, the amount of the penalty shall be paid to the state department of agriculture who shall deposit the same with the state treasury for credit to the fertilizer control fund.
Sec. 9. For the purpose of determining the commercial values to be applied under the provisions of section 8, the director shall determine and publish annually the values per pound of nitrogen, phosphoric acid, and potash in commercial fertilizers or agricultural minerals in this state. The values so determined and published shall be used in determining and assessing penalties.
Sec. 10. A commercial fertilizer or agricultural mineral is misbranded if it carries any false or misleading statement upon or attached to the container or in any advertising matter accompanying or associated with the commercial fertilizer or agricultural mineral. It shall be unlawful to distribute a misbranded commercial fertilizer or agricultural mineral.
Sec. 11. The director shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial fertilizers and agricultural minerals, together with such data on their production and use as he may consider advisable, and a report of the results of the analysis based on official samples of commercial fertilizer or agricultural minerals sold within the state as compared with the analyses guaranteed under sections 3 and 4; provided, however, that the information concerning production and use of commercial fertilizers or agricultural minerals shall be shown separately for the periods, July first to December thirty-first and January first to June thirtieth of each year, and that no disclosure shall be made of the operations of any person.
κ1951 Statutes of Nevada, Page 310 (CHAPTER 203, SB 90)κ
the results of the analysis based on official samples of commercial fertilizer or agricultural minerals sold within the state as compared with the analyses guaranteed under sections 3 and 4; provided, however, that the information concerning production and use of commercial fertilizers or agricultural minerals shall be shown separately for the periods, July first to December thirty-first and January first to June thirtieth of each year, and that no disclosure shall be made of the operations of any person.
Sec. 12. For the enforcement of this act, the director is authorized to prescribe, and, after public hearing following due public notice, to enforce such rules and regulations relating to the distribution of commercial fertilizers or agricultural minerals as he may find necessary to carry into effect the full intent and meaning of this act.
Sec. 13. If any commercial fertilizer or agricultural mineral in the the possession of the consumer is found by the director to be short in weight, the registrant of said commercial fertilizer shall within thirty days after official notice from the director pay to the consumer a penalty equal to four times the value of the actual shortage.
Sec. 14. The director is authorized and empowered to cancel the registration of any brand of commercial fertilizer or agricultural mineral or to refuse to register any brand of commercial fertilizer or agricultural mineral as herein provided, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or attempted evasion of the provisions of this act or any rules and regulations promulgated thereunder; provided, that no registration shall be revoked or refused until the registrant shall have been given the opportunity to appear for a hearing by the director.
Sec. 15. The director may issue and enforce a written or printed stop sale, use or removal order to the owner or custodian of any lot of commercial fertilizer or agricultural mineral, and to hold at a designated place when the director finds said commercial fertilizer or agricultural mineral, is being offered or exposed for sale in violation of any of the provisions of this act until the law has been complied with and said commercial fertilizer or agricultural mineral is released in writing by the director or said violation has been otherwise legally disposed of by written authority. The director shall release the commercial fertilizer or agricultural mineral so withdrawn when the requirements of the provisions of this act have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Sec. 16. Any lot of commercial fertilizer or agricultural mineral not in compliance with the provisions of this act shall be subject to seizure on complaint of the director, to a court of competent jurisdiction in the area in which said commercial fertilizer or agricultural mineral is located. In the event the court finds the said commercial fertilizer or agricultural mineral to be in violation of this act and orders the condemnation of said commercial fertilizer or agricultural mineral, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer or agricultural mineral and the laws of the state; provided, that in no instance shall the disposition of said commercial fertilizer or agricultural mineral be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer or agricultural mineral or for permission to process or re-label said commercial fertilizer or agricultural mineral to bring it into compliance with this act.
κ1951 Statutes of Nevada, Page 311 (CHAPTER 203, SB 90)κ
laws of the state; provided, that in no instance shall the disposition of said commercial fertilizer or agricultural mineral be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial fertilizer or agricultural mineral or for permission to process or re-label said commercial fertilizer or agricultural mineral to bring it into compliance with this act.
Sec. 17. (a) If it shall appear from the examination of any commercial fertilizer or agricultural mineral that any of the provisions of this act or the rules and regulations issued thereunder have been violated, the director shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken, any person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the director; if it appears after such hearing either in the presence or absence of the person so notified, that any of the provisions of this act or rules and regulations issued thereunder have been violated the director may certify the facts to the proper prosecuting attorney.
(b) Nothing in this act shall be construed as requiring the director or his representative to report for prosecution or for the institution of seizure proceedings minor violations of the act when he believes that the public interests will be best served by a suitable notice of warning in writing.
(c) It shall be the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
(d) The director is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this act or any rule or regulation promulgated under the act notwithstanding the existence of other remedies at law. Said injunction to be issued without bond.
Sec. 18. Nothing in this act shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or agricultural minerals to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipment of commercial fertilizers or agricultural minerals to manufacturers or manipulators who have registered their brands as required by the provisions of this act.
Sec. 19. All acts and parts of acts in conflict with this act, including that certain act entitled: An act regulating the sale and distribution of commercial fertilizers in the State of Nevada; defining the products subject to this act; providing for labeling or tagging all containers of such products with guaranteed analysis, and other facts; providing for registration of all persons dealing in such fertilizers with the state department of agriculture, and for fees for registration, and for payment of a specified sum per ton; providing for the analysis and for furnishing and obtaining samples for analysis; making an appropriation; and providing penalties therefor, approved March 29, 1949, same being chapter 303, Statutes of Nevada 1949, are hereby repealed; provided, that all moneys now in the experimental fertilizer fund established by section 10 of said act shall be transferred to and deposited in the fertilizer control fund established by section 6 of this act.
κ1951 Statutes of Nevada, Page 312 (CHAPTER 203, SB 90)κ
are hereby repealed; provided, that all moneys now in the experimental fertilizer fund established by section 10 of said act shall be transferred to and deposited in the fertilizer control fund established by section 6 of this act.
Sec. 20. Any person violating any provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, be punished accordingly.
Sec. 21. Each section of this act, and every part of each section, are hereby declared to be independent sections and parts of sections, and the holding of any section, or part thereof, to be void or ineffective for any cause shall not be deemed to affect, nor shall it affect, any other section or any part thereof.
Sec. 22. This act shall be in full force and effect on and after July 1, 1951; provided, that any time after the passage and approval of same, the state department of agriculture, may do anything necessary, including the notification of any person concerned of its provisions or any regulations issued thereunder, and may accept and consider applications for licenses as provided above, and such licenses issued to be effective as of July 1, 1951.
________
Assembly Bill No. 100Committee on Public Health and Public Morals
CHAPTER 204
AN ACT to amend an act entitled An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, providing for the impartial selection of personnel on the basis of merit, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor, and other matters relating thereto, approved March 27, 1911, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 17 of the above-entitled act, being section 5251, 1929 N. C. L., is hereby amended to read as follows:
Section 17. (a) That all superintendents or managers, or other persons in charge of hospitals, almshouses, lying-in or other institutions, public or private, to which persons resort for treatment of diseases, confinement, or are committed by process of law, are hereby required to make a record of all the personal and statistical particulars relative to the inmates in their institutions at the date of the approval of this act, that are required in the forms of the certificates provided for by this act, as directed by the state board of health; and thereafter such record shall be, by them, made for all future inmates at the time of their admission. And in case of persons admitted or committed for medical treatment of disease, the physician in charge shall specify for entry in the record the nature of the disease, and where, in his opinion, it was contracted. The personal particulars and information required by this section shall be obtained from the individual himself, if it is practicable to do so; and when they cannot be so obtained, they shall be secured in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts.
κ1951 Statutes of Nevada, Page 313 (CHAPTER 204, AB 100)κ
required by this section shall be obtained from the individual himself, if it is practicable to do so; and when they cannot be so obtained, they shall be secured in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts.
(b) It shall be the duty of every attending physician to forthwith report to the local health officer each and every case of scarlet fever, smallpox, diphtheria, and membranous croup, typhus and typhoid fever, foyer and whooping cough, measles, chickenpox, pneumonia, tuberculosis, bronchitis, acute anterior poliomyelitis, cerebro-spinal meningitis, diarrheal diseases of children, cancer, puerperal septicemia, mumps, and Rocky Mountain (tick) fever, and the local health officer shall make a record thereof. Any attending physician who shall fail or neglect to forthwith report to the local health officer any case of scarlet fever, smallpox, diphtheria, and membranous croup, typhus and typhoid fever, foyer and whooping cough, measles, chickenpox, pneumonia, tuberculosis, bronchitis, acute anterior poliomyelitis, cerebro-spinal meningitis, diarrheal diseases of children, cancer, puerperal septicemia, mumps, and Rocky Mountain (tick) fever shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than ten days nor more than thirty days, or by both such fine and imprisonment.
(c) It shall be the duty of every attending physician upon any case of scarlet fever, smallpox, diphtheria, and membranous croup, whooping cough, measles, chickenpox, acute anterior poliomyelitis, cerebro-spinal meningitis, diarrheal disease of children, puerperal septicemia or mumps to forthwith establish and maintain a quarantine of such person or persons or the family and premises thereof in conformity with the requirements, rules and regulations which shall be established by the state board of health, and any attending physician who fails to establish and maintain such quarantine in conformity with the requirements, rules, and regulations of the state board of health shall be guilty of a misdemeanor, and punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than thirty days, or by both such fine and imprisonment.
(d) It shall be the duty of every attending physician upon any case of infectious tuberculosis to forthwith establish and maintain the isolation of such person or persons in conformity with the requirements, rules and regulations which shall be established by the state board of health.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 314κ
Assembly Bill No. 333Washoe County Delegation
CHAPTER 205
AN ACT authorizing and enabling Reno school district No. 10, Washoe County, Nevada, to lease buildings owned by the said school district; authorizing the issuance and sale of bonds to be repaid with revenues derived from the said lease or leases, and other matters properly relating thereto.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Reno school district No. 10 of Washoe County, Nevada, is hereby authorized and empowered to lease any school buildings owned by it to such person or persons and upon such terms and conditions as the trustees of said school board, in their discretion, may determine.
Sec. 2. The Reno school district No. 10, Washoe County, Nevada, is further authorized and empowered to issue and sell bonds, serial or otherwise, bearing interest not exceeding five percent (5%) per annum, the said principal and interest to be repaid from the revenues derived from the lease of the building or buildings, as provided in the preceding section.
Sec. 3. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 269Committee on Judiciary
CHAPTER 206
AN ACT to amend an act entitled An act to regulate proceedings in criminal cases in this state, and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 330 of the above-entitled act, being paragraph 10978, N. C. L. 1929, is hereby amended to read as follows:
Section 330. A conviction shall not be had on the testimony of an accomplice, unless he is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration shall not be sufficient if it merely shows the commission of the offense or the circumstances thereof. An accomplice is hereby defined as one who is liable to prosecution, for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 3. This act shall take effect immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 315κ
Assembly Bill No. 275Miss Smith
CHAPTER 207
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, as amended.
[Approved March 20, 1951]
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 inserting therein a new section to be numbered 163 1/2 to follow immediately after section 163, which shall read as follows:
Section 163 1/2. In any county in this state wherein there is situate unorganized school district territory and it is determined by the deputy state superintendent of schools of that county that it is impracticable and uneconomical to establish a school district or districts in such unorganized territory, and that there are children of school age residing therein entitled to receive the educational facilities of the nearest school, whether it be in the same county or an adjoining county, the deputy superintendent may certify such facts to the board of county commissioners of the county containing such unorganized territory and therein petition such board to include in its county budget sufficient funds to pay the costs of transportation of such children to the nearest accessible school, and such tuition fees as will reimburse the school district wherein the students are attending for its per pupil costs based on its own per pupil cost.
The board of county commissioners to whom such petition is presented shall budget such funds and authorize such transportation costs and fees as may be necessary to carry out the purposes of this section.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 107Committee on Public Morals
CHAPTER 208
AN ACT to amend an act entitled An act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto, approved March 19, 1931, as amended.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 3302-3302.16, inclusive, 1929 N. C. L. 1941 Supp., as amended and supplemented by sections 3302-3302.22a, 1929 N.
κ1951 Statutes of Nevada, Page 316 (CHAPTER 208, SB 107)κ
sections 3302-3302.22a, 1929 N. C. L. 1949 Supp., is further amended by adding thereto a new section, to be numbered section 10 F.1, and to read as follows:
Section 10 F.1. In order to facilitate the confidential investigation of violations of this act, and the rules and regulations promulgated by the Nevada tax commission pursuant hereto, there is hereby created the Nevada tax commission secretarys revolving fund. Upon the written request of the secretary of the Nevada tax commission, the state controller is directed to draw his warrant in favor of said secretary in the amount of one thousand dollars ($1,000), and upon presentation of the same to the state treasurer, the said treasurer shall pay the same. When said warrant is paid, the said secretary shall deposit said sum of one thousand dollars ($1,000) in a bank of reputable standing, which bank shall secure the said deposit with a depository bond satisfactory to the state board of examiners. Before the secretary of the Nevada tax commission shall receive said amount of one thousand dollars ($1,000) from the state treasurer, he shall furnish a bond to the State of Nevada in the penal sum of two thousand dollars ($2,000), conditioned upon the faithful performance of his duties hereunder.
The secretary of the Nevada tax commission is hereby authorized to use the said revolving fund to pay the reasonable expenses of agents and employees of the Nevada tax commission engaged in confidential investigations concerning the enforcement of this act, including the prepayment of said expenses where necessary, and whether said expenses be incurred for investigation of known or suspected violations hereof, provided, that in allowing such expenses the secretary shall not be limited or bound by the provisions of chapter 247 of the Statutes of 1949 or any act amendatory thereof or supplemental thereto; and provided further, that such investigation has been authorized by the governor or the tax commission of Nevada.
After the expenditure of money from said revolving fund the secretary of the Nevada tax commission shall present a claim to the board of examiners for the amount of said expenditure to be replaced in said revolving fund. Said claim shall be audited, allowed and paid as are other claims against the state, provided, however, that such claim shall not detail the investigation made as to the agent or employee making the same or the person or persons investigated, and provided further, that if the board of examiners be not satisfied with the claim, the members thereof may orally examine the said secretary concerning the same.
In no event shall the expenditures authorized by this act be deemed to be an exception to the limitation on expenditures placed by section 10 F hereof, but the expenditures herein authorized shall be deemed administrative expenses of this act, provided, however, that expenditures hereunder shall not exceed five thousand ($5,000) in any one calendar year.
Sec. 2. This act shall be effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 317κ
Assembly Bill No. 287Committee on Roads and Transportation
CHAPTER 209
AN ACT authorizing the state highway department to enter into reciprocal agreements with highway departments of western states and the bureau of public roads of the United States for testing the life of certain highways, and making an appropriation therefor.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state highway department, when authorized by its board of directors, is hereby authorized to enter into reciprocal agreements with the highway departments of any or all of the other western states, and the bureau of public roads of the United States, for the purpose of providing for and conducting road tests on flexible oil mix constructed highways to determine the life thereof. Such tests may be conducted within this state or elsewhere in accordance with the agreement or agreements therefor. The state highway department may expend from the state highway fund for the purposes of this act an amount not to exceed fifteen thousand ($15,000) dollars.
Sec. 2. This act shall be effective immediately upon its passage and approval and shall expire June 30, 1953.
________
Senate Bill No. 140Committee on Finance
CHAPTER 210
AN ACT to provide an appropriation for the office of the attorney general.
[Approved March 20, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. To carry out the provisions of chapter 42, Statutes of 1947, there is hereby appropriated from the general fund for the office of the attorney general the sum of five thousand five hundred dollars ($5,500). This appropriation shall be in addition to other appropriations for the support of the office of the attorney general and for the biennium commencing July 1, 1951 and ending June 30, 1953.
________
κ1951 Statutes of Nevada, Page 318κ
Senate Bill No. 110Committee on Banks, Banking and Corporations
CHAPTER 211
AN ACT to amend an act entitled An act designating the various classes of bonds and other securities in which the funds of the state and its various departments, institutions, and agencies, and of the state insurance funds, except those whose investment is expressly governed by the Nevada constitution, and except those which are received from the federal government or pursuant to federal law and whose investment is governed thereby, may be lawfully invested, and other matters relating thereto, approved March 29, 1943.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 191, page 280, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 1. Any law of this state to the contrary notwithstanding, the following bonds and other securities, or either or any of them, are and hereby are declared to be proper and lawful investments of any of the funds of this state, and of its various departments, institutions, and agencies, and of the state insurance fund, except such funds or moneys as the investment of which is governed by the provisions of the constitution of the State of Nevada, such as moneys for the benefit of the public schools of this state and for other educational purposes derived from land grants of the United States, escheat estates, gifts, and bequests for educational purposes, fines, and from other sources, as provided for in article XI, section 3 of the constitution of this state (Nevada Compiled Laws 1929, section 148); and except also such funds or moneys thereof as have been received or which may hereafter be received from the federal government or received pursuant to some federal law and the investment of which is governed thereby: Bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, or bonds of this state or other states of the union, bonds of any county of the State of Nevada or of other states, bonds of incorporated cities in this state or in other states of the union, general obligation bonds of irrigation and drainage districts in the State of Nevada which are liens upon the property within such districts, and the value of which property is found by the board or commission making such investments to render such bonds financially sound over and above all other obligations of such districts, bonds of school districts within the State of Nevada, bonds of any power and/or water district having a population of not less than 200,000 persons and situated in two (2) or more counties of the State of Nevada or of any other state, and which bonds are general obligation bonds and constitute a lien upon the property within said district which is subject to taxation and is of an assessed valuation of not less than five (5) times the amount of the bonded indebtedness of such district, temporary or emergency loans authorized under the provisions of sections 3010 to 3025, N.
κ1951 Statutes of Nevada, Page 319 (CHAPTER 211, SB 110)κ
temporary or emergency loans authorized under the provisions of sections 3010 to 3025, N. C. L. 1929, as amended, to counties, cities, and school districts at an interest rate determined by the state board of finance, and loans bearing interest at a rate of not less than six percent (6%) per annum when secured by first mortgages on agricultural lands in the State of Nevada of not less than three (3) times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 161Committee on Finance
CHAPTER 212
AN ACT to amend an act entitled An act to create a state printing fund in the State of Nevada, and other matters properly connected therewith, approved March 3, 1925.
[Approved March 21, 1951]
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 7510, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 2. The state printing fund shall consist of the funds appropriated to carry out the provisions of this act, and all moneys received into the printing fund from any source whatever in payment of all printing and binding done in the state printing office. From it all expenses for the support of the state printing office shall be paid, including the salary of the superintendent of state printing.
Sec. 2. The above-entitled act is hereby amended by adding a new section to be known as section 6a, immediately following section 6 of said act, being section 7514, Nevada Compiled Laws 1929, and reading as follows:
Section 6a. For the purpose of carrying out the provisions of this act, the sum of fifty thousand dollars ($50,000) is hereby appropriated from the general fund, and the state controller and state treasurer are hereby authorized and directed to make the necessary transfer of the money so appropriated.
Sec. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
κ1951 Statutes of Nevada, Page 320κ
Senate Bill No. 164Committee on Banks, Banking, and Corporations
CHAPTER 213
AN ACT to amend an act entitled An act to provide a means of incorporating banks and trust companies; to authorize banks and trust companies to conduct certain kinds of business; to provide for the regulation and control of such business; to provide for the appointment of a superintendent of banks; to prescribe the powers and duties of the state board of finance relative to the business of banking; to conform the charters of banks and trust companies now operating under the laws of the State of Nevada to the provisions of this act; to incorporate herein the provisions of the general corporation law, as amended; to provide for the reorganization, incorporation of assets, and the liquidation of banks and trust companies in certain cases; to make the violation of the provisions hereof criminal offenses, and to prescribe the punishment therefor; to repeal certain acts and all acts or parts of acts in conflict herewith; and other matters relating to banks and trust companies, approved March 28, 1933, as amended.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 37 of the above-entitled act, being section 747.36, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 37. Any national bank doing business in this state may merge or consolidate with a state bank, or incorporate as a state bank as provided herein for the organization of banks; provided, that the superintendent of banks may accept good assets of such national bank, at their actual cash value, in lieu of cash payments for the stock of such state bank.
Sec. 2. This act shall be in full force and effect upon its passage and approval.
________
Senate Bill No. 169Committee on Judiciary
CHAPTER 214
AN ACT to amend an act entitled An act to authorize the formation of nonprofit corporations for the purpose of engaging in charitable and eleemosynary activities, and prescribing the powers, operation, and management of such corporations, and other matters properly connected therewith, approved March 22, 1945.
[Approved March 21, 1951]
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 1853, 1929 N. C. L. 1949 Supp., is hereby amended so as to read as follows:
Section 1. Any number of persons, not less than three (3), citizens of the United States, who shall desire to associate themselves for the purpose of engaging in charitable or eleemosynary activities, may make, sign and acknowledge before any officer authorized to take acknowledgments in this state, and file in the office of the secretary of state a certificate in writing in which shall be stated:
κ1951 Statutes of Nevada, Page 321 (CHAPTER 214, SB 169)κ
(a) The name or title by which such corporation, association, or society shall be known in law;
(b) That it is a nonprofit corporation, organized solely for general charitable and eleemosynary purposes;
(c) The county in this state where the principal office for the transaction of the business of the corporation is to be located;
(d) The number of trustees, which shall not be less than three (3); their term of office; and how they are to be chosen.
(e) The names and residences of the trustees chosen for the first year;
(f) Any other matter which it is provided herein may or should be set out in the articles of incorporation.
The secretary of state shall make no charge for the filing of said certificate.
Sec. 2. Section 6 of the above-entitled act, being section 1853.05, 1929 N. C. L. 1949 Supp., is hereby amended so as to read as follows:
Section 6. The corporation shall be subject at all times to examination on behalf of the state to ascertain the condition of its affairs and to what extent, if at all, it may fail to comply with trusts which it has assumed or may depart from the general purpose for which it is formed. Such right of examination shall pertain ex officio to the attorney general. In case of any such failure or departure the attorney general shall institute in the name of the state, the proceedings necessary to correct the same.
The expenses of the corporation may be apportioned to the extent necessary against the various trust funds and property held by it, in the manner which seems just and equitable to the corporation, and the meeting of such expenses shall be deemed a charitable or eleemosynary purpose.
Sec. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act shall become effective upon its passage and approval.
________
Senate Bill No. 105Committee on Mining
CHAPTER 215
AN ACT to provide an appropriation for the advisory mining board of the State of Nevada.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the expenses authorized by law to be incurred by the advisory mining board of the State of Nevada, there is hereby appropriated from the general fund the sum of twenty-five hundred dollars ($2,500), to be paid out upon orders approved by the chairman and secretary of said board, and allowed and paid as are other claims against the State of Nevada.
________
κ1951 Statutes of Nevada, Page 322κ
Senate Bill No. 98Senator Nores
CHAPTER 216
AN ACT relating to professional and business pursuits, and regulating the practice of dispensing opticians.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act may be cited as the dispensing opticians act of 1951.
Sec. 2. In this act, unless the context otherwise requires:
Dispensing optician means a person engaged in the practice of ophthalmic dispensing.
Ophthalmic dispensing means the practice of filling prescriptions of licensed physicians, surgeons, or optometrists, and includes the taking of facial measurements, fitting and adjustment of lenses or frames, and duplication of lenses.
Licensed physician, surgeon or optometrist means a person licensed by the respective state board having jurisdiction thereof.
Board means the board of dispensing opticians.
Person includes firm, partnership or association.
Sec. 3. No person shall engage in the practice of dispensing optician, nor shall any person manage or have a financial interest in a business engaged in ophthalmic dispensing without first securing a certificate issued as provided by this act.
Sec. 4. Each applicant for a certificate as dispensing optician, and each person managing or having an interest in the general dispensing operations of such applicant, shall (1) have not less than five years actual experience in taking facial measurements and fitting and adjusting lenses and frames, under the immediate supervision of a dispensing optician or optometrist registered under the laws of the state, or licensed in another state as a dispensing optician for a period of not less than five years and five years actual shop experience, or (2) have successfully completed a course of study in a school of ophthalmic dispensing recognized by the board as maintaining a satisfactory standard.
Sec. 5. (a) Application for a certificate shall be made on a form prescribed by the board, and shall be under oath and signed by the applicant. The application shall contain: (1) the name under which the applicant proposes to do business and his business address; (2) the name and extent of experience of each person managing or having a financial interest in the business of the applicant; (3) proof that each such person has completed the educational requirements prescribed by section 4, and (4) such other information and proof as the board may require.
(b) The application shall be accompanied by a registration fee of fifty dollars, and the sworn affidavit of not less than three licensed physicians, surgeons or optometrists that each person referred to in the application has the required educational requirements, is of good moral character, and is competent and qualified to render service as a dispensing optician.
κ1951 Statutes of Nevada, Page 323 (CHAPTER 216, SB 98)κ
the application has the required educational requirements, is of good moral character, and is competent and qualified to render service as a dispensing optician.
Sec. 6. (a) The board shall, in the event it approves an application, examine the applicant in ophthalmic dispensing. An applicant successfully completing the examination shall be registered by the board and shall be issued a certificate as dispensing optician. The certificate shall authorize the applicant to engage in the business of ophthalmic dispensing, and shall, at all times, be conspicuously displayed at each place of business of the holder thereof. The certificate shall not be transferable as to the holder.
(b) The board shall refund to an applicant failing to pass an examination thirty-five dollars of the registration fee.
Sec. 7. A certificate issued under the provisions of this act may be revoked or suspended by the board for incompetence or violation of any provision of this act.
Sec. 8. A certificate issued under the provisions of this act shall expire on December 31 of each year, and upon payment of a renewal fee of fifteen dollars, may be renewed at any time not later than January 15 of the following year. In the event application for renewal is not made by such date, an additional delinquent fee of fifteen dollars shall be charged. A certificate not renewed prior to February 15 of each year shall be deemed forfeited.
Sec. 9. (a) A person engaged in the wholesale distribution to dispensing opticians or optometrists of lenses, frames, optical supplies, optometric appliances, services or kindred products shall not be issued a certificate as dispensing optician, but nothing in this section shall be deemed to apply to a dispensing optician engaged, at the time this act takes effect, in such wholesale distribution.
(b) For the purposes of this section, the grinding or edging of lenses, the assembling of frames or parts thereof, or the insertion of or mounting of lenses in frames shall not be construed as ophthalmic dispensing.
Sec. 10. (a) The board of dispensing opticians shall consist of three members, to be appointed by the governor immediately after the effective date of this act. Members of the board shall have been actively engaged in the practice of ophthalmic dispensing for a period of not less than five years immediately preceding appointment.
(b) The board may adopt such rules and regulations and employ and fix the compensation of such employees and assistants as it may deem necessary to carry out the provisions of this act.
Sec. 11. (a) All funds received by the board under the provisions of this act shall be deposited with the state treasurer. The state treasurer shall thereupon place ninety percent of the money so received in a fund to be known as the board of dispensing opticians fund, and ten percent into the general fund of the state.
(b) The fund may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this act.
Sec. 12. Any of the following acts shall constitute a misdemeanor, punishable upon conviction by a fine of not less than one hundred nor more than five hundred dollars, imprisonment for not less than ten days nor more than one year, or both:
κ1951 Statutes of Nevada, Page 324 (CHAPTER 216, SB 98)κ
punishable upon conviction by a fine of not less than one hundred nor more than five hundred dollars, imprisonment for not less than ten days nor more than one year, or both:
1. Advertising at a stipulated price or as free the furnishing of a lense, glass or the frame or fitting therefor.
2. The insertion of a false or misleading statement in any advertising in connection with the business of ophthalmic dispensing.
3. To make use of any advertising statement of a character tending to indicate to the public the superiority of a particular system or type of eyesight examination or treatment.
4. To furnish or advertise the furnishing of the services of a refractionist, optometrist, or physician or surgeon.
5. To change the prescription of a lense without an order from a person licensed to issue such prescription.
6. The violation of any provision of this act.
Sec. 13. Nothing in this act shall be construed to apply to ophthalmic dispensing personally by a licensed physician, surgeon or optometrist unless exclusively engaged in the business of filling prescriptions, or to prohibit the sale of goggles, sun glasses, colored glasses or occupational protective eye devices not having a refractive value, or the sale as merchandise of complete ready-to-wear eyeglasses.
Sec. 14. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Sec. 15. This act shall become effective upon passage and approval.
________
Senate Bill No. 91Senator Lattin
CHAPTER 217
AN ACT to amend an act entitled An act establishing a system of retirement and of benefits at retirement or death for certain officers and employees of the state and its political subdivisions; creating the public employees retirement fund and board, and giving certain powers unto said board; providing and establishing the necessary funds and accounts; providing for the integration of other similar systems within this system; providing for the cost of the system; appropriating money therefor; providing for the superseding and repeal of acts or parts of acts in conflict herewith, and providing a savings clause, and matters properly connected therewith, approved March 27, 1947, as amended.
[Approved March 21, 1951]
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 5230.02, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 2. As used in this act:
κ1951 Statutes of Nevada, Page 325 (CHAPTER 217, SB 91)κ
1. The term system means the public employees retirement system established by this act.
2. The term public employer means the state, one of its agencies or one of its political subdivisions and irrigation districts created under the State of Nevada.
3. The term employee includes in addition to employees of the State of Nevada and its political subdivisions, public officers, but not persons employed as independent contractors.
4. The term salary means the remuneration paid to employees in cash out of public funds in return for his service to the employer plus the monetary value, as determined by the public employees retirement board, of whatever living quarters, board, lodging, fuel, laundry, and other advantages the employer furnishes him in return for his services.
5. The term retirement allowance means payment for life derived from contributions of members and public employer.
6. The term police officers and firemen shall include guards at any of the state institutions and firewardens, other than ex officio.
7. The term continuous service means service in public employment of the state and for its political subdivisions participating in the system, in positions subject to the provisions of this act or in positions which would have been subject to this act, not interrupted for five years or more; provided, the time spent by persons employed in the service of federal agencies prior to creation of the retirement system, when such service constituted an uninterrupted continuation of duties then being performed for the State or Nevada or an eligible participating political subdivision of the State of Nevada, shall not be considered an interruption of service.
8. The term members means qualified participants in the retirement system established by this act.
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 effective immediately after passage and approval.
________
Senate Bill No. 72Senator Johnson
CHAPTER 218
AN ACT creating the Columbia basin interstate compact commission of the State of Nevada, defining its powers, establishing an interstate compact fund and making an appropriation therefor.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created the Columbia basin interstate compact commission of the State of Nevada to consist of three (3) members, one of whom shall be the state engineer of Nevada, and two members who shall be appointed by the governor, which commission shall represent the State of Nevada on a joint commission composed of commissioners representing the states of Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming and one commissioner representing the United States of America should such be appointed to said joint commission by the president of the United States, which joint commission shall be organized for the purpose of negotiating and entering into a compact or agreement between not less than five (5) of said states with the consent of the congress of the United States respecting the division, lawful diversion, distribution, apportionment and use of the waters of the Columbia River and all streams tributary thereto, including the Snake River and its tributaries, with due regard to the determination of legal rights appurtenant thereto, and fixing and determining a method of regulation, administration and control of said river and its tributaries.
κ1951 Statutes of Nevada, Page 326 (CHAPTER 218, SB 72)κ
of commissioners representing the states of Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming and one commissioner representing the United States of America should such be appointed to said joint commission by the president of the United States, which joint commission shall be organized for the purpose of negotiating and entering into a compact or agreement between not less than five (5) of said states with the consent of the congress of the United States respecting the division, lawful diversion, distribution, apportionment and use of the waters of the Columbia River and all streams tributary thereto, including the Snake River and its tributaries, with due regard to the determination of legal rights appurtenant thereto, and fixing and determining a method of regulation, administration and control of said river and its tributaries.
Sec. 2. Any compact or agreement so entered into on behalf of said states shall not be binding or obligatory upon any of said states or citizens thereof until and unless the same shall have been ratified and approved by the legislatures of at least five (5) of said states and by the congress of the United States; provided, that said agreement or compact shall not be binding upon any state the legislature of which fails to approve and ratify the same.
Sec. 3. The commissioners for the State of Nevada shall have full authority to make such investigations of the Columbia River, including the Snake River and its tributaries, and the drainage thereof, as may be necessary in order to determine the facts as to physical conditions obtaining upon said river and its tributaries, and of the present and future needs of the State of Nevada and its citizens, to the proper use and benefits of the waters of said river, and its tributaries, and to perform such other duties as may be necessary to sufficiently determine such facts and to secure the necessary information in order that they may properly perform their duties as commissioners of the State of Nevada upon said joint commission.
Sec. 4. The commission representing the State of Nevada on said joint commission shall have full authority to carry on said negotiations for such compact or agreement; to attend meetings of said joint commission wherever convened; to employ clerical, legal and engineering assistance and generally to perform such duties as shall be required of the members thereof in carrying out the purpose and intent of this act. The tenure of office of said commissioners appointed by the governor shall be at the pleasure of the governor, who shall have authority to fill vacancies, and their duties shall terminate when an agreement or compact agreed upon by said joint commission has been submitted to the legislature of the State of Nevada and has been ratified or rejected by it, provided, the term of the commissioners appointed by the governor shall not extend beyond four years from the date of their several appointments. Members of the commission who are not in the regular employ of the State of Nevada shall receive a per diem of fifteen dollars ($15) for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate.
κ1951 Statutes of Nevada, Page 327 (CHAPTER 218, SB 72)κ
at the legal statutory rate. Members of the commission who are in the regular employ of the state shall receive no per diem but shall receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as such state employees. Claims for payment of all expenses incurred by the Columbia basin interstate compact commission of Nevada, including the per diem and expenses of its members, shall be made by the department of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 5. There is hereby created in the state treasury a special fund, which shall be known as the Nevada interstate compact fund, and there shall be appropriated from the general fund and deposited in said special fund the sum of one thousand dollars ($1,000) for the purpose of carrying out the provisions of this act, or so much thereof as may be necessary to accomplish said purposes.
Sec. 6. It shall be the duty of the attorney general of the State of Nevada, or whoever he may appoint, to aid and assist the commissioners appointed for the State of Nevada whenever necessary in order to facilitate their work in carrying out the intent and purposes of this act.
Sec. 7. The governor of Nevada shall advise the governors of the states of Washington, Oregon, Montana, Utah, Wyoming and Idaho of this enactment and request that reciprocal legislation be enacted by said states and that a proper resolution or statute be adopted by the congress of the United States granting permission to the states of Washington, Oregon, Montana, Utah, Wyoming, Idaho and Nevada to enter into a compact or agreement respecting the control of the waters of the Columbia River and its tributaries.
Sec. 8. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 193Senator Robbins
CHAPTER 219
AN ACT to authorize the board of county commissioners of Elko County, Nevada, to levy a special tax to be used by the Elko County fair board.
[Approved March 21, 1951]
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 of five cents (5’) for the year 1951, and a special tax of two and one-half cents (2 1/2’) for the year 1952, upon all of the taxable property within the said Elko County.
κ1951 Statutes of Nevada, Page 328 (CHAPTER 219, SB 193)κ
Sec. 2. The special tax authorized by section 1 hereof shall be used exclusively by the Elko County fair board for building repair and reconstruction, and maintenance and improvement of grounds and improvements at the Elko County fair grounds.
Sec. 3. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 148Committee on Judiciary
CHAPTER 220
AN ACT to amend an act entitled An act providing a general corporation law, approved March 21, 1925, as amended.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 22 of the above-entitled act, being section 1621, N. C. L. 1929, is hereby amended to read as follows:
Section 22. A stockholder, by agreement in writing, may transfer his stock to a voting trustee or trustees for the purpose of conferring the right to vote thereon for a period not exceeding fifteen years upon the terms and conditions therein stated. The certificates of stock so transferred shall be surrendered and canceled and new certificates therefor issued to such trustee or trustees in which it shall appear that they are issued pursuant to such agreement and in the entry of such ownership in the proper books of such corporation that fact shall also be noted, and thereupon such trustee or trustees may vote upon the stock so transferred during the terms of such agreement. A duplicate of every such agreement shall be filed in the principal office of the corporation and at all times during such terms be open to inspection by any stockholder or his attorney.
Sec. 2. The above-entitled act is hereby amended by adding a new section to follow section 31(a), and to be known as section 31(b), and which shall read as follows:
Section 31(b). (1) Directors and officers shall exercise their powers in good faith, and with a view to the interests of the corporation. No contract or other transaction between a corporation and one or more of its directors, or between a corporation and any corporation, firm, or association in which one or more of its directors are directors or are financially interested, is either void or voidable because such director or directors are present at the meeting of the board of directors or a committee thereof which authorizes or approves the contract or transaction, or because his or their votes are counted for such purpose, if the circumstances specified in any of the following subdivisions exist:
(a) The fact of the common directorship or financial interest is disclosed or known to the board of directors or committee and noted in the minutes, and the board or committee authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such director or directors.
κ1951 Statutes of Nevada, Page 329 (CHAPTER 220, SB 148)κ
the minutes, and the board or committee authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such director or directors.
(b) The fact of the common directorship or financial interest is disclosed or known to the shareholders, and they approve or ratify the contract or transaction in good faith by a majority vote or written consent of shareholders entitled to vote; the votes of the common or interested director or directors shall be counted in any such vote of shareholders.
(c) The contract or transaction is fair as to the corporation at the time it is authorized or approved.
(2) Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board of directors or a committee thereof which authorizes, approves, or ratifies a contract or transaction.
________
Senate Bill No. 199Committee on Judiciary
CHAPTER 221
AN ACT authorizing the county commissioners of certain counties of the State of Nevada to appoint a county manager; to appoint such assistants and employees as said county manager may need; fixing his compensation and the compensation of his assistants and employees, and other matters relating thereto.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of any county in the State of Nevada having a population of not less than 10,000 are authorized to appoint a county manager and to fix the compensation for such county manager at not less than five thousand dollars ($5,000) nor more than nine thousand dollars ($9,000) per year; said county manager shall be a graduate from an accredited four-year college or university with a degree in public administration or business management, and he shall have at least four years of progressively responsible experience in administrative management or related activities. He shall hold his office at the pleasure of the board of county commissioners, and may be removed from office by said board at any time.
Sec. 2. The county manager shall perform such administrative functions of the county government as may be required of him by the board of county commissioners. He may, with the approval of the board of county commissioners, appoint such assistants and other employees as are necessary to the proper functioning of his office. The salaries of such assistants and employees and other expenses of conducting the office of the county manager shall be fixed and determined by the said county manager with the consent and approval of the board of county commissioners.
κ1951 Statutes of Nevada, Page 330 (CHAPTER 221, SB 199)κ
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act shall become effective immediately upon passage and approval.
________
Senate Bill No. 163Committee on Finance
CHAPTER 222
AN ACT to repeal section 13 of an act entitled An act to establish a state printing office, and to create the office of superintendent of state printing, approved March 11, 1879, as amended.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 13 of an act entitled An act to establish a state printing office, and to create the office of superintendent of state printing, approved March 11, 1879, as amended, being section 7477, Nevada Compiled Laws 1929, is hereby repealed.
________
Senate Substitute for Senate Bill No. 82Senator Johnson
CHAPTER 223
AN ACT authorizing and directing the county commissioners of Ormsby County to transfer certain funds, and specifying the duties of certain officers in connection therewith.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of Ormsby County are hereby authorized and directed to order transferred from the Carson school district No. 1 emergency loan No. 1 fund to the emergency loan No. 3 fund of said Carson school district No. 1, the sum of one thousand twenty-one dollars and ninety-eight cents ($1,021.98), being the balance in said fund, and together with all future income of said emergency loan No. 1 fund. The county auditor and county treasurer of said Ormsby County are directed to do all acts necessary to effectuate the purpose of this act.
Sec. 2. This act shall take effect immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 331κ
Senate Bill No. 162Committee on Finance
CHAPTER 224
AN ACT to amend an act entitled An act to designate and authorize the work to be done at the state printing office; creating a board of printing control, designating the members thereof and defining the duties of this board; and repealing all acts and parts of acts in conflict with this act, approved March 26, 1923, as amended.
[Approved March 21, 1951]
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 7492, Nevada Compiled Laws 1929, is hereby repealed.
Sec. 2. Section 7 of the above-entitled act, being section 7498, Nevada Compiled Laws 1929, is hereby amended to read as follows:
Section 7. All officers, boards of officers, commissioners, trustees, superintendents, regents, and directors are hereby required and directed to have all forms, blanks, envelopes, and letterheads necessary for the successful working of the various departments, institutions, and offices, printed at the state printing office, and the superintendent of state printing is hereby directed to accept all such work, execute and deliver it as promptly as possible.
Sec. 3. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 172Senator Lattin
CHAPTER 225
AN ACT authorizing a conciliation service in connection with the disputes within the milk industry within the State of Nevada; authorizing the governor to appoint a conciliation committee whenever disputes arise within said milk industry; specifying the duties of said committee, and other matters relating thereto.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Whenever a dispute arises within the milk industry of the State of Nevada between producers and distributors within said industry, and such dispute threatens to have a deleterious effect upon the health or welfare of the people of any part of the State of Nevada, the governor is authorized to appoint a committee for the conciliation of such dispute, to consist of three (3) members. One member shall be the representative of the milk producers; one member shall be a representative of the milk distributors; the third member of such committee who shall be its chairman shall be a representative of the general public.
Sec. 2. The members of such committee shall serve without pay, but the officers and employees of the State of Nevada are directed to cooperate in furnishing of stenographic services, supplies, and office or hearing space, in so far as may be practicable, and as directed by the governor.
κ1951 Statutes of Nevada, Page 332 (CHAPTER 225, SB 172)κ
the officers and employees of the State of Nevada are directed to cooperate in furnishing of stenographic services, supplies, and office or hearing space, in so far as may be practicable, and as directed by the governor.
Sec. 3. After the appointment of such committee by the governor its duties shall be as follows:
To investigate the disputes between the producers and the distributors as directed by the governor. The object of such investigation to be findings of fact as to the cause of the dispute, and recommendations for settlement of the dispute with the least possible inconvenience to the general public, and in fairness to the producers and distributors concerned. Said findings and recommendations shall be embodied in a report, the original of which shall be filed with the governor, and copies of which shall be furnished to the producers and distributors concerned.
Sec. 4. The committee appointed shall be discharged at the pleasure of the governor.
Sec. 5. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 187Mr. Carville
CHAPTER 226
AN ACT to amend an act entitled An act providing a general corporation law, approved March 21, 1925, as amended.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 80 of the above-entitled act, being section 1679, N. C. L. 1929, is hereby amended to read as follows:
Section 80. Every corporation shall keep at its principal office in this state a certified copy of its certificate of incorporation or articles of incorporation, and a certified copy of its bylaws, and all amendments thereto, and shall also keep and maintain a stock ledger, or a duplicate stock ledger, revised annually, containing the names, alphabetically arranged, of all persons who are stockholders of the corporations, showing their places of residence, if known, and the number of shares of stock held by them respectively. Such stock ledger, or duplicate thereof, shall be open daily, except Sundays and holidays, during at least two business hours, for inspection by any judgment creditor of the corporation, or by any stockholder of such corporation, and persons who are so entitled to inspect such stock ledger, or the duplicate thereof, may make extracts therefrom. Any corporation required to keep such stock ledger or duplicate stock ledger as specified above may keep in such principal office in this state in lieu of such stock ledger or duplicate stock ledger as specified above, a statement setting out the name of the custodian of such stock ledger, or duplicate stock ledger as specified above, and the present and complete post office address, including street and number, if any, where such stock ledger or duplicate stock ledger as specified above is kept.
κ1951 Statutes of Nevada, Page 333 (CHAPTER 226, AB 187)κ
or duplicate stock ledger as specified above, and the present and complete post office address, including street and number, if any, where such stock ledger or duplicate stock ledger as specified above is kept. Every corporation that shall neglect or refuse to keep said stock ledger, or duplicate copy thereof open for inspection, as in this section required, shall forfeit to the state the sum of twenty-five dollars for every day of such neglect or refusal. If any officer or agent of any such corporation shall willfully neglect or refuse to make any proper entry in such stock ledger, or duplicate copy thereof, or shall neglect or refuse to exhibit any such stock ledger, or duplicate thereof, upon demand by a person entitled to inspect the same, or shall refuse to permit extracts to be taken therefrom, as provided in this section, such corporation and such officer or agent shall each forfeit and pay to the party injured all damages resulting to him therefrom. It shall be a defense, however, to any action for penalties under this section that the person suing therefor has at any time sold, or offered for sale, any list of stockholders of such corporation, or any other corporation, or has aided or abetted any person in procuring any such stock list for any such purpose. Nothing herein contained, however, shall be deemed or construed to in anywise impair the power or jurisdiction of any court to compel the production for examination of the books of a corporation in any proper case.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 58Mr. Walters
CHAPTER 227
AN ACT making an appropriation to cover a deficiency regarding the Nevada school of industry at Elko, Nevada, in the current biennium.
[Approved March 21, 1951]
Whereas, An appropriation of twenty thousand dollars ($20,000) for the general support of the Nevada school of industry at Elko, Nevada, was made in the 1949 session of the legislature; and
Whereas, There has occurred an unanticipated and unforeseeable increase in the inmate population of the Nevada school of industry at Elko, Nevada; and
Whereas, Said increase in the inmate population has caused a deficiency that has accrued and will accrue by June 30, 1951, said deficiency being in the amount of seven thousand dollars ($7,000) which is not supplied by any other act; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of supplying an additional appropriation for the purpose of meeting said deficiency for the current biennium, there is hereby appropriated the sum of seven thousand dollars ($7,000) from the general fund to the Nevada school of industry at Elko, Nevada, for its general support.
κ1951 Statutes of Nevada, Page 334 (CHAPTER 227, AB 58)κ
($7,000) from the general fund to the Nevada school of industry at Elko, Nevada, for its general support.
Sec. 2. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 160Committee on State and County Affairs
CHAPTER 228
AN ACT authorizing the state board of agriculture to sell certain land belonging to the state agricultural society, providing the method of sale, and other matters relating thereto.
[Approved March 21, 1951]
Whereas, The state board of agriculture is vested by law with the exclusive management and control of the state agricultural society as a state institution and also with the possession and control of all its property, including the hereinafter-described real property; and
Whereas, Said real property can be sold without injury to the business and affairs of said society, but that the sale thereof would be to its best interest financially; therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state board of agriculture is hereby authorized and empowered to sell that certain lot, piece and parcel of land the property of the state agricultural society, a state institution, and execute a proper deed therefor, reserving therein any water rights thereunto belonging, the said land being situate in Washoe County, and bounded and described as follows: Beginning at the southwest corner of the E 1/2 of lot 2 of NW 1/4, section 1, T. 19 N., R. 19 E., M. D. B. & M., thence south 0° 20′ east 600.50 feet more or less, thence northeasterly along the north side of Alameda avenue 702 feet more or less, assuming an avenue 60 feet in width, thence north 1° 19′ west 59 feet more or less, thence south 88° 41′ west 430 feet to the point of beginning, containing 2.904 acres more or less.
Sec. 2. The sale of said land shall be had pursuant to sealed bids therefor. The state board of agriculture shall cause to be published in a newspaper published in Washoe County, once a week for three consecutive weeks, notice of the proposed sale containing a description of the land, the place of receipt of the bids and notice of the time and place of the opening of said bids, each bid to be accompanied by a cashiers check of ten percent of the amount bid and checks of the unsuccessful bidders to be returned. The sale shall be made to the highest and best bidder; provided, however, that the said board may reserve the right to reject any and all bids.
Sec. 3. All proceeds from the sale of said property shall be placed to the credit of the state board of agriculture in the state treasury.
Sec. 4. This act shall be effective upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 335κ
Senate Bill No. 176Senator Munk
CHAPTER 229
AN ACT to amend an act entitled An act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto, approved March 22, 1949.
[Approved March 21, 1951]
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 117, page 153, Statutes of 1949, is hereby amended to read as follows:
Section 1. The officers of Pershing County, Nevada, and their deputies, clerks or secretaries, shall receive the following salaries and compensation which shall be full compensation for all services rendered:
The county commissioners shall each receive a salary of one thousand three hundred twenty dollars ($1,320) per annum, and mileage; the county clerk, as such and as ex officio county treasurer, shall receive a salary of three thousand nine hundred sixty dollars ($3,960) per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed two thousand six hundred forty dollars ($2,640) per annum; the sheriff of said county shall receive three thousand nine hundred sixty dollars ($3,960) per annum, and he shall be allowed to appoint, by and with the approval of the county commissioners, one deputy who shall receive a salary of not to exceed three thousand three hundred dollars ($3,300) per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five dollars ($5) per day, such compensation to be paid by and with the approval only of the board of county commissioners; the assessor shall receive a salary of three thousand nine hundred sixty dollars ($3,960) per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed two thousand six hundred forty dollars ($2,640) per annum; the county recorder, as such, and ex officio auditor, shall receive a salary of three thousand nine hundred sixty dollars ($3,960) per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed two thousand six hundred forth dollars ($2,640) per annum; the district attorney shall receive three thousand three hundred dollars ($3,300) per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, and compensation for such clerks and stenographers to be fixed and approved by the county commissioners, and not to exceed nineteen hundred eighty dollars ($1,980) per annum, to be paid in a like manner as other county officers are paid.
κ1951 Statutes of Nevada, Page 336 (CHAPTER 229, SB 176)κ
not to exceed nineteen hundred eighty dollars ($1,980) per annum, to be paid in a like manner as other county officers are paid.
The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies and additional clerks and assistants as they may from time to time authorize in the offices of the county clerk and treasurer, county recorder and auditor, sheriff, assessor, and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall become effective from and after April 1, 1951.
________
Assembly Bill No. 92Mr. Coulthard
CHAPTER 230
AN ACT to define the responsibilities of an owner, licensee or operator of a visual or sound radio broadcasting station or network of stations and other matters properly related thereto.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement or matter published or uttered in or as a part of a visual or sound radio broadcast by one other than such owner, licensee or operator, or agent or employee thereof, if it shall be alleged and proved by such owner, licensee or operator, or agent or employee thereof, that such owner, licensee or operator, or such agent or employee, has exercised due care to prevent the publication or utterance of such statement or matter in such broadcast.
Sec. 2. If any defamatory statement or matter is published or uttered in or as a part of a broadcast over the facilities of a network of visual or sound radio broadcasting stations, the owner, licensee or operator of any such station, or network of stations, and the agents or employees thereof, other than the owner, licensee or operator of the station, or network of stations, originating such broadcast, and the agents or employees thereof, shall in no event be liable for any damages for any such defamatory statement or matter.
Sec. 3. In no event, however, shall any owner, licensee or operator of such station, or network of stations, or the agents or employees thereof, be liable for any damages for any defamatory statement or matter published or uttered, by one other than such owner, licensee or operator, or agent or employee thereof, in or as a part of a visual or sound radio broadcast by or on behalf of any candidate for public office, which broadcast cannot be censored by reason of the provisions of federal statute or regulation of the federal communications commission.
κ1951 Statutes of Nevada, Page 337 (CHAPTER 230, AB 92)κ
or sound radio broadcast by or on behalf of any candidate for public office, which broadcast cannot be censored by reason of the provisions of federal statute or regulation of the federal communications commission.
Sec. 4. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 5. This act shall become effective immediately after its passage and approval.
________
Senate Bill No. 116Senator Budelman
CHAPTER 231
AN ACT to amend an act entitled An act to enable the unincorporated cities and towns of the State of Nevada to acquire by construction, purchase or otherwise, sewerage systems, light systems, water systems, or combined water and light systems, or combined water, light and sewerage systems, and to issue bonds for the construction or purchase of the same, and to provide for the fixing and collections of rates for the service thereof and other matters relating thereto, approved March 23, 1911.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 1327-1340, N. C. L. 1929, is hereby amended by inserting therein a new section numbered 5 1/2 to follow immediately after section 5 of said act, i. e., section 1331, N. C. L. 1929, reading as follows:
Section 5 1/2. In any county in this state wherein the board of county commissioners have contracted for the purchase of a public utility provided in this act for an unincorporated town or city within such county, and bonds have been issued for the payment of the purchase price in accordance with this act, and such bond issue is thereafter found to be insufficient to fully pay such purchase price, such board of county commissioners may negotiate a loan of money or credit in the principal sum in the amount of not to exceed ten thousand ($10,000) dollars and as evidence thereof issue a negotiable note or notes bearing interest at not to exceed four percent (4%) per annum redeemable at any time prior to the due date thereof. Said evidence of indebtedness shall mature not later than two and one-half (2 1/2) years from the date of issuance. The debt so incurred and the interest thereon shall be paid from revenues derived from the utility; provided, that if such revenues shall fail to provide sufficient funds to retire such debt within the time limit the board of county commissioners are hereby authorized and empowered to levy an additional tax upon the real and personal property within the limits of such unincorporated town or city, sufficient in their judgment to pay that part of such indebtedness then remaining unpaid together with the interest thereon.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
κ1951 Statutes of Nevada, Page 338κ
Assembly Bill No. 297Mr. Christensen
CHAPTER 232
AN ACT to amend an act entitled An act to relating to the administration of the 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.
[Approved March 21, 1951]
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 chapter 32, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 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 thirty-one (31) patrolmen appointed by the commission, two of whom shall be the superintendent and assistant superintendent. 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 superintendent shall receive a salary not to exceed the sum of three hundred fifty ($350) per month, the assistant chief patrolman 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.
Sec. 2. Section 8 of the above-entitled act, being section 4435.53, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 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.
κ1951 Statutes of Nevada, Page 339 (CHAPTER 232, AB 297)κ
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. There shall be transferred to the public service commission for use by the Nevada highway patrol the portable truck weighing scales now owned by the department of highways.
Sec. 3. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 206Mr. Fairchild
CHAPTER 233
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 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2.3 of the above-entitled act, being section 2.3 of section 2825.02, N. C. L. 1943-1949 Supp., is hereby 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. 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(d) of this act.
Sec. 2. Section 2.13 of the above-entitled act, being section 2.13 of section 2825.02, N. C. L. 1943-1949 Supp., is hereby 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 if he has no dependents or less than his augmented weekly benefit amount if he has dependents. 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.
κ1951 Statutes of Nevada, Page 340 (CHAPTER 233, AB 206)κ
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. 3. There is added to the above-entitled act a new section which shall be numbered 2.17, to immediately follow section 2.16, which shall read as follows:
Section 2.17. Augmented Weekly Benefit Amount. An individuals augmented weekly benefit amount means his weekly benefit amount augmented by such additional amount as he may be entitled to by reason of having dependents.
Sec. 4. Section 2.18 of the above-entitled act, being section 2.18 of section 2825.02, N. C. L. Supp., and further identified as Statutes 1945, chapter 187, page 306, is amended to read as follows:
Section 2.18. Dependent means a wife, or a son or a daughter or a stepson or stepdaughter of less than eighteen (18) years of age, who is not gainfully employed, and who is wholly or mainly supported by the individual receiving the benefit; or a husband, mother, father, stepmother, stepfather, brother, or sister, or a son or daughter, or a stepson or stepdaughter, who because of age or disability is unable to work, and who is wholly or mainly supported by the individual receiving the benefit.
Sec. 5. There is added to the above-entitled act a new section to be known as section 2.19, which shall immediately follow section 2.18 and shall read as follows:
Section 2.19. Insured Worker. An insured worker is one who has earned wages within his base period, from employers, in an amount sufficient to qualify for benefits.
Sec. 6. Section 3 of the above-entitled act, being section 3 of section 2825.03, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
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(d) 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 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-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.
κ1951 Statutes of Nevada, Page 341 (CHAPTER 233, AB 206)κ
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) Augmented Weekly Benefit Amount. Each eligible individual who is unemployed in any week shall have his weekly benefit amount augmented with respect to such week by $3 if he has one dependent, and by $3 for each additional dependent provided that the eligible individuals weekly benefit amount shall not be augmented by more than $12 in any case nor shall the augmented weekly benefit amount exceed $37 or 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, whichever is the lesser. If the augmented weekly benefit amount is not a multiple of $1, it shall be computed to the next higher multiple of $1. The weekly benefit amount payable to an individual or his wife may not be augmented if both husband and wife living in the same household are being simultaneously paid benefits under the provisions of this, or any other state or federal unemployment compensation law.
(d) 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 if he has no dependents, or in an amount equal to his augmented weekly benefit amount if he has dependents, less that part of the remuneration 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.
(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-six times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period, to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents; 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 (d) hereof, wages shall be counted as wages for employment by employers for the 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 eight million five hundred thousand dollars, the executive director shall protect the solvency of said fund by 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, to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents.
κ1951 Statutes of Nevada, Page 342 (CHAPTER 233, AB 206)κ
amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents. 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 (b) 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 reducing the maximum weekly benefit amount or the maximum augmented weekly benefit amount to fifteen dollars and by reducing the minimum weekly benefit amount or the minimum augmented 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 paragraph shall apply.
Sec. 7. Section 4 of the above-entitled act, being section 4 of section 2825.04, N. C. L. 1943-1949 Supp., is hereby 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 residing in the State of Nevada shall be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection, if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability.
(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 1/25th of his high-quarter earnings, but can qualify for a weekly benefit amount of $1 less than 1/25th of his high-quarter earnings, his weekly benefit amount shall be $1 less than 1/25th of his high quarter earnings.
Sec. 8. Section 5 of the above-entitled act, being section 5 of section 2825.05, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 5. An individual shall be disqualified for benefits-
κ1951 Statutes of Nevada, Page 343 (CHAPTER 233, AB 206)κ
(a) For the week in which he has left his most recent employment 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, or within the current and following 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.
(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 the 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.
(3) A claimant shall be deemed to have failed, without good cause, to apply for available suitable work when so directed by the employment office if, when reporting as a result of a request to report to the employment office, he cannot properly be offered a referral to existing suitable work because of intoxication, or because, without good cause, his personal dress and grooming is such that there exists little possibility of his being hired.
(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-
κ1951 Statutes of Nevada, Page 344 (CHAPTER 233, AB 206)κ
(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 businesses 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 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 he is registered for and in attendance at any established school, college or university unless the individual can show, to the satisfaction of the executive director, a firm and bona fide attachment to the labor market.
(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.
(i) For any week with respect to which he receives wages in lieu of notice.
(j) For any week with respect to which the claimant is on paid vacation.
(k) For any week following termination of employment which could have been compensated by vacation pay had termination not occurred; provided the individual actually receives such compensation at the time of separation or on regular pay days immediately following termination.
(l) For any week in which such individual reports in an intoxicated condition to a public employment office for the purpose of filing a claim, and for the two consecutive weeks immediately following.
(m) For the week in which a claimant is separated from employment because of pregnancy and each week thereafter until proof of ability to work following confinement is submitted.
(n) For any week with respect to which a claimants unemployment is due to pregnancy. (1) A claimants unemployment shall be deemed to be due to pregnancy if such unemployment exists within sixty (60) days of expected confinement. (2) The claimants unemployment shall be deemed to be due to pregnancy following confinement until proof of ability to resume employment has been submitted by the claimant.
κ1951 Statutes of Nevada, Page 345 (CHAPTER 233, AB 206)κ
of ability to resume employment has been submitted by the claimant.
(o) For the week with respect to which a claimant makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of causing any benefit to be paid or increased under this act, and for not more than fifty-two (52) consecutive weeks thereafter occurring within the current and following benefit year as determined by the executive director according to the circumstances in each case.
Sec. 9. Section 6 of the above-entitled act, being section 6 of section 2825.06, N. C. L. 1943-1949 Supp., is hereby amended and separately numbered as separate sections to read as follows:
Section 6. Claims for benefits shall be made in the manner prescribed or authorized by the following sections and in no other way.
Section 6.1. Filing. Claims for benefits shall be made in accordance with such regulations as the executive director may prescribe, not inconsistent herewith. Each employer shall post and maintain in places readily accessible to individuals in his service a printed statement concerning such regulations or such other matters as the executive director may by regulation prescribe.
Each employer shall supply to each individual in his service, at the time such individual becomes unemployed, copies of such printed statements or materials relating to claims for benefits or separation notices as the executive director may by regulation prescribe. Such printed statements or other material shall be supplied by the executive director to each employer without cost to said employer.
Section 6.2. Determinations. An unemployed individual may file a request for a determination of his benefit status in accordance with regulations prescribed by the executive director. Upon such request, the executive director shall furnish the individual with a written determination. If it is determined that the claimant is an insured worker, the determination will include a statement as to the amount of wages for insured work paid to him by each employer in his base period, and the employers by whom such wages were paid. It shall include also his benefit year, his weekly benefit amount, the amount by which his weekly benefit amount can be augmented if he has dependents, and the maximum amount of benefits that may be paid to him for his unemployment during such benefit year.
If it is determined that the individual is not an insured worker, the determination will include a statement as to the reason therefor, and shall also include the amount of wages paid to him by each employer during his base period, and the employers by whom such wages were paid.
Section 6.3. Effective Period. An initial determination that an individual is an insured worker shall remain in effect throughout the benefit year for which it is made, unless modified by a redetermination or as the result of an appeal tribunal, board of review, or court decision, and in the absence of an appeal benefits shall be paid or denied in accordance therewith; provided, that if under the determination, benefits in any amount are payable as to which there is no dispute, such benefits shall be promptly paid regardless of such appeal.
κ1951 Statutes of Nevada, Page 346 (CHAPTER 233, AB 206)κ
dispute, such benefits shall be promptly paid regardless of such appeal.
Section 6.4. Notice to Insured Worker. The executive director shall also promptly determine whether an insured worker shall be found ineligible or disqualified with respect to any week occurring with the benefit year.
The insured worker shall be given a written notice of the determination. A benefit payment shall be deemed a determination with respect to the week for which payment is made and notice to the claimant that he is eligible to receive payment for the period covered thereby. If it is determined that the insured worker is not eligible to receive benefits or is disqualified for any week or weeks, he shall be prompted furnished with a written notice of such determination, which will give the reasons for the determination and the length of the disqualification.
Section 6.5. Notice to Employer. The most recent employing unit of any unemployed claimant shall be notified of the first claim filed by the unemployed claimant following his separation.
The notice of claim filing shall contain the claimants name and social security account number and may contain the reason for separation as given by the claimant, the date of separation, and such other information as is deemed proper.
Upon receipt of a notice of claim filing the employing unit by whom the claimant was last employed shall be permitted to protest the payment of benefits to the unemployed claimant provided such protest is promptly filed. All rights of protest shall be lost if such protest is not submitted within ten days of the date of mailing of the notice of claim filing.
Any employing unit, as defined in this act, which has filed a protest in accordance with the provisions of this section shall be notified in writing of the determination arrived at by the executive director or his deputy and such notice shall contain a statement setting forth the right of appeal.
Section 6.6. Redeterminations. The executive director or a representative duly authorized to act in his behalf may at any time within the benefit year reopen any determination on the grounds of fraud, error, mistake, or additional information, and may make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied. In any case in which an overpayment is established by the redetermination, the amount of such overpayment may be deducted from any benefits which may thereafter become payable in the same benefit year.
Notice of any redetermination shall be promptly furnished to the claimant and any other party entitled to receive the original determination.
Section 6.7. Finality of Determination or Redetermination. Any determination or redetermination shall be final ten days from the date of notification or mailing of a notice of determination or redetermination unless an appeal or request for reconsideration is received within the ten-day period; provided, that nothing in this paragraph shall limit or abridge the authority of the executive director to make a redetermination within the benefit year.
κ1951 Statutes of Nevada, Page 347 (CHAPTER 233, AB 206)κ
a redetermination within the benefit year. Any notice of a determination or redetermination shall clearly indicate the interested parties right to appeal.
Section 6.8. Appeal Tribunals. To hear and decide appealed claims, the board of review shall appoint one or more impartial appeal tribunals consisting in each case of either a salaried examiner, selected in accordance with section 4(d) of the employment security administration law (Statutes 1941, chapter 59) or a body consisting of three members, one of whom shall be a salaried examiner, and who shall serve as chairman, one of whom shall be a representative of employers and the other of whom shall be a representative of employees; each of the latter two members shall serve at the pleasure of the board of review and be paid a fee of not more than $15 per day of active service on such tribunal, plus necessary expenses. No person shall participate on behalf of the executive director or the board of review in any case in which he is an interested party. The board of review may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any other member and his alternates. In no case shall the hearings proceed unless the chairman of the appeal tribunal is present. The executive director shall provide the board of review and such appeal tribunal with proper facilities and assistants for the execution of their functions.
Section 6.9. Appeal to Appeal Tribunal. Any party entitled to a notice of determination may file an appeal from the determination to an appeal tribunal. Such appeal must be filed within ten days of the date of mailing of the determination. Any party entitled to the notice of determination may initiate an appeal from a determination or redetermination and the executive director shall be a party respondent thereto. Any other employing unit whose rights may be adversely affected may be permitted by the appeal tribunal to intervene as a party respondent to the appeal.
The appeal tribunal may permit the withdrawal of the appeal by the appellant at the appellants request, if there is no coercion or fraud involved in the withdrawal.
Section 6.10. Hearing Procedure and Record. A reasonable opportunity for a fair hearing on appeals shall be promptly afforded all parties. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. In addition to the issues raised by the appealed determination, the tribunal may consider all issues affecting the claimants rights to benefits from the date of the appealed determination to the date of the hearing. The appeal tribunal shall include in the record and consider as evidence all records of the executive director that are material to the issues. The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this act. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated.
κ1951 Statutes of Nevada, Page 348 (CHAPTER 233, AB 206)κ
initiated. Witnesses subpenaed shall be allowed fees at a rate fixed by the executive director; and the fees of witnesses so subpenaed shall be deemed part of the expense of administering this act. No member of an appeal tribunal shall participate in an appeal hearing in which he has a direct or indirect interest.
Section 6.11. Consolidated Appeals. When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, the same time and place for considering all such appeals may be fixed, hearings thereon jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others, providing no party is prejudiced thereby.
Section 6.12. Notice of Decision and Time for Further Appeal. After a hearing an appeal tribunal shall make its findings promptly and on the basis thereof affirm, modify, or reverse the determination. Each party shall be promptly furnished a copy of the decision and the supporting findings; this decision shall be final unless further review is initiated as hereafter provided, within ten days after the decision has been mailed to each partys last known address or otherwise delivered to him.
Section 6.13. Appeal to the Board of Review. An appeal to the board of review by any party shall be allowed as a matter of right if the appeal tribunal decision reversed or modified the executive directors determination; in all other cases further appeal shall be permitted only at the discretion of the board of review. The decision of the appeal tribunal shall be deemed to be the decision of the board of review, if permission to appeal to that board is denied. The board on its own motion may initiate a review of a decision or determination of an appeal tribunal within ten days after the date of mailing of the decision. The board may affirm, modify, or reverse the findings or conclusions of the appeal tribunal solely on the basis of evidence previously submitted, or upon the basis of such additional evidence previously submitted, or upon the basis of such additional evidence as it may direct to be taken. Each party including the executive director shall be promptly furnished a copy of the decision and the supporting findings of the board of review.
Section 6.14. Removal or Transfer of Appeals. The board of review, for cause, may remove or transfer to another appeal tribunal any appeal pending before an appeal tribunal. The parties to any appeal so removed or transferred by the board shall be given a full and fair hearing on the original appeal.
Section 6.15. Appeal to Courts. Any decision of the board of review in the absence of an appeal therefrom as herein provided shall become final ten days after the date of notification or mailing thereof, and judicial review thereof shall be permitted only after any party claiming to be aggrieved thereby has exhausted his administrative remedies as provided by this act. The executive director shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by any qualified attorney employed by the executive director and designated by him for that purpose, or at his request by the attorney general.
κ1951 Statutes of Nevada, Page 349 (CHAPTER 233, AB 206)κ
any qualified attorney employed by the executive director and designated by him for that purpose, or at his request by the attorney general. The executive director may appeal from any decision of the board of review to the courts as may any other party to that decision.
Section 6.16. Court Review. Within ten days after the decision of the board of review has become final, any party aggrieved thereby or the executive director may secure judicial review thereof by commencing an action in the district court of the county wherein the appealed claim or claims were filed against the executive director for the review of such decisions, in which action any other party to the proceedings before the board of review shall be made a defendant. In such action, a petition which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon the executive director, unless he be the appellant, or upon such person as he may designate, and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are defendants, and the executive director shall forthwith mail one such copy to each such defendant. With his answer or petition, the executive director shall certify and file with said court all documents and papers and a transcript of all testimony taken in the matter, together with the board of reviews findings of fact and decision therein. The executive director may also, in his discretion, certify to such court questions of law involved in any decision. In any judicial proceedings under this section, the finding of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the workmens compensation law of this state. An appeal may be taken from the decision of such district court to the supreme court of Nevada, in the same manner, but not inconsistent with the provisions of this act, as is provided in civil cases. It shall not be necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the board of review, and no bond shall be required for entertaining such appeal. Upon the final determination of such judicial proceeding the board of review shall enter an order in accordance with such determination. A petition for judicial review shall not act as a supersedeas or stay unless the board of review shall so order.
Sec. 10. Section 7 of the above-entitled act, being section 7 of section 2825.07, N. C. L. 1943-1949 Supp., is hereby 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; provided, however, if the federal unemployment tax act is amended to apply to a higher amount than the first three thousand dollars ($3,000) of wages, then such higher amount shall likewise apply, as a substitute for the amount herein specified, starting with the same period to which such federal amendment first applies.
κ1951 Statutes of Nevada, Page 350 (CHAPTER 233, AB 206)κ
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; provided, however, if the federal unemployment tax act is amended to apply to a higher amount than the first three thousand dollars ($3,000) of wages, then such higher amount shall likewise apply, as a substitute for the amount herein specified, starting with the same period to which such federal amendment first applies. 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.
(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. Benefits paid to an individual since January 1, 1939, shall be charged against the accounts of his employers, as the executive director may by regulation prescribe; provided, that no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to any employers account. 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.
κ1951 Statutes of Nevada, Page 351 (CHAPTER 233, AB 206)κ
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, 1949, and for each calendar year thereafter, according to the following classes: class 1, 0.10 per centum; class 2, 0.5 per centum; class 3, 1.0 per centum; class 4, 1.5 per centum; class 5, 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. 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. 11. Section 14 of the above-entitled act, being section 14 of section 2825.14, N. C. L. 1943-1949 Supp., is hereby 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 contributions, 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 any such amount and to recover so much thereof as may have been erroneously assessed or paid.
κ1951 Statutes of Nevada, Page 352 (CHAPTER 233, AB 206)κ
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 contributions, 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 any such amount and to recover so much thereof as may have been erroneously assessed or 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 judgement 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 under the laws of this state, the lien for contributions then due shall be paid in full, prior to all other liens or claims except prior taxes and liens which have been recorded prior to the time the contributions became due.
κ1951 Statutes of Nevada, Page 353 (CHAPTER 233, AB 206)κ
event of any distribution of any employers assets either voluntarily or pursuant to any order under the laws of this state, the lien for contributions then due shall be paid in full, prior to all other liens or claims except prior taxes and liens which have been recorded prior to the time the contributions became due. 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 to 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 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 14.2 of the above-entitled act, being section 2825.14b, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 14.2 (a) Liens. Contributions, penalties and interest due and unpaid from any employer shall be a lien upon all of the assets of such employer, said lien to be prior to and paid in preference to all other liens or claims except prior recorded liens and prior taxes; provided that within 60 days after such contributions become delinquent the executive director shall cause to be filed with the county recorder of the county in which the property is situated a notice of claim of lien setting forth a true statement of the amount due, after deducting all just credits and offsets, and the default of such employer, and shall cause a copy of such notice to be mailed to the employer. The county recorder shall file such notice of claim of lien which file shall be indexed. The lien so created shall be a lien upon all property either real or personal, of the employer within the county in which such notice of claim of lien is filed. 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.
κ1951 Statutes of Nevada, Page 354 (CHAPTER 233, AB 206)κ
Any lien, as provided in this section, may be released, compromised or satisfied by the 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 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. 13. This act shall be in full force and effect from and after July 1, 1951.
________
Senate Bill No. 137Committee on State and County Affairs
CHAPTER 234
AN ACT to amend an act entitled An act creating a state department of buildings and grounds, providing for the appointment of a superintendent of buildings and grounds, defining powers and duties, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 29, 1949.
[Approved March 21, 1951]
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 section 6976.23, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 3. The superintendent of buildings and grounds shall be appointed by and responsible to the governor, and he shall hold office for a term of four years corresponding to the term of the governor, unless sooner removed for cause. He shall receive a salary of forty-two hundred dollars ($4,200) per annum. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
________
κ1951 Statutes of Nevada, Page 355κ
Senate Bill No. 146Committee on Judiciary
CHAPTER 235
AN ACT to repeal an act entitled An act to limit expenditures for campaign and election purposes to candidates, their political agents, and managing committees of political parties; to prescribe the manner of appointment of such agents; to limit the contributions, expenditures and liabilities of candidates, political agents and managing committees of political parties; to define, prohibit and punish corrupt and illegal practices in connection with or relative thereto at primary, special and general elections; to secure and protect the purity of the ballot; to prohibit the use of conveyances to carry voters to the polls; to prohibit the peddling or distributing of liquors and cigars by candidates for office; to prohibit and punish the making, publication and circulation of false charges and statements against candidates, the doing of any act tending to deceive or interfere with the voter; and to provide for furnishing information to electors, approved March 31, 1913, as amended.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 2598-2642, N. C. L. 1929, is hereby repealed.
Sec. 2. This act shall become effective upon its passage and approval.
________
Senate Bill No. 174Committee on Finance
CHAPTER 236
AN ACT making a supplementary appropriation for the support of the adjutant general and the Nevada national guard.
[Approved March 21, 1951]
Whereas, The Nevada air national guard has recently been mustered into federal service; and
Whereas, It was necessary to mobilize said air national guard for training prior to actual entry into federal service; and
Whereas, No funds were available for the feeding of the enlisted men of said air national guard during said period, and it was necessary for the state board of military auditors to allow the cost thereof from the adjutant general and Nevada national guard funds in the state treasury; and
Whereas, It is necessary to replace said costs into said adjutant general and Nevada national guard fund in order that operation may be continued for the remainder of the biennium; 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 for the support of the adjutant general and the Nevada national guard for the remainder of the fiscal years 1950-1951, the additional sum of one thousand six hundred seventy-three dollars ($1,673).
κ1951 Statutes of Nevada, Page 356 (CHAPTER 236, SB 174)κ
the remainder of the fiscal years 1950-1951, the additional sum of one thousand six hundred seventy-three dollars ($1,673).
Sec. 2. This act shall be effective from and after its passage and approval.
________
Senate Bill No. 184Committee on Finance
CHAPTER 237
AN ACT for the relief of the estate of Fred W. Snyder, and making an appropriation therefor.
[Approved March 21, 1951]
Whereas, In the fall of 1949, Fred W. Snyder, then superintendent of the Nevada school of industry, perceived the need for straightening and extending of that certain ditch used in connection with the water rights of said Nevada school of industry; and,
Whereas, At said time there was no appropriation therefor, and because of the local situation it was possible to have the work and labor necessary for such straightening and extending of said ditch performed at a price considerably below normal; and,
Whereas, There was no legislative appropriation to said Nevada school of industry for such work; and,
Whereas, Said Fred W. Snyder, superintendent as aforesaid, deemed said straightening and extending of such ditch to be so important to the Nevada school of industry that he was willing to advance funds necessary therefor out of his own pocket; and,
Whereas, Said straightening and extending of such ditch has been the means of eliminating possible action by the Southern Pacific Company for damages to the roadbed of said company caused by the ditch overflowing; and,
Whereas, The straightening and extending of said ditch has saved the Nevada school of industry considerable water and made usable more ground with consequent benefit to the fields and crops of said school; and,
Whereas, The cost of said straightening and extending was paid by Fred W. Snyder out of his own personal funds to the extent of three thousand five hundred eighty-seven dollars and forty cents ($3,587.40); and,
Whereas, Since the date of said payment, and on the 19th day of May, 1950, Fred W. Snyder has died, and no relief in the premises has been or is available to his widow, or his estate, through any claim to the board of examiners or any action at law; 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 three thousand five hundred eighty-seven dollars and forty cents ($3,587.40), which sum shall be paid to Mary Snyder, as administratrix of the estate of Fred W.
κ1951 Statutes of Nevada, Page 357 (CHAPTER 237, SB 184)κ
cents ($3,587.40), which sum shall be paid to Mary Snyder, as administratrix of the estate of Fred W. Snyder, for the relief of said estate by reason of the advance of funds in such amount made by Fred W. Snyder, for the use and benefit of the Nevada school of industry as mentioned in the preamble of this act. The state controller shall draw his warrant therefor, and the state treasurer is directed to pay the same.
Sec. 2. Nothing in this act shall be deemed or construed to admit any liability to any person, persons, firm, company, association, or corporation by the State of Nevada on account or because of this act in connection with the extending or straightening of the ditch described in the preamble hereof.
Sec. 3. This act shall be effective upon its passage and approval.
________
Assembly Bill No. 120Mr. Capurro
CHAPTER 238
AN ACT to amend section 5 of an act entitled An act prescribing the conditions and restrictions under which vaults, crypts or mausoleums for the permanent entombment of human bodies may be constructed or maintained, and fixing penalties for failure to comply therewith, and defining the duties of the state board of health in relation thereto, approved February 19, 1931, as amended February 28, 1933.
[Approved March 21, 1951]
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 4085.04, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 5. There shall be deposited with the board of trustees or board of directors of any cemetery corporation or association where said mausoleum, vault or crypt is to be erected a maintenance fund in such sum as shall be determined and fixed by the said state board of health, and from and after the passage and approval of this act it shall be the duty of the board of directors or board of trustees of a cemetery corporation or association receiving funds as herein provided to invest or reinvest such funds in bonds of the United States, or the bonds of this state, or the bonds of other states of the union, or the bonds of counties or municipalities of the states of the union, or corporate bonds or preferred or common stock listed on the New York stock exchange and approved by the state board of finance; provided, that pending such investment as herein provided such funds may be deposited in any savings bank in this state; and provided further, that the income from such investments shall be used for the care and upkeep of said structure and for no other purpose.
________
κ1951 Statutes of Nevada, Page 358κ
Assembly Bill No. 218Messrs. Capurro and Francovich
CHAPTER 239
AN ACT making it unlawful to play at any licensed gambling game with marked cards, marked or loaded dice, or tamper with any licensed slot machines; and making it further unlawful to use any slugs, tokens, cheating or thieving device upon any lawful vending machine, coin box, telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America; providing penalties for the violation thereof; and other matters properly connected therewith.
[Approved March 21, 1951]
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 playing any licensed gambling game to substitute and use in any such game cards or dice that have been marked, loaded or tampered with or in playing any slot machine to use slugs, tokens or any cheating or thieving device, or to remove from any slot machine any part of the contents thereof by spoon, wire or similar thieving devices, or to use any such slugs, tokens, or cheating or thieving devices upon any other lawful vending machine, coin box, telephone, or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use, or enjoyment of property or service.
Sec. 2. Any violations of the provisions of this act shall be deemed a gross misdemeanor and shall be punishable by a fine not less than $1,000 or by imprisonment in the county jail for a term of not more than one year or less than six (6) months, or by both such fine and imprisonment.
Sec. 3. All acts and parts of acts in conflict herewith, including chapter 39, Statutes of 1935, being sections 10611.01, 10611.02, 10611.03, 1929 N. C. L. 1941 Supp., are hereby repealed.
Sec. 4. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 313Messrs. Carville and Francovich
CHAPTER 240
AN ACT to amend an act entitled An act to provide for the appointment of bailiffs for the district courts of the several judicial districts of this state in the counties polling forty-five hundred or more votes; defining the powers and duties of such bailiffs; fixing their compensation and repealing all acts or parts of acts in conflict with this act, approved February 24, 1909.
[Approved March 21, 1951]
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 8462, N. C. L. 1929, is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 359 (CHAPTER 240, AB 313)κ
Section 2. In all judicial districts where there are more than one judge, there shall be but one bailiff to attend both divisions of the court, said bailiff to be appointed by the joint action of the two judges; provided, if the two judges cannot agree upon the appointment of the same within thirty days after the approval of this act, then the appointment shall be made by a majority of the board of county commissioners; provided, however, that in any judicial district comprised of only one county and wherein there are three or more departments of said judicial district there shall be not more than two bailiffs to attend all departments of said district court, said bailiffs to be appointed by the presiding judges; provided, if the judges of said district cannot agree on the appointment of said bailiffs within thirty days after the approval of this act the county commissioners shall make the appointment of said bailiffs.
Sec. 2. Section 5 of the above-entitled act, being section 8465, N. C. L. 1929, is hereby amended to read as follows:
Section 5. The compensation of each bailiff for his services shall be not more than two hundred and fifty ($250) dollars per month, and shall be paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.
Sec. 3. This act shall be in full force and effect immediately upon its passage and approval.
________
Assembly Bill No. 179Mr. Carville
CHAPTER 241
AN ACT to amend an act entitled An act fixing the salaries of the justices of the supreme court of Nevada, approved March 25, 1927, as amended.
[Approved March 21, 1951]
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 8437, 1929 N. C. L. 1949 Supp., is hereby amended so as to read as follows:
Section 1. From and after the expiration of the present term of each justice of the supreme court of the State of Nevada, his successor and successors in office thereafter shall receive a salary of ten thousand dollars ($10,000) a year, payable in equal semimonthly installments as other state officers are paid.
Sec. 2. For the purpose of paying the respective salaries herein allowed, there is hereby appropriated, for the biennium ending June 30, 1953, the sum of $2,000 or so much as may be necessary, out of any funds in the state treasury not otherwise appropriated.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
________
κ1951 Statutes of Nevada, Page 360κ
Senate Bill No. 190Committee on Judiciary
CHAPTER 242
AN ACT establishing certain acts as crimes, and providing punishment therefor.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Every person who shall directly or indirectly, by himself or any other person, in his behalf, make use of or threaten to make use of any force, coercion, violence, restraint, or undue influence, or inflict or threaten to inflict, by himself or any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person, expose or publish, or threaten to expose or publish, or publish any fact concerning a person in order to induce or compel such person to vote or refrain from voting for any candidate or the ticket of any political party or any measure before the people; and every person who, otherwise than by public speech or print, shall, either directly or indirectly, urge, persuade or command any voter to vote, or refrain from voting for or against any candidate or political party ticket or measure submitted to the people, in the interest of any church, religious or other corporation or organization, or who shall by abduction, duress or any fraudulent contrivance, impede or prevent the free exercise of the franchise by any voter at any election, or shall thereby compel, induce or prevail upon any elector to give or refrain from giving his vote, or shall discharge, or change the place of any employee with the intent and for the purpose of impeding or preventing the free exercise of the franchise of such voters, shall be guilty of undue influence, and shall be punished as for a gross misdemeanor.
Sec. 2. Any person shall be deemed to be guilty of the offense of personation who, at any election, applies for a ballot in the name of some other person, whether it be that of a person living or dead, or of a fictitious person, or who, having voted once at an election applies at the same election for a ballot in his own name; and on conviction thereof such person shall be punished by imprisonment in the penitentiary at hard labor for not less than one nor more than three years.
Sec. 3. Any person who shall invite, offer or effect the transfer of any convention, caucus or committee credential in return for any payment of money or other valuable thing, or appointment to any position whatsoever, shall be punished as for a gross misdemeanor.
Sec. 4. This act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 361κ
Senate Bill No. 204Senator Strosnider
CHAPTER 243
AN ACT authorizing transfer of certain funds of the city of Yerington, Lyon County, Nevada.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The appropriate officers of the city of Yerington, Lyon County, Nevada, are hereby authorized and directed to transfer the sum of forty-seven hundred dollars ($4,700) from the general fund of the city of Yerington to the street fund of the city of Yerington.
Sec. 2. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 285Committee on Taxation
CHAPTER 244
AN ACT authorizing the county assessor of any county in the state of Nevada to assess as personal property real property which has been overlooked or not assessed in previous years.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any law of the State of Nevada to the contrary notwithstanding, in the event that real property is overlooked and not listed on the assessment roll for any year and such roll has been closed and accounted for, and the owner of the property so requests, the assessor of any county wherein such property is located is authorized to assess such property as personal property, and to give his receipt for the taxes paid thereon in the amount received by him. Such assessment may be made at any time within one (1) year after the time when such property would normally have been assessed on the real property roll, and the receipt issued by the assessor shall specify the description of the property, together with the year for which the tax is paid. Such receipt issued by the assessor shall be conclusive evidence for the payment of all taxes against the property described for the year named on said receipt and shall be a complete defense to any action for taxes which may be brought for the period covered by said receipt.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 362κ
Senate Substitute for Assembly Bill No. 254Committee on Judiciary
CHAPTER 245
AN ACT to amend an act entitled An act to 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, as amended.
[Approved March 21, 1951]
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. 1949 Supp., 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 (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, 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 fifteen (15) years and shall have ended such service, shall, after such service of fifteen (15) years, and after reaching the age of 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, 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. This act shall take effect immediately after its passage and approval.
________
κ1951 Statutes of Nevada, Page 363κ
Assembly Bill No. 320Committee on Veterans Affairs
CHAPTER 246
AN ACT to repeal an act entitled An act to provide for the issuance of license to any person who has served in the army, navy, marine corps, or revenue marine service or maritime or merchant marine service of the United States in time of war and who has received an honorable discharge therefrom, and who desires to carry on the business of peddler or auctioneer, approved March 25, 1909, as amended.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 18, Statutes of 1947, and being sections 6718 and 6719, 1929 N. C. L. 1949 Supp., is hereby repealed.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 289Mr. Anderson
CHAPTER 247
AN ACT to amend an act entitled An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters properly connected therewith, approved March 23, 1933, as amended.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 25 of the above-entitled act, being section 4437.24, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:
Section 25. Distinctive license plates shall be provided by the public service commission and delivered to the applicants for certificates and licenses under this act. The reasonable cost of such plates shall be borne by the state and paid out of the state highway fund upon claims therefor allowed as other claims against the state. Such license plate must at all times be conspicuously displayed in accordance with rules to be laid down by the public service commissioner. In addition to such identification, all motor vehicles coming within the provisions of this act shall have the name of the person, firm, corporation or association owning said vehicle, prominently and conspicuously displayed on both sides of such vehicle in such location, size and style as may be specified by the public service commissioner, except private carriers licensed and operated solely in the State of Nevada.
κ1951 Statutes of Nevada, Page 364 (CHAPTER 247, AB 289)κ
this act shall have the name of the person, firm, corporation or association owning said vehicle, prominently and conspicuously displayed on both sides of such vehicle in such location, size and style as may be specified by the public service commissioner, except private carriers licensed and operated solely in the State of Nevada.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 185Committee on Finance
CHAPTER 248
AN ACT authorizing and directing the state controller to transfer a certain sum from a specified item in the 1949 appropriation for the Nevada school of industry to another specified item in said appropriation.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of section 59 of chapter 125, Statutes of Nevada 1949, being the act making appropriations for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1950-1951, the state controller of the State of Nevada is hereby authorized and directed to transfer the sum of seven hundred and sixteen dollars ($716) from the salary of superintendent item in the Nevada school of industry fund, as appropriated and set apart in section 33 of the aforesaid act, to the medical and dental services item.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
Senate Bill No. 115Senator Settelmeyer
CHAPTER 249
AN ACT authorizing and directing the state controller to transfer a certain sum from a specified item in the 1949 appropriation for the Nevada state library to another specified item in said appropriation.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of section 21 of chapter 125, Statutes of Nevada 1949, being the act making appropriations for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1950-1951, the state controller of the State of Nevada is hereby authorized and directed to transfer the sum of three thousand and eighty-eight dollars ($3,088) from the salary of state librarian item of the state library fund, as appropriated and set apart in section 21 of the aforesaid act, to the books, magazines, and general support item.
κ1951 Statutes of Nevada, Page 365 (CHAPTER 249, SB 115)κ
set apart in section 21 of the aforesaid act, to the books, magazines, and general support item.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
Assembly Substitute for Assembly Bill No. 246Committee on Labor
CHAPTER 250
AN ACT to amend an act entitled An act to create a state contractors board; defining the powers and duties of said board; defining contractors and providing for the licensing of contractors; fixing the fees for such licenses; providing the method of suspension and cancellation of such licenses; prescribing a penalty for the violation of this act and other matters properly relating thereto, approved March 31, 1941, as amended.
[Approved March 21, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8 of article 3 of the above-entitled act, being section 1474.20, 1929 N. C. L. 1941 Supp., is hereby repealed.
Sec. 2. Article 4 of the above-entitled act, being sections 1474.22-1474.26, 1929 N. C. L. 1941 Supp., is hereby amended, to add thereto a new section to be designated as section 6, and reading as follows:
Section 6. No new license, as distinguished from renewal of an existing license, shall be issued hereafter by the board unless the applicant for such new license shall file, or have on file, with the board a bond issued by a qualified surety insurer in a sum to be fixed by the board based upon the magnitude of the operations of the applicant, but which sum shall not be less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), running to the State of Nevada and conditioned upon his compliance with all the provisions of this chapter, or in lieu thereof that such applicant or licensee post with the board a cash deposit in an amount based upon the magnitude of the operations of the applicant but of a sum not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). After the licensee required to furnish the bond has acted in the capacity of a licensed contractor within the State of Nevada for a period of one year, the said licensee shall be relieved of the requirement that said bond shall be filed or posted.
Every person injured by the unlawful acts or omission of a contractor who has posted a bond as required under the provisions of the preceding paragraph may bring an action in a proper court on the bond, or a claim against the cash deposit for the amount of the damage he suffered as a result thereof to the extent covered by the bond or cash deposit.
The claim of any employee of the contractor for wages shall be a preferred claim against any such bond or cash deposit.
If any bond or cash deposit which may be required is insufficient to pay all claims for wages in full, the sum recovered shall be distributed among all claimants for wages in proportion to the amount of their respective claims.
κ1951 Statutes of Nevada, Page 366 (CHAPTER 250, AB 246)κ
to pay all claims for wages in full, the sum recovered shall be distributed among all claimants for wages in proportion to the amount of their respective claims. The partial payment of such claims shall not be considered as full payment and the claimants may bring action for the completion of payment of any unpaid balance. The failure of an applicant to file the said required bond, or post the said required deposit, shall constitute grounds for denying him a license. The bond or cash deposit shall remain in force and with the board during the first years operation of said licensee as a licensed contractor, and during such additional time as, in the opinion of the board, there may be unsatisfied claims outstanding against the said period of operation.
________
Senate Bill No. 159Committee on State and County Affairs
CHAPTER 251
AN ACT directing the state board of agriculture to grant certain designated property to the county commissioners of Washoe County, Nevada; providing the term for which such grant shall be effective; providing the payments to be made by Washoe County, Nevada, to the State of Nevada; empowering the county commissioners to make contracts for periods of time relating thereto; declaring inconsistent acts not applicable insofar as they conflict, and all matters properly relating thereto.
[Approved March 21, 1951]
Whereas, The State of Nevada is the owner in fee simple of certain lands located in the county of Washoe, having acquired such lands by deed to the State of Nevada, dated the ninth day of March, 1889, and
Whereas, It is the expressed desire of the people of the State of Nevada to set forth in the Statute of Nevada for 1887 beginning at page 35, that said land be used for public use and purpose; and
Whereas, The state board of agriculture is vested by law with the exclusive management and control of the state agricultural society; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In consideration of the payment of the sum of one dollar ($1), the state board of agriculture of the State of Nevada acting for the state agricultural society and the people of the State of Nevada is hereby authorized and directed to forthwith execute and deliver for and on behalf of the State of Nevada to the county of Washoe a good and sufficient agreement releasing all the rights, title, and interest of the State of Nevada in and to that certain property located in the county of Washoe and more particularly described as that certain piece or parcel of land situated in the county of Washoe, State of Nevada, designated as the northeast quarter (NE 1/4) of the southwest quarter (SW 1/4) and the southeast quarter (SE 1/4) of the northwest quarter (NW 1/4) of section 1, township 19 north, range 19 east, M.
κ1951 Statutes of Nevada, Page 367 (CHAPTER 251, SB 159)κ
northwest quarter (NW 1/4) of section 1, township 19 north, range 19 east, M. D. B. & M., containing 80 acres, more or less, excepting approximately 2.904 acres more or less and described as follows: Beginning at the southwest corner of the E 1/2 of Lot 2 of NW 1/4, section 1, T. 19 N., R. 19 E., M. D. B. & M., thence south 0° 20′ east 600.50 feet more or less, thence northeasterly along the north side of Alameda avenue 702 feet more or less, assuming an avenue 60 feet in width, thence north 1° 19′ west 59 feet more or less, thence south 88° 41′ west 430 feet to the point of beginning; together with 80 inches of water from the English Mill ditch under six inch pressure to be taken at convenient places from said ditch for irrigation and other purposes; together with all rights appurtenant thereto.
Sec. 2. Said lands shall be released to the county of Washoe for a period of fifty (50) years from the date of the approval of this act.
Sec. 3. The county of Washoe, by and through its county commissioners, shall have the responsibility for the management, control and duty to properly maintain the premises and repair the appurtances thereto.
Sec. 4. Upon the expiration of the above-designated fifty-year period, unless otherwise provided by legislative enactment, this property shall revert to the State of Nevada.
Sec. 5. Each, every and all members of the board of county commissioners of Washoe County are hereby specifically empowered to accept said grant of said land, or enter into any contracts for the management of said property, notwithstanding the limitations set forth in that certain act known as An act in relation to county contracts, approved March 16, 1895, and being known as sections 1973 and 1974, N. C. L. 1929.
Sec. 6. All acts or parts of acts inconsistent herewith are hereby declared not applicable insofar that they are inconsistent with the provisions of this act.
Sec. 7. The agreement referred to in section 1 above shall be fully executed on or before the first day of May, 1951.
Sec. 8. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 133Committee on Judiciary
CHAPTER 252
AN ACT to amend an act entitled An act to provide for the compiling, reporting, printing, and distribution of the decisions of the supreme court of the State of Nevada, and repealing certain acts in conflict herewith, approved March 22, 1915, as amended.
[Approved March 21, 1951]
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 section 5214, Nevada Compiled Laws 1929, is hereby amended to read as follows:
κ1951 Statutes of Nevada, Page 368 (CHAPTER 252, SB 133)κ
Section 3. The superintendent of state printing shall furnish the reporters of decisions with proof sheets for their verification and correction before publication in permanent form. The superintendent of state printing shall then immediately print each complete supreme court decision in pamphlet form, and shall furnish the clerk of the supreme court with five hundred (500) pamphlet copies of each decision for distribution to the legal fraternity and newspapers of this state. Each decision shall be printed and pamphlet copies returned to the clerk of the supreme court within fourteen (14) days, not including the day of delivery, after such decision has been furnished to the superintendent of state printing by the clerk of the supreme court; provided, however, that for good cause shown, the chief justice of the supreme court may extend the time within which such decision or decisions may be published. At the time of delivering the copy of any decision to the superintendent of state printing pursuant to the provisions of this act, which shall be immediately after such decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of such delivery, and the title and number of the case. Funds for printing the Nevada reports and the pamphlet decisions shall be provided by legislative appropriation from the general fund, as a budgeted part of the appropriation for the support of the supreme court, and shall be paid out on claims as other claims against the state are paid.
Sec. 2. Notwithstanding the provisions of section 58 of chapter 125, Statutes of Nevada 1949, being the act making appropriations for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1950-1951, the state controller of the State of Nevada is hereby authorized and directed to transfer any balance remaining on April 1, 1951 in the item state official printing as appropriated and set apart in the aforesaid section 58, to the publishing Nevada reports item of the state supreme court fund.
Sec. 3. For the purpose of carrying out the provisions of this act for the balance of the biennium ending on June 30, 1951, there is hereby appropriated from the general fund the sum of one thousand two hundred dollars ($1,200).
Sec. 4. That certain act of the legislature of the State of Nevada 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, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 5. This act shall be in full force and effect from and after April 1, 1951.
________
κ1951 Statutes of Nevada, Page 369κ
Assembly Bill No. 40Mr. Buol
CHAPTER 253
AN ACT to provide for the issuance by the motor vehicle division of special license plates to motor vehicle owners who operate amateur radio stations.
[Approved March 21, 1951]
Whereas, From melting snows of California through the flooded valley of the Mississippi, to the hurricane-lashed shores of Florida, the amateur radio operator has proven his worth in time of disaster and widespread danger to the people; and
Whereas, He has been directly instrumental by the dissemination of information in saving life and property at times when regular communication facilities were disrupted; and
Whereas, His services in locating travelers and persons whose whereabouts are unknown, and in numerous instances when disaster and storm have threatened, he has been a boon to mankind; and
Whereas, There are approximately 173 licensed amateur radio stations in Nevada ready and alert, equipped at their own expense, and prepared in any emergency; and
Whereas, A distinctive automobile license plate would prove of great aid to the highway patrol, sheriffs, Red Cross, municipal police officers, and the national guard in locating these amateur radio operators in time of public or private need; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Owners of motor vehicles who are residents of the State of Nevada, and who hold an unrevoked and unexpired official amateur radio station license issued by the federal communications commission, upon application, accompanied by proof of ownership of such amateur radio station license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of three dollars ($3) shall be issued a license plate, as prescribed by law for private passenger cars, upon which in lieu of the numbers as prescribed by law shall be inscribed the official amateur radio call letters of such applicant as assigned by the federal communications commission.
Sec. 2. The motor vehicle division shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger car before issuing such plates in lieu of the regular Nevada license plate, and all applications for such plates shall be made to the motor vehicle division.
Sec. 3. The motor vehicle division shall furnish to the assessor of each county in the State of Nevada an alphabetically arranged list of the names, addresses, and license plate letters of each person to whom a license plate is issued under the provisions of this act, and it shall be the duty of the assessors of the state to maintain and keep current such lists for public information and inquiry.
κ1951 Statutes of Nevada, Page 370 (CHAPTER 253, AB 40)κ
Sec. 4. This act is supplementary to the motor vehicle licensing laws of the State of Nevada, and nothing herein shall be construed as abridging or amending such laws.
Sec. 5. To carry out the provisions of this act there is hereby appropriated from the highway fund for the biennium ending June 30, 1953, the sum of one thousand five dollars ($1,500) to be paid out on claims as other claims against the state are paid.
Sec. 6. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 317Committee on Social Welfare
CHAPTER 254
AN ACT providing for the government and maintenance of the Nevada state childrens home; providing that the state welfare board shall be the governing agency of said home; providing for the appointment of the superintendent of said childrens home; providing for the duties of the state welfare board and the superintendent in relation to the Nevada state childrens home; providing duties; expressing the legislative intention and other matters relating thereto.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following words shall have the following meaning when used in this act:
(1) Department means the state welfare department.
(2) Board means the state welfare board.
(3) Director means the director of the state welfare department.
(4) County boards mean county advisory boards.
(5) Superintendent means superintendent of the Nevada state childrens home.
Sec. 2. The Nevada state welfare board shall be the policy making board of the Nevada state childrens home. The Nevada state welfare board shall meet not less than four times per year with the superintendent of the Nevada state childrens home to discuss the operational problems of said state childrens home.
Sec. 3. The state welfare board shall select a superintendent of the Nevada state childrens home. The superintendent shall serve at the pleasure of the state welfare board and shall be selected on the basis of his training, experience, capacity and interest in child welfare.
Sec. 4. The salary of the superintendent of the Nevada state childrens home shall be three thousand six hundred dollars ($3,600) per annum, and the salary of the matron of the Nevada state childrens home shall be two thousand four hundred dollars ($2,400) per annum.
Sec. 5. The superintendent of the Nevada state childrens home shall receive any gifts made to the said childrens home in the name of the Nevada state childrens home and shall be accountable to and report said gifts to the state welfare board.
κ1951 Statutes of Nevada, Page 371 (CHAPTER 254, AB 317)κ
Sec. 6. The superintendent shall have power to manage and administer the affairs of the home and to establish rules for its operation not inconsistent with any policies set forth by the state welfare board. He shall employ all persons necessary to conduct the affairs of the home. All accounts and demands against the Nevada state childrens home shall be examined and approved by the superintendent and by him submitted to the board of examiners, and when allowed by the board of examiners, the state controller shall draw his warrant in payment thereof on the state childrens home fund for that amount. The fund heretofore known as the state orphans home fund shall hereafter be known as the state childrens home fund.
Sec. 7. The superintendent shall make reports to the state welfare board, supply the legislature with requested material and present the biennial budget of the state childrens home to the legislature in conjunction with the state budget official.
Sec. 8. The superintendent shall also make an annual report to the governor of the condition, operation and function of the state childrens home. The superintendent shall further keep a complete record of all papers and documents pertaining to his office. The superintendent shall also inform the public with regard to the activities and operation of the Nevada state childrens home and furnish other information which may be requested to acquaint the public with the problems of the Nevada state childrens home.
Sec. 9. It is the intent of the legislature that the Nevada state childrens home shall become an agency of the state welfare board and shall be on an equal basis and footing with the old-age assistance and child welfare departments. It is further the intention of the legislature that the superintendent of the Nevada state childrens home and the director of the welfare department shall serve on an equal footing and shall coordinate the work of their departments through the state welfare board. The legislature further expresses its desire that the cooperative efforts of these agencies be and through the superintendent and director shall work to the benefit of the public welfare of the State of Nevada.
Sec. 10. That institution formerly known as the Nevada state orphans home shall hereafter be known as the Nevada state childrens home.
Sec. 11. This act shall become effective from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 372κ
Assembly Substitute for Assembly Bill No. 14Committee on Labor
CHAPTER 255
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, as amended.
[Approved March 22, 1951]
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 2800.09, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 9. The following shall constitute employers subject to the provisions of this act:
(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 two (2) or more employees under a contract of hire; provided, that employers who have in service less than two (2) 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 24 of the above-entitled act, being section 2800.24, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 24. Except as otherwise provided for in this act, no contract of employment, insurance, relief benefit, or indemnity, or any other device, shall modify, change or waive any liability created by this act; such contract of employment, insurance, relief benefit, or indemnity, or other device having for its purpose the waiver or modification of the terms of liability created by this act, shall be void.
Sec. 3. Section 25 of the above-entitled act, being section 2800.25, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 25. Every employee who is disabled or dies because of an occupational disease as herein defined arising out of and in the course of employment in the State of Nevada, or the dependents, as that term is defined in the Nevada industrial insurance act, of an employee whose death is caused by an occupational disease, shall, on and after July 1, 1947, be entitled to the compensation provided by the Nevada industrial insurance act for temporary total disability, permanent total disability, or death, as the facts may warrant, subject to the modifications herein mentioned; provided, that in the cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person shall be entitled to such compensation unless for ninety (90) days next preceding the contraction of such occupational disease, the employee has been a resident of the State of Nevada, or for ninety (90) days next preceding the contraction of such occupational disease, has been employed by an employer contributing to the occupational diseases fund of Nevada for the benefit of such employee.
κ1951 Statutes of Nevada, Page 373 (CHAPTER 255, AB 14)κ
the Nevada industrial insurance act for temporary total disability, permanent total disability, or death, as the facts may warrant, subject to the modifications herein mentioned; provided, that in the cases of tenosynovitis, prepatellar bursitis, and infection or inflammation of the skin, no person shall be entitled to such compensation unless for ninety (90) days next preceding the contraction of such occupational disease, the employee has been a resident of the State of Nevada, or for ninety (90) days next preceding the contraction of such occupational disease, has been employed by an employer contributing to the occupational diseases fund of Nevada for the benefit of such employee. Where an employee, though not actually disabled, is found to be affected by silicosis, he may, subject to the approval of the commission and its medical advisor, be permitted to waive in writing full compensation for an aggravation of his condition that may result from his continuing in his hazardous occupation, but nothwithstanding the foregoing, no waiver shall be permitted in the case of an employee who has been exposed to harmful quantities of silicon dioxide dust for a period of not less than four (4) years in employment in Nevada. In the event of total disablement or death as a result of the disease with which the employee was so affected, after such a waiver, compensation shall nevertheless be payable as herein elsewhere provided, but in no case, whether for disability or death or both, shall the compensation exceed fifty (50%) percent of the amount that would have been paid had an employee not been previously affected. A waiver so permitted shall remain in effective, for the trade, occupation, process, or employment for which executed, notwithstanding a change or changes of employer. The commission shall make reasonable rules and regulations relative to the forms, execution, filing or registration and public inspection of waivers or records thereof.
Sec. 4. Section 39 of the above-entitled act, being section 2800.39, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 39. (a) The commission shall adopt reasonable and proper rules to govern its procedure, regulate, prepare, and provide forms of claims and such other forms as the commission may deem proper and advisable, services thereof, the nature and extent of the proofs and evidences, and the method of taking and furnishing the same to establish the rights to compensation from the occupational diseases fund and the medical benefits fund, the method of making investigations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made, and to adopt such other reasonable rules and regulations as may be necessary to carry out the provisions of this act.
(b) Subsequent to July 1, 1949, the commission shall lower the premium rate of or declare a rebate to any establishment or plant which has contributed to the occupational diseases fund for one year or more if and as experience shall show it to maintain such a high standard of safety as to differentiate it from other like establishments or plants; provided, that the amount of such reduction of premium rate or rebate of premium contribution shall be in the discretion of the commission but shall not exceed twenty percent (20%) where the accident experience of such establishment comprises less than twenty-four (24) consecutive months nor thirty percent (30%) where the accident experience comprises more than twenty-four (24) consecutive months.
κ1951 Statutes of Nevada, Page 374 (CHAPTER 255, AB 14)κ
commission but shall not exceed twenty percent (20%) where the accident experience of such establishment comprises less than twenty-four (24) consecutive months nor thirty percent (30%) where the accident experience comprises more than twenty-four (24) consecutive months.
(c) Whenever the accident experience of an establishment or plant shall show that the operations or works of such establishment or plant are more dangerous in comparison with other like establishments or plants, the Nevada industrial commission may increase the premium rates for the operations or works of such establishment or plant in proportion to the hazard. Such increase in premium rates may be made without previous notice.
(d) For the purposes of any experience rating to an establishment or plant as provided for in paragraphs (b) and (c) of this section, the accident record of any establishment or plant shall not be charged directly with more than two thousand five hundred dollars ($2,500) for any one case of total disability or death as a result of silicosis arising out of and in the course of employment in Nevada; provided, however, that in any case coming within the purpose of this paragraph, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a period of not less than five (5) years in employment in Nevada.
Sec. 5. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 6. This act shall become effective on July 1, 1951.
________
Senate Bill No. 74Committee on Public Health
CHAPTER 256
AN ACT to provide an appropriation for the support of the division of dental health of the state department of health in cooperation with the federal security agency.
[Approved March 22, 1951]
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 for the support of the division of dental health of the state department of health, to be expended in cooperation with the federal security agency, the sum of twenty-five thousand dollars ($25,000) for the biennium ending June 30, 1953.
________
κ1951 Statutes of Nevada, Page 375κ
Senate Bill No. 95Senator Lovelock
CHAPTER 257
AN ACT making an appropriation for the support of Nevada wing 96 of civil air patrol for the biennium 1951-1953.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing support of Nevada wing 96 of civil air patrol as established pursuant to executive order of the president of the United States made on December 1, 1941, in carrying out crash, rescue, and emergency operations, and in defraying the cost of purchase, repair, and maintenance of emergency equipment, there is hereby appropriated from the general fund for the period ending on June 30, 1953, the sum of three thousand dollars ($3,000) to be paid out on claims as other claims against the state are paid. All claims shall be approved by the wing commander and wing executive officer of said Nevada wing 96 of civil air patrol before they are paid.
Sec. 2. In the event that Nevada wing 96 of civil air patrol is disbanded by executive order of the president of the United States, any balance remaining of the aforesaid appropriated sum shall revert to the general fund within sixty (60) days after the date of said executive order.
Sec. 3. This act shall be effective immediately upon passage and approval.
________
Assembly Bill No. 83Committee on Ways and Means
CHAPTER 258
AN ACT providing for the appointment of a deputy and a stenographic clerk in the office of the clerk of the supreme court, and repealing acts and parts of acts in conflict herewith.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The clerk of the supreme court shall have the power, under his hand and seal, to appoint one deputy in his office, whose salary is hereby fixed at two thousand nine hundred fifty dollars ($2,950) per annum; the deputy so appointed may, during the absence or inability of the clerk of the supreme court, perform all the duties of a ministerial nature requisite and pertaining to the office.
Sec. 2. The clerk of the supreme court is hereby authorized to employ one stenographic clerk, whose salary shall be paid in the manner and the amount as provided by law.
Sec. 3. That certain act of the legislature of the State of Nevada entitled An act giving the clerk of the supreme court authority to appoint a deputy in his office, approved March 2, 1917, is hereby repealed.
κ1951 Statutes of Nevada, Page 376 (CHAPTER 258, AB 83)κ
entitled An act giving the clerk of the supreme court authority to appoint a deputy in his office, approved March 2, 1917, is hereby repealed.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
________
Senate Bill No. 106Committee on Mining
CHAPTER 259
AN ACT authorizing the directors of the Nevada state bureau of mines to enter into cooperative agreements with the United States geological survey for the purpose of investigating mineral and geological conditions within the state in the topographic and geologic mapping thereof, and providing an appropriation therefor.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The director of the Nevada state bureau of mines for and on behalf of the State of Nevada, with the approval of the governor, is authorized to enter into agreements with the United States geological survey for cooperation in investigating mineral and geological conditions within said state and in the topographic and geologic mapping of Nevada; provided, however, that the expenses of such work shall be divided between the parties upon a basis whereby the State of Nevada will not pay more than fifty per centum of said expenses.
Sec. 2. There is hereby appropriated out of any funds of the state treasury of the State of Nevada not otherwise specifically appropriated the sum of thirty thousand dollars ($30,000), to carry out the provisions of this act, for the biennium beginning July 1, 1951.
Sec. 3. All claims against said fund shall be approved by the director, and when thereafter approved by the state board of examiners shall be paid in the same manner as other claims against the state.
Sec. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 5. This act shall be in full force and effect from and after July 1, 1951.
________
κ1951 Statutes of Nevada, Page 377κ
Assembly Bill No. 296Mr. Capurro
CHAPTER 260
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, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 88 1/2 of the above-entitled act, being chapter 101, page 382, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 88 1/2. The state fish and game commission shall be empowered to authorize, under permit, competitive field trials for hunting dogs, and shall prescribe the rules and regulations to be followed by those in charge of such trials insofar as conduct of the field trials has any effect or bearing upon the supply of game and the laws of this state respecting closed and open seasons. For the purpose of permitting such field trials the commission may authorize shooting of upland game birds during any closed season on the species of bird or birds to be hunted, and shall make provisions for the restocking of such game birds by those conducting the field trials. Nothing in this act shall be construed to make it unlawful to break, train, or practice hunting dogs, or to hold field trials therefor, between July 1 and March 31, provided that native game birds are not killed, captured, or injured thereby. Whenever legally acquired domesticated game birds are used for the training of hunting dogs or in the holding of field trials, such domesticated game birds may be lawfully taken by shooting, providing the person so taking such birds shall have a valid hunting license.
All domesticated game birds used in a field trial or for the purpose of training hunting dogs shall be inspected and leg banded by a representative of the state fish and game commission before such birds are released. Such birds shall only be released in areas that have first been designated by a representative of the state fish and game commission as unpopulated game bird areas, after which the said state fish and game commission shall authorize, under permit and under such rules and regulations as the commission may prescribe, the releasing of such domesticated game birds for the foregoing purposes.
κ1951 Statutes of Nevada, Page 378 (CHAPTER 260, AB 296)κ
such rules and regulations as the commission may prescribe, the releasing of such domesticated game birds for the foregoing purposes.
All domesticated birds taken under the provisions of this section must be immediately tagged with a meat seal provided by the state fish and game commission at a cost of not to exceed five cents each. The commission may, in the permit granting the releasing of such domesticated birds in a designated area, authorize a responsible person to affix said seals to the birds as soon as possible after killing. Birds killed and sealed under the provisions of this section may be legally possessed.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Assembly Bill No. 194Committee on Fish and Game
CHAPTER 261
AN ACT to appropriate money for the general support of the state board of fish and game commissioners as created by chapter 101, Statutes of Nevada 1947.
[Approved March 22, 1951]
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 board of fish and game commissioners as created by chapter 101, Statutes of Nevada 1947, for the biennium ending June 30, 1953, there is hereby appropriated out of moneys in the state treasury not otherwise appropriated the sum of forty thousand ($40,000) dollars.
All moneys appropriated under this act shall be placed in the state board of fish and game commissioners fund of the state treasury and disbursements for the purpose of this act shall be made upon claims duly filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed.
Sec. 2. This act shall be in full force and effect from and after June 1, 1951.
________
κ1951 Statutes of Nevada, Page 379κ
Assembly Bill No. 51Messrs. Christensen and Cross
CHAPTER 262
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, as amended.
[Approved March 22, 1951]
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 section 6570.22, Nevada Compiled Laws Supplement 1931-1941, is hereby amended to read as follows:
Section 3. To partially compensate this state for the use of its highways, an excise tax is hereby imposed at the rate of five and one-half (5 1/2’) cents per gallon on the use of fuel by any user thereof on and after the effective date of this act.
Sec. 2. This act shall become effective immediately upon its passage and approval.
________
Assembly Bill No. 350Committee on Ways and Means
CHAPTER 263
AN ACT making an appropriation from the postwar reserve fund for the purpose of redeeming bonds issued for the construction of the state office building.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the principal and interest on bonds issued for the construction of the state office building as provided by chapter 325, Statutes of Nevada 1949, there is hereby appropriated from the postwar reserve fund for the biennium ending June 30, 1953, the sum of one hundred thousand dollars ($100,000). All moneys herein appropriated, or so much thereof as may be necessary, shall be paid into the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada 1939, and disbursed as provided therein for the purposes of this act.
________
κ1951 Statutes of Nevada, Page 380κ
Assembly Bill No. 351Committee on Ways and Means
CHAPTER 264
AN ACT to fix the state tax levy for the years 1951 and 1952 and to distribute the said levy to the proper funds.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the year commencing January 1, 1951, an ad valorem tax of 69 cents on each one hundred dollars ($100) of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 1 cent; general fund, 67 cents.
Sec. 2. For the year commencing January 1, 1952, an ad valorem tax of 69 cents on each one hundred dollars ($100) of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 1 cent; general fund, 67 cents.
Sec. 3. This act shall become effective immediately upon passage and approval.
________
Assembly Bill No. 334Committee on Rules and Legislative Functions
CHAPTER 265
AN ACT relating to the election or appointment of officers and employees of the legislature of the State of Nevada, defining their duties and compensation, and repealing certain acts in conflict therewith.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The officers and employees of the senate shall not exceed fifteen (15) in number, and shall consist of not more than one secretary, one assistant secretary, one sergeant-at-arms, one minute clerk, one journal clerk, one history clerk, one engrossing clerk, one assistant engrossing clerk, one enrolling clerk, one assistant enrolling clerk, three floor clerks, one janitor, and one page.
Sec. 2. The secretary of the senate shall be elected as an officer by the members of the senate.
κ1951 Statutes of Nevada, Page 381 (CHAPTER 265, AB 334)κ
the members of the senate. A standing committee of the senate shall recommend by resolution the appointment of all other senate employees authorized by law, and said committee shall have authority to suspend any such employee for incompetency or dereliction of duty, pending final action by the senate. The secretary shall assign the duties of the senate employees.
Sec. 3. The number of officers and employees of the assembly shall be determined by each session of the assembly as recommended by the assembly committee on rules and legislative functions, and shall include at least one chief clerk, one assistant chief clerk, one sergeant-at-arms, one amendment clerk, one minute clerk, one journal clerk, one history clerk, one engrossing clerk, one assistant engrossing clerk, one enrolling clerk, one assistant enrolling clerk, one supply clerk, fifteen floor clerks, one janitor, and two pages.
Sec. 4. The chief clerk of the assembly shall be elected as an officer by the members of the assembly. A standing committee of the assembly shall recommend by resolution the appointment of all other assembly employees authorized by law, and said committee shall have authority to suspend any such employee for incompetency or dereliction of duty pending final action by the assembly. The chief clerk shall assign the duties of the assembly employees.
Sec. 5. The amendment clerk of the assembly shall serve both houses of the legislature without favor, and all bills and resolutions of both houses designated for reprinting, engrossment, re-engrossment, and enrollment shall be routed, directly through the office of the amendment clerk. As directed by the secretary of the senate and the chief clerk of the assembly, the amendment clerk shall immediately insert all bill and resolution amendments adopted by the respective houses preparatory to reprinting, engrossment, re-engrossment, and enrollment. As directed by the secretary of the senate and the chief clerk of the assembly, and in cooperation with the committees concerned, the amendment clerk shall have immediate supervision of the work of the engrossment and enrollment employees of both houses.
Sec. 6. There shall be paid to the several officers and employees named in this act, for all services rendered by them under the provisions of this act, the following sums of money and no more: The secretary of the senate and the chief clerk of the assembly shall each receive fifteen dollars ($15) per day; the assistant secretary of the senate, the assistant chief clerk of the assembly, and the amendment clerk of the assembly shall each receive eleven dollars ($11) per day; the minute, journal, and history clerks of the senate and assembly shall each receive nine dollars ($9) per day; the sergeant-at-arms, and the stenographers of the senate and assembly shall each receive eight dollars ($8) per day; the janitors of the senate and assembly shall each receive six dollars ($6) per day; the pages of the senate and assembly shall each receive five dollars ($5) per day; and all other employees of the senate and assembly shall each receive seven dollars ($7) per day.
κ1951 Statutes of Nevada, Page 382 (CHAPTER 265, AB 334)κ
Sec. 7. 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 legislative fund as other claims against the state are paid. During the session, all claims of the senate shall be approved by the secretary of the senate, and all claims of the assembly shall be approved by the chief clerk of the assembly.
Sec. 8. That certain act of the State of Nevada entitled An act relating to the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay, and repealing all acts in conflict therewith, approved January 28, 1931, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 9. All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.
________
Assembly Bill No. 338Committee on Roads and Transportation
CHAPTER 266
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 22, 1951]
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 section 5322, 1929 N. C. L. 1941 Supp., 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. Said state highway engineer shall receive a salary of seven thousand six hundred dollars ($7,600) the year, 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.
κ1951 Statutes of Nevada, Page 383 (CHAPTER 266, AB 338)κ
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.
________
Assembly Bill No. 341Committee on Ways and Means
CHAPTER 267
AN ACT providing for new construction at the Nevada state hospital, defining the duties of the state planning board and the superintendent of the Nevada state hospital, making an appropriation from the postwar reserve fund, and other matters relating thereto.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Provision is hereby made for the construction, equipping, and furnishing of a new addition to the male ward building, to provide for the work and materials incidental thereto, and for the payment of same, at an estimated cost of one hundred fifty thousand dollars ($150,000), fifty thousand dollars of which is to be furnished by the federal government as grants-in-aid.
Sec. 2. Provision is hereby made for the construction of two cottages at the Nevada state hospital, to provide for the work and materials incidental thereto, and for the payment of same, at an estimated cost of twenty-four thousand dollars ($24,000).
Sec. 3. The Nevada state planning board is hereby charged with the duty of carrying out the provisions of this act. The state planning board shall employ competent architects, who in turn shall employ competent structural and mechanical engineers in preparing plans and specifications; provided, however, that plans and specifications for the two cottages may be prepared by the state planning board staff. The state planning board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for structural, mechanical, and electrical construction. Approved plans and specifications shall be on file at a place and time stated in said advertisements for the inspection of contractors desiring to bid thereon, and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of said construction, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical, and electrical construction if savings will result thereby, at their discretion, to the lowest qualified bidder thereon; provided, that any or all bids for any good reason may be rejected.
κ1951 Statutes of Nevada, Page 384 (CHAPTER 267, AB 341)κ
and separate portions thereof, or a combination contract for structural, mechanical, and electrical construction if savings will result thereby, at their discretion, to the lowest qualified bidder thereon; provided, that any or all bids for any good reason may be rejected.
All sealed bids shall be accompanied by a bidders bond of five percent (5%) of the amount of the bid; the bid shall further show the Nevada state contractors license number of the bidder. If such license number is not so enclosed with the bid, said bid shall be rejected. A completion bond for the full amount of the contract shall be furnished by the successful bidder. The time limit covered by such completion bond shall be set by the architect, and based upon standard practice for such work, with the proper penalty therein provided. No exception or extension of time shall be permitted that may be caused by the unavailability of materials. There shall be no substitution of types and qualities of materials normally used in such construction because of the unavailability of materials.
Sec. 4. The state planning board shall pay the compensation of architects at the time of acceptance of the plans and specifications prepared and presented to the board, in full or in part, as provided for in the agreement between the board and the architects for the preparation and presentation of said plans and specifications. All bills for the employment of architects or for the work herein provided for shall be paid out on claims against the funds herein appropriated as other claims against the state are paid, and such claims shall be approved by the chairman and the secretary of the state planning board.
Sec. 5. The superintendent of the Nevada state hospital and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications and contracts for the whole or part or parts of said construction shall be approved by the superintendent of the Nevada state hospital before any construction may begin.
Sec. 6. The state planning board is hereby authorized and directed to apply for and expend federal funds furnished as grants-in-aid for hospital construction, in accordance with the provisions of chapter 219, Statutes of Nevada 1949.
Sec. 7. To carry out the provisions of this act, there is hereby appropriated from the postwar reserve fund the sum of one hundred twenty-four thousand dollars ($124,000), to be allocated as follows:
Addition to male ward building................................................... $100,000
Two cottages.................................................................................. 24,000
Sec. 8. The funds herein appropriated shall be available for expenditure immediately upon passage and approval of this act, and any unused portions of said funds shall revert to the postwar reserve fund on the first Monday in January 1953.
Sec. 9. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 10. This act shall become effective immediately upon passage and approval.
________
κ1951 Statutes of Nevada, Page 385κ
Assembly Bill No. 343Committee on Ways and Means
CHAPTER 268
AN ACT amending an act entitled An act creating the office of veterans service commissioner and deputy veterans service commissioner, providing the qualifications, the manner of appointment, duties, salary, term of office, and district of each said commissioner, declaring an emergency to exist, repealing section 7 thereof, and other matters relating thereto, approved March 29, 1943, as amended.
[Approved March 22, 1951]
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 6879.04, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 5. The salary of the veterans service commissioner shall be forty-two hundred ($4,200) dollars per year, and the salary of the deputy veterans service commissioner shall be forty-two hundred ($4,200) dollars per year, to be paid in the same manner as other state officers. Each said commissioner shall be allowed to employ such clerical and stenographic assistance as shall be necessary and to purchase necessary office equipment and supplies, and shall be allowed necessary travel and miscellaneous administrative expenses in the administration of this act, all of which said clerical and stenographic services, office equipment and supplies, travel expenses at the same rate as other state officers, and miscellaneous administrative expenses and salaries shall be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid; provided, all said expenses shall be within the limits of the appropriation made for the purposes of this act; and provided further, that the salaries and compensation of clerks and stenographers herein provided shall be at the same rate as that provided in the laws of this state for clerks and stenographers in other state departments.
________
Assembly Bill No. 344Mr. Hawkins
CHAPTER 269
AN ACT to amend an act entitled An act granting to the board of education of White Pine County, and to the board of trustees of Ely school district No. 1, power and authority to expend public school funds for the use, improvement and development of athletic facilities on the municipally owned park in Ely, White Pine County, Nevada, approved March 13, 1951.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 93, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 1. The board of education of White Pine County, and the board of trustees of Ely school district No.
κ1951 Statutes of Nevada, Page 386 (CHAPTER 269, AB 344)κ
board of trustees of Ely school district No. 1, are hereby authorized and empowered to enter into a cooperative agreement or agreements with each other and with the city council of the city of Ely and the county commissioners of White Pine County for the joint use, development and improvement of Ely city park, for all athletic facilities and necessary expenses in connection therewith determined to be needed or beneficial for public school purposes.
Sec. 2. This act shall be in full force and effect immediately upon its passage and approval.
________
Assembly Bill No. 93Mr. Cross
CHAPTER 270
AN ACT to amend an act entitled An act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, establishing assembly districts in certain counties of the state, and providing for the election therefrom of members of the assembly, approved March 27, 1947.
[Approved March 22, 1951]
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 7280.07, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. The apportionment of senators and assemblymen in the several counties of this state shall be as follows:
Churchill County, one senator and two assemblymen;
Clark County, one senator and nine assemblymen;
Douglas County, one senator and one assemblyman;
Elko County, one senator and four assemblymen;
Esmeralda County, one senator and one assemblyman;
Eureka County, one senator and one assemblyman;
Humboldt County, one senator and two assemblymen;
Lander County, one senator and one assemblyman;
Lincoln County, one senator and two assemblymen;
Lyon County, one senator and two assemblymen;
Mineral County, one senator and two assemblymen;
Nye County, one senator and two assemblymen;
Ormsby County, one senator and two assemblymen;
Pershing County, one senator and one assemblyman;
Storey County, one senator and one assemblyman;
Washoe County, one senator and ten assemblymen;
White Pine County, one senator and four assemblymen;
Sec. 2. Section 2 of the above-entitled act, being section 7280.08, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 2. The county of Clark is hereby divided into three assembly districts as follows:
All that portion of Clark County comprising the election precincts of the Nelson township and the Searchlight township as established by the county commissioners of Clark County shall be known as the assembly district No.
κ1951 Statutes of Nevada, Page 387 (CHAPTER 270, AB 93)κ
of the Nelson township and the Searchlight township as established by the county commissioners of Clark County shall be known as the assembly district No. 1, with one assemblyman to be elected at large. All that portion of Clark County comprising the election precincts of the Bunkerville township, of the Logandale township, of the Mesquite township, of the Moapa township, and of the Overton township as established by the county commissioners of Clark County shall be known as assembly district No. 3, with one assemblyman to be elected at large. All the remaining portion of Clark County, Nevada, shall be known as assembly district No. 2 with seven assemblymen to be elected at large.
Sec. 3. Section 3 of the above-entitled act, being section 7280.09, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 3. The county of Washoe is hereby divided into three assembly districts as follows: All that portion of Washoe County lying north of Reno, and including the voting precinct of Wadsworth, shall be known as assembly district No. 1, with one assemblyman to be elected at large. Voting precincts of Sparks, as established by the county commissioners of Washoe County, shall be known as assembly district No. 2, with two assemblymen to be elected at large. All that portion of Washoe County known as the voting precincts of Reno and Verdi, and all that portion of the county of Washoe south of the city of Reno, shall be known as assembly district No. 3, with seven assemblymen to be elected at large. At each election held hereafter at which assemblymen are to be elected, or nominated for election, from said county, there shall be elected or nominated by the qualified electors of assembly district No. 1, one assemblyman at large; assembly district No. 2, two assemblymen at large; assembly district No. 3, seven assemblymen at large. The county commissioners of Washoe County shall, prior to all elections and as provided by law, establish the polling places within said county in such manner that each and every polling place for all elections at which any assemblymen are to be elected, or nominated for election, shall be wholly within some one of said assembly districts, and any establishment of a polling place for any such election which lies partly in two or more assembly districts, shall be wholly null and void.
Sec. 4. This act shall be effective immediately from and after its passage and approval.
________
κ1951 Statutes of Nevada, Page 388κ
Assembly Bill No. 168Mr. Hawkins
CHAPTER 271
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, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 205 of the above-entitled act, being section 6084.215, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 205. The superintendent of public instruction is hereby authorized to order payments from the aid to rural school fund. The amount of aid paid to any rural school shall be determined as follows:
1. Upon receipt of the request for aid accompanied by a copy of the budget and statement of the assessed valuation specified in section 203 of this chapter, the superintendent of public instruction shall determine the amount available from all sources for the support and maintenance of the rural school for the then current year;
2. The amount needed for the transportation of pupils shall be deducted from the total amount available for the support and maintenance of the rural school;
3. The amount to be paid as aid to the rural school shall be the difference between three thousand two hundred ($3,200) dollars in the case of a one-teacher school and six thousand four hundred ($6,400) dollars in the case of a two-teacher school, and the amount determined in subparagraph 2 of this section to be available for the support and maintenance of the rural school for the then current school year after deducting the cost of transporting pupils.
4. The amount of aid thus determined to be necessary in order to guarantee to each rural school applying for aid, the sum provided in subparagraph 3 of this section shall be paid to the county treasurer for the account of the rural school as soon as practicable after the 15th of March each year.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall become effective immediately upon passage and approval and shall expire June 30, 1953.
________
κ1951 Statutes of Nevada, Page 389κ
Assembly Bill No. 242Mr. Coulthard
CHAPTER 272
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 in conflict therewith, approved March 27, 1907, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 54 of the above-entitled act, being section 1155, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 54. No person not a licensed and practicing attorney of the supreme court of this state, in good standing at the bar and a bona fide resident of the city for at least one year preceding his election or appointment, shall be eligible to the office of city attorney. In cities of the third class the mayor may, at his discretion, by and with the consent of the council, appoint a city attorney; provided, that in cities of the third class the mayor, with the consent of the city council may appoint as city attorney any qualified attorney who has resided in the said city for three months preceding the date of his appointment; and provided, further, that, if there is no duly licensed and practicing attorney in good standing at the bar within the city, the mayor, with the consent of the city council, may appoint some other attorney within the State of Nevada to fulfill the duties of said office until some other qualified attorney can be appointed; provided, however, that in cases where the boundaries of cities of the third class adjoin the boundaries of any charter city of a population in excess of twenty thousand (20,000), the mayor, with the consent of the city council, may appoint as city attorney any duly licensed, and practicing attorney in good standing at the bar within either of said cites. The city attorney shall be the legal advisor of the council and all officers of the city in all matters respecting the affairs of the city. He shall act as the attorney for the city in any and all legal proceedings in any and all courts in which the city is a party or interested. He shall prosecute in the proper courts for all offenses against the provisions of this charter, the ordinances of said city, and shall perform such other and further duties as may be required of him by the council or prescribed by ordinance. He shall be present at all meetings of the council, draw all ordinances, orders, rules, and resolutions required by the council. He shall verify and file for record all claims of the city for liens for assessments imposed for street improvements which remain unpaid, and shall preserve, protect, and enforce the rights of the city by prosecuting suits for the foreclosure of the same in the proper courts, and shall receive all moneys paid in by delinquents or otherwise realized in such proceedings, and shall, without delay, pay over all such moneys to the city clerk. The council may, in the exercise of its sound discretion, employ counsel to aid the city attorney whenever in its judgment the public interests shall require such employment, and the expense thereof shall be allowed and paid in the manner as other claims against the city.
κ1951 Statutes of Nevada, Page 390 (CHAPTER 272, AB 242)κ
attorney whenever in its judgment the public interests shall require such employment, and the expense thereof shall be allowed and paid in the manner as other claims against the city.
Sec. 2. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 310Ormsby County Delegation
CHAPTER 273
AN ACT concerning certain county offices and to consolidate certain county offices in the county of Ormsby, State of Nevada, fixing salaries and other compensation, and other matters properly relating thereto.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sheriff of Ormsby County, Nevada, as such sheriff, ex officio assessor, and ex officio constable shall receive the sum of three thousand five hundred ninety-four dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for all official services rendered. All fees and commissions due and payable, charged, or received by him as such sheriff, and ex officio assessor and ex officio constable, shall be by him paid into the general fund of Ormsby County. He shall appoint such deputy sheriffs as he may from time to time deem necessary; provided, that the board of county commissioners shall fix the compensation of such deputies, which shall be paid out of the funds of Ormsby County.
Sec. 2. The county clerk of Ormsby County shall be ex officio county treasurer in and for said county and as such county clerk and ex officio county treasurer shall receive the sum of two thousand nine hundred fifty-five dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as county clerk and ex officio county treasurer. All fees and commissions due and payable, charged, or received by him as county clerk and ex officio county treasurer, shall be by him paid into the general fund of Ormsby County.
Sec. 3. The recorder of Ormsby County, Nevada, shall be ex officio auditor and ex officio public administrator in and for said county, and as such recorder and ex officio auditor shall receive the sum of two thousand nine hundred fifty-five dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as recorder and ex officio auditor. All fees and commissions due and payable, charged, or received by him as such recorder and ex officio auditor, shall be by him paid into the general fund of Ormsby County. Said recorder, as ex officio public administrator of Ormsby County, shall be entitled to retain for his own use and benefit all fees and commissions received by him by reason of being public administrator and which are not a charge against said county.
κ1951 Statutes of Nevada, Page 391 (CHAPTER 273, AB 310)κ
to retain for his own use and benefit all fees and commissions received by him by reason of being public administrator and which are not a charge against said county.
Sec. 4. The district attorney of Ormsby County, Nevada, shall receive the sum of two thousand five hundred fifty-six dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as district attorney. All fees and commissions due and payable, charged, or received by him as such officer, shall be by him paid into the general fund of Ormsby County.
Sec. 5. The county commissioners of Ormsby County, Nevada, shall each receive the sum of three hundred dollars per annum, payable monthly, out of the funds of Ormsby County; provided, that on and after the first Monday in January 1947, each of the said county commissioners of Ormsby County, Nevada, shall receive the sum of four hundred eighty dollars per annum, payable monthly, out of the funds of Ormsby County.
Sec. 6. All acts and parts of acts in conflict with the provisions of this act, and in particular that certain act entitled An act concerning certain county offices and to consolidate certain county offices in the county of Ormsby, State of Nevada, fixing salaries and other compensation, and other matters properly relating thereto, approved March 14, 1945, as amended by chapter 84, 1947 Statutes of Nevada, and chapter 179, 1949 Statutes of Nevada, are hereby repealed.
Sec. 7. This act shall be in full force and effect from and after March 15, 1951.
________
Assembly Bill No. 265Committee on Social Welfare
CHAPTER 274
AN ACT to amend an act entitled An act relating to public welfare, creating the state welfare department, defining its powers and duties, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, became a law March 30, 1949.
[Approved March 22, 1951]
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 5146.09, Nevada Compiled Laws, 1943-1949 Supplement, is hereby amended to read as follows:
Section 9. The state welfare director shall serve as the executive officer of the state welfare department, shall administer all activities and services of the department in accordance with the policies, standards, rules, and regulations established by the state welfare board, and shall be held responsible for the management of the department, and shall have the following powers and duties:
κ1951 Statutes of Nevada, Page 392 (CHAPTER 274, AB 265)κ
(1) To sign and execute, in the name of the state, by the state welfare department, any contract or agreement with the federal government or its agencies.
(2) To be responsible for and to supervise the fiscal affairs and responsibilities of the department.
(3) To establish, consolidate, and abolish divisions within the department, and to organize the department so as to comply with the requirements of this act and with the standards required by federal legislation.
(4) To appoint the heads of the divisions of the department, to employ such assistance and employees as may be necessary to the efficient operation of the department in accordance with the provisions of a merit system of personnel management, and to promulgate in connection therewith a classification and compensation plan.
(5) To set standards of service.
(6) To make such reports as will comply with the requirements of federal legislation and with the provisions of this act.
(7) To make reports to the state welfare board, to supply the legislature with material on which to base legislation, and to present the biennial budget of the department to the legislature in conjunction with the state budget officer.
(8) To make an annual report to the governor of the condition, operation, and functioning of the department.
(9) To cooperate with federal and state governments for the more effective attainment of the purposes of this act and to coordinate the activities of the department with other agencies, both public and private, with related or similar activities.
(10) To keep a complete and accurate record of all proceedings, record and file all bonds or contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(11) To inform the public in regard to the activities and operation of the department, and to give other information which will acquaint the public with welfare problems.
(12) To conduct studies into the causes of the social problems with which the department is concerned.
(13) To provide leadership in the community in order that all welfare activities shall be pointed toward the single goal of improving the public welfare.
(14) To invoke any legal, equitable, or special procedures for the enforcement of his orders or the enforcement of the provisions of this act.
(15) To exercise any other powers necessary and proper for the standardization of state work, to expedite business, to assure fair consideration of applications for aid, and to promote the efficiency of the service.
(16) To allocate, with the approval of the state welfare board, in the interest of efficiency and economy, the states appropriation for administration of the separate programs for which the department is responsible and to make rules and regulations, with the approval of the state welfare board, to provide for reimbursement of workers for their necessary expenses in traveling by private or public conveyance, to include travel within city limits of any town or municipality within the State of Nevada, at the rate of seven and one-half cents ($0.07 1/2) per mile if traveled by the workers private conveyance.
κ1951 Statutes of Nevada, Page 393 (CHAPTER 274, AB 265)κ
the state welfare board, to provide for reimbursement of workers for their necessary expenses in traveling by private or public conveyance, to include travel within city limits of any town or municipality within the State of Nevada, at the rate of seven and one-half cents ($0.07 1/2) per mile if traveled by the workers private conveyance.
Sec. 2. This act shall become effective from and after its passage and approval.
________
Assembly Bill No. 326Committee on Ways and Means
CHAPTER 275
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, as amended.
[Approved March 22, 1951]
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, 1929 N. C. L. 1949 Supp., is hereby amended to read as follows:
Section 1. 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 articles of incorporations 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 of the agreement of consolidation:
$25,000 or less......................................................... $25
Over $25,000 and not over $75,000...................... $40
Over $75,000 and not over $200,000.................... $75
Over $200,000 and not over $500,000.................. $100
Over $500,000 and not over $1,000,000............... $150
Over $1,000,000-
(1) For the first $1,000,000............................. $150
(2) For each additional $500,000 or fraction thereof ............................................................... $75
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 herein 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.
κ1951 Statutes of Nevada, Page 394 (CHAPTER 275, AB 326)κ
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 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.
The fee for comparing 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 require 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.
κ1951 Statutes of Nevada, Page 395 (CHAPTER 275, AB 326)κ
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 require 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. 292Committee on Ways and Means
CHAPTER 276
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, as amended.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 50 of the above-entitled act, being section 3035.50, N. C. L. 1943-1949 Supp., is hereby 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 three and one-half ($3.50) dollars for a fishing license, three and one-half ($3.50) dollars for a hunting license, and ($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-five 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, regardless of age, upon the payment of six ($6) dollars for a fishing license, or three and one-half ($3.50) dollars for a five day permit to fish, fifteen ($15) dollars for a hunting license, or ten ($10) dollars for a trappers license.
κ1951 Statutes of Nevada, Page 396 (CHAPTER 276, AB 292)κ
Third-To any 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 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.
Fourth-All sums received from the sale of hunting, fishing, and trappers licenses shall be paid into the state treasury to the credit of the state fish and game fund.
The state board of fish and game commissioners is hereby authorized and empowered to enter into agreements with states adjoining the State of Nevada for management of big-game herds and for reciprocal licensing agreements for fishing in interstate waters.
Sec. 2. Section 51 of the above-entitled act, being section 3035.51, N. C. L. 1943-1949 Supp., is hereby amended to read as follows:
Section 51. Every person 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 no license to hunt or fish shall be required of residents of this state who have not yet attained their 16th birthday unless required for the issuance of game or bird tags as prescribed by the laws of the State of Nevada or by the regulations of the state fish and game commission; provided further, that it shall be unlawful for any child who has not yet attained his fourteenth birthday to hunt any of the wild birds or animals with any firearm, unless such child be accompanied at all times by 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. 3. This act shall be in full force from and after January 1, 1952.
________
Assembly Bill No. 122Messrs. Christensen and Cross
CHAPTER 277
AN ACT to provide a procedure for the establishment of mosquito abatement districts, providing for a governing board thereof, powers and duties of said board, for the declaration of certain areas as a nuisance and abatement thereof; for a lien upon the premises and foreclosure therefor; financing of the activities of said board and its agents; dissolution of said board and all matters properly related thereto.
[Approved March 22, 1951]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. District as used in this chapter, refers to any mosquito abatement district formed pursuant to this chapter or pursuant to any law which it supersedes.
κ1951 Statutes of Nevada, Page 397 (CHAPTER 277, AB 122)κ
Board or district board, as used in this chapter, refers to the board of trustees of a district.
City as used in this chapter, includes a city and county.
Sec. 2. For the purposes of this chapter all unincorporated territory in a proposed district and in one county only shall be regarded as an entirety and as a unit, and each city in a proposed district shall likewise be regarded as a unit.
Sec. 3. Every notice required by this chapter to be published shall be published in a daily, weekly, or semiweekly newspaper; but, if there is no daily, weekly, or semiweekly newspaper published within the district or within a subdivision of the district or other territory in which it is required to be published, the notice shall be posted for the length of time required for its publication in three public places of the district, subdivision, or other territory, as the case may be.
Sec. 4. A mosquito abatement district may be organized and managed as provided in this chapter, and is authorized to exercise the powers expressly granted or necessarily implied by this chapter.
Sec. 5. Any territory in one or more counties, having a population of not less than 100 inhabitants, may be organized as a mosquito abatement district.
Sec. 6. A petition to form a district may consist of any number of separate instruments. It shall be presented at a regular meeting of the board of county commissioners of the county in which the greater portion of the proposed district is located. It shall be signed by owners of real property in each unit of the proposed district, equal in number to at least 10 percent of the total number of owners of real property in each unit as the same may appear from the most recent tax roll.
Before a city can be included in the proposed district, its governing body shall request the inclusion of the city by resolution, duly authenticated.
Sec. 7. The petition shall set forth and describe the boundaries of the proposed district, and shall request that it be organized as a mosquito abatement district. The text of the petition shall be published, for at least two weeks before the time it is to be presented, in the county where the petition is presented, and in each city a portion of which is included in the proposed district.
The text of the petition published shall have attached a notice stating the time of the meeting of the board of county commissioners at which it will be presented.
Sec. 8. If any portion of the proposed district lies in another county, the petition and notice shall be likewise published in that county.
Sec. 9. When contained upon more than one instrument, only one copy of the petition need be published. No more than five of the names attached to the petition need appear in the publication of the petition and notice, but the number of signers shall be stated.
Sec. 10. With the publication of the petition there shall be published a notice of the time of the meeting of the board of county commissioners when the petition will be considered, stating that all persons interested may appear and be heard.
κ1951 Statutes of Nevada, Page 398 (CHAPTER 277, AB 122)κ
Sec. 11. Such districts may also be organized upon the adoption by the board of county commissioners of a resolution of intention so to do, in lieu of the procedure hereinbefore provided for the presentation of petitions. In the event the board of county commissioners adopts a resolution of intention, such resolution shall describe the boundaries of the proposed district and shall set a time and place at which the county commissioners will consider the organization of the district, and shall state that all persons interested may appear and be heard. Such resolution of intention shall be published in the same manner and for the same length of time as a petition.
Sec. 12. At the time stated in the notice of the filing of the petition or the time mentioned in the resolution of intention the board of county commissioners shall consider the organization of the district and hear those appearing and all protests and objections to it. It may adjourn the hearing from time to time, not exceeding two months in all.
Sec. 13. No defect in the contents of the petition or in the title to or form of the notice of signatures, or lack of signatures thereto, shall vitiate any proceedings, if the petition has a sufficient number of qualified signatures.
Sec. 14. On the final hearing the board of county commissioners shall make such changes in the proposed boundaries as are advisable, and shall define and establish the boundaries.
Sec. 15. If the board of county commissioners deems it proper to include any territory not proposed for inclusion within the proposed boundaries, it shall first cause notice of its intention to do so to be mailed to each owner of land in the territory whose name appears as owner on the last completed assessment roll of the county in which the territory lies, addressed to the owner at his address, given on the assessment roll, or if no address is given, to his last known address; or if it is not known, at the county seat of the county in which his land lies. The notice shall describe the territory, and shall fix a time, not less than two weeks from the date of mailing, when all persons interested may appear before the board of county commissioners and be heard.
Sec. 16. The boundaries of a district lying in a city shall not be altered unless the governing board of the city, by resolution, consents to the alteration.
Sec. 17. Upon the hearing of the petition the board of county commissioners shall determine whether or not the public necessity or welfare of the proposed territory and of its inhabitants requires the formation of the district, and shall also determine whether or not the petition complies with the provisions of this chapter, and for that purpose shall hear all competent and relevant testimony offered.
Sec. 18. A finding of the board of county commissioners in favor of the genuineness and sufficiency of the petition and notice is final and conclusive against all persons except the State in a suit commenced by the attorney general.
Sec. 19. If, from the testimony given before the board of county commissioners, it appears to the board that the public necessity or welfare requires the formation of the district, it shall, by an order entered on its minutes, declare that to be its finding, and shall further declare and order that the territory within the boundaries so fixed and determined be organized as a district, under an appropriate name to be selected by the board of county commissioners.
κ1951 Statutes of Nevada, Page 399 (CHAPTER 277, AB 122)κ
welfare requires the formation of the district, it shall, by an order entered on its minutes, declare that to be its finding, and shall further declare and order that the territory within the boundaries so fixed and determined be organized as a district, under an appropriate name to be selected by the board of county commissioners. The name shall contain the words mosquito abatement district.
Sec. 20. The county clerk shall immediately file for record in the office of the county recorder of each county in which any portion of the land embraced in the district is situated, and shall also forward to each board of county commissioners of each of the other counties, if any, in which any portion of the district is situated, and also shall file with the secretary of state a certified copy of the order of the board of county commissioners. From and after the date of the filing of the certified copy with the secretary of state, the district named therein is organized as a district, with all the rights, privileges, and powers set forth in this chapter, or necessarily incident thereto.
Sec. 21. If at any time after the board of county commissioners has entered its order for organization good cause appears therefor, the district board may, by a two-thirds vote of its members, adopt a resolution reciting the facts, declaring the advisability for a change of the districts name, and setting forth therein a new name for the district. A certified copy of such resolution shall be transmitted to the board of county commissioners of the county in which the district, or the greater portion of the land of the district, is situated.
Sec. 22. Upon receipt of the certified copy of the resolution the board of county commissioners shall:
(a) Enter an order changing the districts name to the name set forth in the resolution.
(b) Transmit a certified copy of the order to the board of county commissioners of any other county in which any portion of the district is situated.
(c) Record a certified copy of the order in the office of the county recorder of each of the counties in which any portion of the district is situated.
(d) File a certified copy of the order in the office of the secretary of state.
From and after the date of the filing of the certified copy with the secretary of state the new name shall be the official name of the district.
Sec. 23. Within 30 days after the filing with the secretary of state of the certified copy of the order of formation, a governing board of trustees for the district shall be appointed. The district board shall be appointed as follows:
(a) If the district is situated in one county only and consists wholly of unincorporated territory, five members shall be appointed by the board of county commissioners of the county.
(b) If the district is situated entirely in one county and includes both incorporated and unincorporated territory one member shall be appointed from the district at large by the board of county commissioners of the county, and one member from each city, the whole or part of which is situated in the district, by the governing body of the city; but if the district board created consists of less than five members, the board of county commissioners shall appoint from the district at large enough additional members to make a board of five members.
κ1951 Statutes of Nevada, Page 400 (CHAPTER 277, AB 122)κ
of which is situated in the district, by the governing body of the city; but if the district board created consists of less than five members, the board of county commissioners shall appoint from the district at large enough additional members to make a board of five members.
(c) If the district is situated in two or more counties and is comprised wholly of unincorporated territory, one member shall be appointed from each county or portion of a county situated in the district by the board of county commissioners; but if the district board created consists of less than five members, the board of county commissioners of the county in which the greater portion of the district is situated shall appoint from the district at large enough additional members to make a board of five members.
(d) If the district is situated in two or more counties and consists of both incorporated and unincorporated territory, one member shall be appointed by the board of county commissioners of each of the counties from that portion of the district lying within its jurisdiction; and one member from each city, a portion of which is situated in the district by the governing body of the city; but if the board created consists of less than five members, the board of county commissioners in which the greater portion of the district is situated shall appoint from the district at large enough additional members to make a board of five members.
(e) At any time after the appointment of the initial district board of trustees the board of county commissioners of any county having territory in whole or in part in a district, may at the written request of the existing district board of trustees, increase or decrease the number of members of the board of trustees representing unincorporated territory in the district; such written request of the district board of trustees shall specify the number of members and the region or regions in the unincorporated territory for which an increase or decrease is requested; provided, however, the district board of trustees shall, under no circumstances, consist of less than five members, nor shall the number of members representing unincorporated territory in the entire district exceed five members.
Sec. 24. The district board shall be called The board of trustees of .......................... mosquito abatement district.
Sec. 25. Each member of the board appointed by the governing body of a city shall be an elector of the city from which he is appointed, and a resident of that portion of the city which is in the district.
Sec. 26. Each member appointed from a county or portion of a county shall be an elector of the county and a resident of that portion of the county which is in the district.
Sec. 27. Each member appointed at large shall be an elector of the district.
Sec. 28. The members of the first board in any district shall classify themselves by lot at their first meeting so that:
(a) If the total membership is an even number, the terms of one-half the members will expire at the end of one year, and the terms