[Rev. 3/1/2019 5:11:25 PM]
κ1953 Statutes of Nevada, Page 201κ
Assembly Bill No. 63Washoe County Delegation.
CHAPTER 169
AN ACT making an appropriation to the city of Reno for street paving and installing curbs and gutters on Alameda avenue between Seventh street and Ninth street in the city of Reno, Washoe county, Nevada, abutting on the property and grounds of the University of Nevada.
[Approved March 21, 1953]
Whereas, The city of Reno, a municipal corporation located in Washoe county, Nevada, is providing for the improvement of certain streets in the city of Reno, by the paving of said streets and installing curbs and gutters, which said improvements include that portion of Alameda avenue between Seventh street and Ninth street, in said city of Reno, abutting upon the property of the University of Nevada, and intends to pay for said improvement by special assessments against the property fronting or abutting on said streets; and
Whereas, Under said improvement program the following improvements will be chargeable against the property of the University of Nevada, to-wit:
Special assessment roll 1952 paving and installing curbs and gutters program:
West side of Alameda Avenue between Seventh Street and Ninth Street, 21,086 square feet paving at 26 cents per square foot............................... $5,482.36
811 linear feet 2′6ʺ standard curb and gutter at $1.76 per linear foot.. 1,427.36
Total assessment, 1952 program.............................................................. $6,909.72
now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $6,909.72 is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, for the payment of paving and installing curbs and gutters outlined in the preamble hereto, and the state controller is hereby authorized and directed to draw his warrant in favor of the city of Reno for a sum not to exceed $6,909.72, and the state treasurer is hereby authorized and directed to pay the same upon the presentation of a duly authorized claim for said improvements presented by the city council of the city of Reno and duly approved by the board of regents of the University of Nevada and by the state board of examiners.
Sec. 2. This act shall become effective upon passage and approval.
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κ1953 Statutes of Nevada, Page 202κ
Assembly Bill No. 405Committee on Ways and Means.
CHAPTER 170
AN ACT transferring $5,000 from the State of Nevada scholarship fund to the general fund.
[Approved March 21, 1953]
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 $5,000 from the State of Nevada scholarship fund to the general fund.
Sec. 2. This act shall become effective on passage and approval.
________
Assembly Bill No. 404Committee on Ways and Means.
CHAPTER 171
AN ACT transferring $1,500 from the hydrographic survey fund to the general fund.
[Approved March 21, 1953]
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 $1,500 from the hydrographic survey fund to the general fund.
Sec. 2. This act shall become effective on passage and approval.
________
Assembly Bill No. 393Elko County Delegation.
CHAPTER 172
AN ACT to amend an act entitled, An act authorizing and directing the boards of county commissioners of the State of Nevada to fix the salary or compensation of township officers, and repealing all acts or parts of acts in conflict therewith, approved February 21, 1929.
[Approved March 21, 1953]
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 2201, N.C.L. 1929, is hereby amended to read as follows:
Section 1. It is hereby made the mandatory duty of the several boards of county commissioners of each county of this state, at the regular meeting in July of any year in which an election of township officers is held, to fix the minimum compensation of the several township officers within their respective townships for the ensuing term, either by stated salaries, payable monthly, or by fees, as provided by law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.
κ1953 Statutes of Nevada, Page 203 (CHAPTER 172, AB 393)κ
law, or both, and they may thereafter increase or change such compensation during the term but shall not reduce it below the minimum so established.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 358Committee on State Institutions and Building and Construction.
CHAPTER 173
AN ACT providing for the purchase of certain real property in Washoe county, Nevada; providing the duty of certain state officers; making an appropriation therefor, and other matters properly connected therewith.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state hospital is hereby authorized to purchase, in the name of the State of Nevada, that certain real property located in the county of Washoe, State of Nevada, consisting of approximately 12 acres, with the water rights appurtenant thereto, and described as follows:
All that property owned by Mr. and Mrs. W. E. Roe, adjoining the east boundary of the present state hospital property, exclusive of that portion delineated on the north side of Glendale Road from a point west of the existing gate, approximately 170 feet from the state hospital property, northward approximately 350 feet, then east, parallel with Glendale Road, to the easterly boundary of the property; the excluded section being approximately six or seven acres.
at a purchase price of $800 per acre, the seller to furnish proper description and evidence of good title.
Sec. 2. There is appropriated from the general fund the sum of $10,000 to effectuate the purpose of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 354Mr. Ivers.
CHAPTER 174
AN ACT to amend an act entitled, An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, to make exceptions in certain cases, and other matters properly connected therewith, approved March 21, 1925.
[Approved March 21, 1953]
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 4367, 1929 N.C.L., is hereby amended to read as follows:
Section 18. No vehicle shall at any time be driven to the left side of the roadway under the following conditions:
κ1953 Statutes of Nevada, Page 204 (CHAPTER 174, AB 354)κ
1. When approaching the crest of a grade or upon a curve in the highway where the drivers view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
2. When approaching within 100 feet of or traversing any intersection or railroad grade crossing; and
3. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.
The state highway department is hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadways would be especially hazardous and shall by appropriate signs or markings on the roadway indicate the beginning and end of such zones and, when such signs or markings are in place and clearly visible to an ordinarily observant person, no vehicle shall be operated in violation of the directions thereof.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 289Lyon County Delegation.
CHAPTER 175
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 21, 1953]
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 $4,500 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 empowered to employ a deputy who shall receive as salary an amount set by the board of county commissioners, provided the board of county commissioners shall deem the employment of such a deputy necessary; 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 $4,500 per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature;
κ1953 Statutes of Nevada, Page 205 (CHAPTER 175, AB 289)κ
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 $3,600 per annum, and such other deputies as the board of county commissioners shall deem necessary who shall receive a salary not to exceed $3,600.
Sec. 4. The assessor of Lyon county shall receive a salary of $4,500 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. The assessor of Lyon county may appoint a deputy who shall receive a salary not to exceed $3,600 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 $4,500 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 compensation in an amount not to exceed $3,600 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 $4,500 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 $3,600 per annum.
Sec. 7. The county commissioners of Lyon county, Nevada, shall receive the sum of $1,800 per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed ten cents (10’) per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat.
Sec. 8. All annual salaries herein provided shall be payable semi-monthly 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 period of time as may be necessary and to fix their compensation in an amount not to exceed $10 per day 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.
κ1953 Statutes of Nevada, Page 206 (CHAPTER 175, AB 289)κ
the officers named in this act and for such period of time as may be necessary and to fix their compensation in an amount not to exceed $10 per day for any such assistance; and are also authorized and empowered to fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistants; and to fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; provided, such rate shall not be in excess of ten cents (10’) per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any officer.
Sec. 10. Chapter 177, Statutes of Nevada 1951, 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 January 1, 1955.
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Assembly Bill No. 256Mr. Adams.
CHAPTER 176
AN ACT to amend an act entitled, An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 9950 to 10515, inclusive, 1929 N.C.L., as amended, is hereby amended by adding thereto a new section designated section 326.5 which shall immediately follow section 326, and which shall read as follows:
Section 326.5. Any person who discards or abandons in any place accessible to children, or who has in his possession, any refrigerator, ice box or deep freeze locker, having a capacity of one and one-half cubic feet or more which is no longer in use and which has not had the door removed, is guilty of a misdemeanor. Any owner, lessee or manager who knowingly permits such abandoned or discarded refrigerator, ice box or deep freeze locker to remain on premises under his control without having the door removed, is guilty of a misdemeanor. Guilt of a violation of this section shall not in itself, render one guilty of manslaughter, battery or other crime against a person who may suffer death or injury from entrapment in such refrigerator, ice box or deep freeze locker.
The provisions of this section shall not apply to any vendor or seller of refrigerators, ice boxes or deep freeze lockers, who keeps or stores them for sale purposes, if the vendor or seller takes reasonable precautions to secure effectively the door of any such refrigerator, ice box or deep freeze locker so as to prevent entrance by children small enough to fit therein.
Sec. 2. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 207κ
Assembly Bill No. 77Mr. Hardenbrook.
CHAPTER 177
AN ACT fixing the compensation of the county officers of Storey county, Nevada, and regulating the employment and compensation of deputies and other employees of said offices, and repealing all acts and parts of acts in conflict herewith.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Storey county, Nevada, their deputies and such other employees as are named in this act shall receive the following salaries in full compensation for all service rendered by them.
Sec. 2. The district attorney of Storey county, Nevada, shall receive an annual salary of $3,000 for all his services as such officer. In case of emergency he may, with the unanimous consent of the board of county commissioners, employ deputies and secretaries whose compensation shall be fixed by unanimous vote of the board of county commissioners.
Sec. 3. The sheriff, for services as such and as ex officio assessor, shall receive an annual salary of $3,600. He shall be allowed to appoint one deputy whose salary shall be fixed by the board of county commissioners but such salary shall not exceed $250 per month; provided, that in cases of emergency the sheriff may appoint special deputies for the duration of the emergency, or with the consent and approval of the board of county commissioners additional deputies may be appointed, and said deputies may be paid at the rate of eight dollars per day, but not to exceed $240 per month. He shall pay into the county treasury each month all moneys collected by him for fees without deductions of any nature.
Sec. 4. The county recorder, for services as such and as ex officio auditor, shall receive an annual salary of $3,180. He shall be allowed to appoint one deputy by a majority consent of the board of county commissioners. The deputys salary shall be fixed by the board of county commissioners but such salary shall not exceed $200 per month. The county recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 5. The county clerk, for services as such and as ex officio treasurer, clerk of the district court, and clerk of the board of county commissioners, shall receive an annual salary of $3,480, which shall be in full compensation for all services rendered. He shall be allowed to appoint one deputy whose salary shall be fixed by the board of county commissioners but such salary shall not exceed $215 per month. The clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 6. The county commissioners of Storey county, Nevada, shall each receive an annual salary of $900, which shall be in full compensation for all services whatsoever required of such commissioners.
κ1953 Statutes of Nevada, Page 208 (CHAPTER 177, AB 77)κ
Sec. 7. Other than as provided in section 2 of this act, the employment of extra employees by any officer mentioned in this act must be first approved by the board of county commissioners, and such extra employees shall be compensated at the rate of $1 for each hour of service rendered to the county of Storey.
Sec. 8. No officer shall be allowed any additional compensation for travel within the county of Storey, nor outside the county, except when a necessary trip is made in the interest of the county and in the performance of his official duties and the same shall first be approved by the board of county commissioners, in which event the mileage shall be allowed and paid as provided by chapter 16, Statutes of Nevada 1928, as amended, being section 2207, 1929 N.C.L. 1941 Supp.
Sec. 9. All annual salaries herein provided shall be payable semimonthly in twenty-four equal installments.
Sec. 10. No officer mentioned in this act shall receive any fee or commission or perquisites to his own use for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him, notwithstanding any other law to the contrary.
Sec. 11. That certain act entitled, An act fixing the compensation of the county officers of Storey 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 7, 1947, being chapter 41, Statutes of Nevada 1947, is hereby repealed, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 12. This act shall be effective from and after April 1, 1953.
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Assembly Bill No. 265Committee on Ways and Means.
CHAPTER 178
AN ACT relating to taxation, to supplement the act imposing a tax on sale of cigarettes by imposing a use tax upon the use of cigarettes in this state upon which the cigarette tax has not been paid; to provide the procedure for collection of such tax; to provide for promulgation of rules and regulations by the Nevada tax commission, and other matters properly connected therewith.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby levied and imposed a tax upon the use of cigarettes, as cigarettes are defined by law, used in this state, except such cigarettes upon which Nevada cigarette revenue stamps have been affixed as required by law. The amount of such use tax shall be as follows:
In packages containing 20 cigarettes or less, 3’ per package; in packages containing over 20 and not exceeding 30 cigarettes, 5’ per package; in packages containing over 30 and not exceeding 40 cigarettes, 6’ per package; in packages containing over 40 and not exceeding 50 cigarettes, 7’ per package; and 3’ additional for each 20 cigarettes or fraction thereof contained in any package; however, this use tax shall not apply where tax exemption is provided for in the Nevada cigarette revenue tax law.
κ1953 Statutes of Nevada, Page 209 (CHAPTER 178, AB 265)κ
rettes, 6’ per package; in packages containing over 40 and not exceeding 50 cigarettes, 7’ per package; and 3’ additional for each 20 cigarettes or fraction thereof contained in any package; however, this use tax shall not apply where tax exemption is provided for in the Nevada cigarette revenue tax law.
Sec. 2. Every person, firm, corporation, or association using cigarettes subject to taxation on the use thereof under the provisions of this act shall pay such tax and make report thereof to the cigarette tax division of the Nevada tax commission under such rules and regulations as may be prescribed by said tax commission.
Sec. 3. If the tax provided for in section 1 of this act is not paid within such time as may be limited for payment thereof by the rules and regulations prescribed by the Nevada tax commission, the same shall become delinquent and a penalty of 25% shall be added thereto, together with interest at the rate of 1% per month until paid.
Sec. 4. Any person, firm, corporation, or association, that shall willfully fail, neglect, or refuse to make any report required by this act, or rules and regulations lawfully promulgated hereunder, or shall knowingly make any false statement in any such report, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 90 days for each offense.
Sec. 5. This act shall not apply to common carriers, while engaged in interstate commerce, which sell or furnish cigarettes on their trains, buses or airplanes.
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Senate Bill No. 8Committee on Labor.
CHAPTER 179
AN ACT relating to the equipment of rail track motor cars used or furnished by common carriers by railroad for transporting employees; providing for the extension of necessary time in which to equip said cars; and penalizing those carries who operate or furnish for operation such unequipped cars to their employees for transportation to or from their place or places of labor.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It shall be unlawful for any owner or operator of a railroad running through or within the boundaries of the State of Nevada and engaged in the business of common carrier to operate for or transport its employees in a motor car which is not equipped with a transparent safety glass windshield sufficient in width and height to reasonably protect said employees. Such car shall also be equipped with an electric headlamp of sufficient candle power as to make any obstruction, land mark, warning sign, or grade crossing on such railroad visible at a distance of 300 feet in advance of such car under ordinary atmospheric conditions. Such car shall also be equipped with tow electric lights on the rear end thereof with sufficient candle power as to be visible at a distance of 300 feet under ordinary atmospheric conditions.
κ1953 Statutes of Nevada, Page 210 (CHAPTER 179, SB 8)κ
to be visible at a distance of 300 feet under ordinary atmospheric conditions. Such car shall also be equipped with a suitable device that will remove rain, snow, and sleet from the windshield while the car is moving, and said windshield shall be so devised that the driver or operator of said car can start or stop said windshield wiper while he is driving the car.
Sec. 2. Any owner or operator of a railroad running through or within this state as a common carrier of persons or property or both, for compensation, who either operates for its employees, or who furnishes to its employees for their transportation to or from the place or places where they are required to labor, a rail track motor car that has not been fully equipped as required by this act, shall be fined not less than $100 nor more than $500 for each offense, and each day or part of a day it operates or furnished each of such rail track motor cars not so equipped as provided in this act to its employees for operation to or from the place or places where they are required to work, shall constitute a separate offense; provided, that any common carrier that has not been able to equip its rail track motor cars as required by the provisions of this act, on or before the effective date thereof, may apply to the public service commission for additional time. Upon good cause shown, the public service commission is hereby authorized to grant additional time by order to any owner or operator of a common carrier by railroad, in which to equip such cars, not to exceed one year from the effective date of this act. When such an order has been granted by said public service commission to such carrier, the provisions of this act penalizing rail carriers who do not so equip their cars shall not be applicable during the period granted to them.
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Assembly Bill No. 352Ormsby County Delegation.
CHAPTER 180
AN ACT concerning elected county officers of Ormsby county; fixing the salaries of all county officers in said county; providing for the appointment and salaries of clerks and deputies in said offices; repeals all acts and parts of acts in conflict herewith, and other matters properly relating thereto.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The elective officers of Ormsby county shall receive the following salaries:
Sheriff and ex officio assessor, $3,600 per annum.
District attorney, $2,800 per annum.
County clerk and ex officio treasurer, $3,250 per annum.
County recorder and ex officio auditor, $3,250 per annum.
County commissioners, $900 per annum.
Sec. 2. The salaries hereinbefore set forth in this act shall be in full compensation for all services rendered Ormsby county by each of said officers. All fees and commissions due and payable, charged or received by any county officer shall be by such officer paid into the general fund of Ormsby county, Nevada; provided, however, that any fees received by the county recorder and ex officio auditor as public administrator shall be by that official retained for his own use and benefit.
κ1953 Statutes of Nevada, Page 211 (CHAPTER 180, AB 352)κ
received by any county officer shall be by such officer paid into the general fund of Ormsby county, Nevada; provided, however, that any fees received by the county recorder and ex officio auditor as public administrator shall be by that official retained for his own use and benefit.
Sec. 3. The county officials of Ormsby county may appoint such number of deputies as each shall deem necessary; provided, however, that the compensation of such deputies, if any, must first be set by the board of county commissioners.
Sec. 4. The county officials of Ormsby county may appoint such number of clerks and stenographers as may be allowed by the board of county commissioners and the compensation of said clerks and stenographers shall be fixed by said board of county commissioners.
Sec. 5. All acts and parts of acts in conflict with the provisions of this act, and particularly chapter 273, 1951 Statutes of Nevada, and chapter 173, 1945 Statutes of Nevada, are hereby repealed.
Sec. 6. This act shall be effective from and after April 1, 1953.
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Assembly Bill No. 263Mr. Baldy.
CHAPTER 181
AN ACT to amend an act entitled, An act supplementary to and amendatory of an act entitled, An act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City to determine whether certain county officers shall be ex officio officers of such city, prescribing the duties of the board of city trustees relative thereto, and providing the duties of the ex officio officers and other matters connected therewith, approved March 23, 1951.
[Approved March 21, 1953]
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 amended to read as follows:
Section 2. That notwithstanding any other provision of law and/or of the Carson City charter as it now exists, from and after the first day of July 1951, subject always to the result of the election hereinafter provided, the following Ormsby county officers shall be and become ex officio officers of the incorporated city of Carson City:
(a) The county clerk and ex officio county treasurer shall be ex officio city clerk and city treasurer of said Carson City at a salary of seventy-five ($75) dollars per month.
(b) The county recorder and ex officio county auditor shall be ex officio auditor of said Carson City at a salary of seventy-five ($75) dollars per month.
(c) The county sheriff and ex officio county assessor shall be ex officio city marshal and ex officio assessor of said Carson City at a salary of seventy-five ($75) dollars per month.
(d) The district attorney shall be ex officio city attorney at a salary of one hundred ($100) dollars per month.
κ1953 Statutes of Nevada, Page 212 (CHAPTER 181, AB 263)κ
(e) The justice of the peace of Carson township, county of Ormsby, shall be ex officio city recorder of said Carson City.
(f) In the event that the office of county sheriff and county assessor is hereafter divided, the county sheriff shall be ex officio city marshall, and shall receive a salary of seventy-five ($75) dollars per month.
Sec. 2. Section 5 of the above-entitled act is amended to read as follows:
Section 5. It shall be the duty of the board of trustees of the city of Carson City in the event this act shall become effective and in force, to pay salaries to each ex officio officer as in this act provided.
Such salaries and compensation shall be paid from city funds and shall be in addition to county salaries and compensation paid to such officers for the performance of their official duties for the state and county.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 353Ormsby County Delegation.
CHAPTER 182
AN ACT to amend an act entitled, An act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved March 21, 1953]
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, as amended by section 1 of chapter 86, 1941 Statutes of Nevada, is amended to read as follows:
Section 1. On and after the first Monday in March A.D. one thousand eight hundred and seventy-five, and for the purposes hereinafter mentioned, the inhabitants of that portion of the county of Ormsby, State of Nevada, embraced within the limits hereinafter set forth, shall be a body politic and corporate, by name and style of Carson City, and by that name they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. The boundaries of said Carson City from and after the first day of April 1941 shall be as follows: Beginning at the center of the southeast quarter of section eight, in township number (15) fifteen north, range (20) twenty east, M.D.B. & M., running thence (S 89° 36 1/2′ W, 2,593.65) south eighty-nine degrees, thirty-six and one-half minutes west for two thousand five hundred and ninety-three and sixty-five hundredths feet: thence due north (N 0° 00′) for (1,320.00) thirteen hundred and twenty and no hundredths feet: then (S 89° 37′ W, 371.00 feet) south eighty-nine degrees, thirty-seven minutes west for three hundred seventy-one and no hundredths feet; thence (S 0° 00′, 744.58 feet) south no degrees no minutes for seven hundred forty-four and fifty-eight hundredths feet; thence (S 89° 36 1/2′ W, 439.00 feet) south eighty-nine degrees, thirty-six and one-half minutes west for four hundred thirty-nine and no hundredths feet; thence (S 0° 00′, 575.42 feet) south no degrees and no minutes for five hundred and seventy-five and forty-two hundredths feet; thence (S 89° 36 1/2′ W, 546.20 feet) south eighty-nine degrees, thirty-six and one-half minutes west for five hundred forty-six and twenty-hundredths feet to the west boundary of said section eight; thence south one-fourth of a mile to the south-west corner of said section eight; thence due west on the section line to a point due north of the west line of Elizabeth street; thence due south to the north line of Washington street; thence west along said north line of Washington street to a point two hundred and sixty-two (262.00) feet west of the west boundary line of the east half of the north-east quarter of said section eighteen; thence due south to an intersection with the center of Kings canyon road, as projected west from Carson street; thence east along the center of Kings canyon road as projected to an intersection of the west boundary of Kings canyon subdivision, where the same would intersect Kings canyon road if projected north; thence south along the west boundary of Kings canyon subdivision to the south boundary line of sections 17 and 18, same township and range; thence east along said southern boundary line of sections seventeen and eighteen one mile more or less to a point due south of the place of beginning; thence north one and one-fourth miles to the place of beginning.
κ1953 Statutes of Nevada, Page 213 (CHAPTER 182, AB 353)κ
hundred thirty-nine and no hundredths feet; thence (S 0° 00′, 575.42 feet) south no degrees and no minutes for five hundred and seventy-five and forty-two hundredths feet; thence (S 89° 36 1/2′ W, 546.20 feet) south eighty-nine degrees, thirty-six and one-half minutes west for five hundred forty-six and twenty-hundredths feet to the west boundary of said section eight; thence south one-fourth of a mile to the south-west corner of said section eight; thence due west on the section line to a point due north of the west line of Elizabeth street; thence due south to the north line of Washington street; thence west along said north line of Washington street to a point two hundred and sixty-two (262.00) feet west of the west boundary line of the east half of the north-east quarter of said section eighteen; thence due south to an intersection with the center of Kings canyon road, as projected west from Carson street; thence east along the center of Kings canyon road as projected to an intersection of the west boundary of Kings canyon subdivision, where the same would intersect Kings canyon road if projected north; thence south along the west boundary of Kings canyon subdivision to the south boundary line of sections 17 and 18, same township and range; thence east along said southern boundary line of sections seventeen and eighteen one mile more or less to a point due south of the place of beginning; thence north one and one-fourth miles to the place of beginning.
Territory adjoining and contiguous to the corporate limits of the city of Carson City may be annexed to said city with the tenements, property and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the territory proposed to be annexed first petition the board of trustees of said Carson City to annex said territory, and file with said petition a plat of said territory. The said board of trustees may, as a condition precedent to the passage of such ordinance, impose such conditions as it sees fit. After the passage of the ordinance hereby authorized, the annexed territory shall be a part of said Carson City and subject to all the taxes and laws thereof.
Sec. 2. This act shall become effective on passage and approval.
________
Assembly Bill No. 377Douglas County Delegation.
CHAPTER 183
AN ACT fixing the salaries and compensation of certain officers of Douglas county, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following-named officers of Douglas county, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of $4,000 per annum, and mileage at the rate of five cents (5’) per mile when traveling by private conveyance in the performance of his official duties in the county.
κ1953 Statutes of Nevada, Page 214 (CHAPTER 183, AB 377)κ
at the rate of five cents (5’) per mile when traveling by private conveyance in the performance of his official duties in the county. Said sheriff may, with the consent and approval of the board of county commissioners, appoint one or more deputies, and each deputy shall receive such salary, not to exceed $275 per month, and mileage, as may be fixed by the board of county commissioners. Said salaries shall be in full payment for all services performed by said sheriff and deputies.
Sec. 2. The assessor shall receive the sum of $3,900 per annum. Said salary shall be in full payment for all services now required by law to be performed by the assessor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county, at the rate of five cents (5’) per mile.
Sec. 3. The county clerk and county treasurer shall receive the sum of $4,300 per annum. Said salary shall be in full payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 4. The county recorder and county auditor shall receive the sum of $4,000 per annum. Said salary shall be in full payment of all services now required by law to be performed by the county recorder and county auditor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 5. The district attorney shall receive the sum of $3,000 per annum. Said salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in Douglas county, and also attend to and be the legal advisor for said county.
Sec. 6. All of said salaries shall be paid in twelve monthly installments, on the first of each month and each year.
Sec. 7. The county commissioners of Douglas county shall receive the sum of six hundred sixty dollars ($660) per annum each, payable quarterly on the last day of March, June, September, and December, and mileage at the rate of fifteen cents (15’) per mile in going to the county seat when attending a session of the board.
Sec. 8. All fees and commissions collected by the above-named officers in the performance of their respective duties as such officers shall be paid into the county treasury each month and no salary shall be allowed or paid to an officer for any month unless all such fees and commissions collected by such officer have been paid into the county treasury and an itemized statement of all fees and commissions collected by such officer during such month has been made, certified under oath, and filed by the said officer with the county clerk.
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 on April 1, 1953.
________
κ1953 Statutes of Nevada, Page 215κ
Assembly Bill No. 238Elko County Delegation.
CHAPTER 184
AN ACT to amend an act entitled, An act regulating procedure in juvenile cases; providing for the establishment of detention homes in certain counties; providing juvenile divisions of the district courts of the state; and other matters properly related thereto and repealing all acts in conflict therewith, approved March 15, 1949.
[Approved March 21, 1953]
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 chapter 63, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 22. Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of such child, compensation for the care of such child, when approved by order of the court, shall be a charge upon the county where such child has a legal residence. The court may, notwithstanding any provision made by the law of this state for the support of such children, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay in such manner as the court may direct such sum, within his ability to pay, as will cover in whole or in part the support of such child, and if such parent shall willfully fail or refuse to pay such sum, the court may proceed against him for contempt of court. Whenever the court shall order the parent or parents of a child to pay for the support of a child as herein provided, the same shall be paid to the superintendent, or fiscal officer, of the institution to which the child is committed.
________
Senate Bill No. 202Senator Seevers.
CHAPTER 185
AN ACT to authorize and empower the board of county commissioners, county of Mineral, State of Nevada, to create a Mineral county courthouse construction fund, levy tax therefor and effect transfer of certain county funds in connection therewith.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of constructing a new courthouse in Hawthorne, Mineral county, Nevada, or for altering, constructing and reconstructing the existing Mineral county courthouse, or the purchase and remodeling of a building or buildings to be used in conjunction with the Mineral county courthouse, or for the erecting and constructing of additions to the existing Mineral county courthouse, and for furnishing the same, the county commissioners of Mineral county are hereby authorized and empowered to levy and collect annually a special tax, not exceeding 15 cents on each $100 valuation, upon all the property, both real and personal, subject to taxation, within the boundaries of Mineral county, and to allocate the proceeds to a special fund to be known as Mineral county courthouse construction fund.
κ1953 Statutes of Nevada, Page 216 (CHAPTER 185, SB 202)κ
special tax, not exceeding 15 cents on each $100 valuation, upon all the property, both real and personal, subject to taxation, within the boundaries of Mineral county, and to allocate the proceeds to a special fund to be known as Mineral county courthouse construction fund. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected. No funds collected pursuant to this section shall be expended or obligated prior to April 1, 1955.
Sec. 2. The county commissioners of Mineral county are hereby authorized and directed to order transferred to the Mineral county courthouse construction fund the following fund balances, namely: the general emergency loan fund in the amount of $648.67, the old-age emergency loan fund in the amount of $258.20, the indigent emergency loan fund in the amount of $4,161.22, and the emergency relief fund in the amount of $57.87 (it appearing that said emergency funds, as such, are serving no useful purpose in the fiscal affairs of the county), together with interest on all Mineral county funds on deposit in any bank or banks, or invested in government bonds. The auditor and county treasurer of Mineral county are directed to do all acts necessary to effectuate the purposes of this act.
Sec. 3. In the event of a bond issue for any of the purposes hereinabove set forth the Mineral county commissioners are hereby authorized to transfer any funds accumulated under this act toward the fund created by the bond issue.
Sec. 4. This act shall become effective upon its passage and approval.
________
Senate Bill No. 203Senator Seevers.
CHAPTER 186
AN ACT authorizing the city council of the city of Hawthorne, of Mineral county, Nevada, to issue and sell bonds for the purpose of installing curb and gutter and paving the streets of said city of Hawthorne; providing for the payment thereof and the interest thereon by levy and collection of tax; providing for the duties of certain officers in connection therewith and providing such bonds shall not be issued until approved by a majority of the electors voting thereon at the next city election in said city of Hawthorne, and other matters relating thereto.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The city council of the city of Hawthorne, Mineral county, Nevada, is authorized and empowered to prepare, sell and issue the negotiable coupon bonds of the said city of Hawthorne, Mineral county, Nevada, in an amount not exceeding $150,000, exclusive of interest, for the purpose of installing curb and gutter and paving the streets of said city of Hawthorne. The said bonds shall be known as city of Hawthorne paving bonds.
Sec. 2. Said bonds shall be prepared in denominations of $500 and
κ1953 Statutes of Nevada, Page 217 (CHAPTER 186, SB 203)κ
shall be numbered consecutively. They shall be made payable in lawful money of the United States, and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the mayor of the city of Hawthorne and countersigned by the clerk of the city council of the city of Hawthorne. Said bonds shall bear interest at a rate not to exceed five percent per annum, payable annually on the first Monday in July of each year, commencing with the first Monday of July, 1954. Said bonds shall be redeemed and retired consecutively in the order of their issuance, commencing not later than the first Monday in July, 1955, and annually thereafter on the first Monday in July of each year until the whole of said bonds shall be redeemed and retired. In no case shall any bond run for a longer period than twenty years from the date of issue. Subject to the foregoing provisions contained in this section, the city council of the city of Hawthorne shall fix the various maturities of the bonds issued.
Sec. 3. The said city council is hereby authorized to negotiate the sale of said bonds or such number of them from time to time as the said council may deem necessary, at not less than their par value, to the highest responsible bidder, or by private sales, and may reject any or all bids; provided, however, that none of said bonds shall be sold after two years from the effective date of this act.
Sec. 4. The proceeds from the sale of said bonds shall be placed in a special fund in the treasury of the city of Hawthorne to be known as the city of Hawthorne paving fund, which shall be used only for the purpose of carrying out the provisions of this act. No part of said fund shall ever be transferred to any other fund.
Sec. 5. To provide for the payment of said bonds and the interest thereon, the city council of the city of Hawthorne shall annually cause to be levied and collected annually a tax on the assessed value of all taxable property, both real and personal, subject to taxation within the boundaries of the city of Hawthorne, Mineral county, Nevada, sufficient to pay the interest on said bonds and to pay and retire said bonds in consecutive order as the same become due until all of said bonds and the interest thereon shall have been paid and retired. Such annual tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected, and the proceeds thereof shall be kept in a fund in the treasury of the city of Hawthorne known as the city of Hawthorne paving bond redemption fund, and all moneys collected from the taxes provided for by this section shall be paid into said fund. No part of said fund shall be used for any purpose other than paying interest and redeeming the bonds provided for in this act.
Sec. 6. The bonds provided for by this act, and the interest thereon, shall constitute a lien upon all of the taxable property within the boundaries of the city of Hawthorne, Mineral county, Nevada.
Sec. 7. Whenever the treasurer of the city of Hawthorne shall pay and redeem any of the bonds issued under the provisions of this act he shall cancel the same by writing across the face thereof paid together with the date of such payment, and deposit the same with the clerk of the city of Hawthorne.
κ1953 Statutes of Nevada, Page 218 (CHAPTER 186, SB 203)κ
shall cancel the same by writing across the face thereof paid together with the date of such payment, and deposit the same with the clerk of the city of Hawthorne. Such cancelled bonds shall be deposited in the records of the city of Hawthorne, and a record of such cancellation and deposit shall be made in the minutes of the city council.
Sec. 8. No interest shall accrue on said bonds, or any of them, after they become due and payable.
Sec. 9. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation hereunder imposed by omitted, until all of the bonds and interest coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act provided.
Sec. 10. At the next regular city election of the city of Hawthorne, to be held May 5, 1953, the following question shall be submitted to the electors of said city of Hawthorne:
Shall the bonds for installing curb and gutter and paving the streets of Hawthorne, in the amount of $150,000, authorized by chapter .. .(inserting such blank space the chapter number of this act), 1953 Statutes of Nevada, be adopted?
When the returns of such election have been ascertained and certified, if the majority of the electors voting shall have voted yes, the bonds authorized by this act may be immediately issued. If the majority of the electors voting shall have voted no, this act shall cease to be of any effect whatsoever and the bonds authorized hereby shall not be issued.
Sec. 11. This act shall be effective on passage and approval.
________
Assembly Bill No. 361Miss Frazier.
CHAPTER 187
AN ACT to amend an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 43 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 43. But One School, When. In any neighborhood or community containing not more than twenty (20) resident children of school age, in which a schoolhouse may be located so that the most distant such school child resides not to exceed three (3) miles therefrom, but one school district shall be created or shall exist, and in a neighborhood or community in which more than one (1) school district is now organized, not in conformity with this school code, such districts shall be consolidated, and it shall be the duty of the board of county commissioners of the county in which said neighborhood or community is located to organize the territory comprised in said districts into one (1) school district.
κ1953 Statutes of Nevada, Page 219 (CHAPTER 187, AB 361)κ
commissioners of the county in which said neighborhood or community is located to organize the territory comprised in said districts into one (1) school district. It shall be the duty of the county auditor and county treasurer of that particular county to place the funds of the several existing districts to the credit of the newly organized district, and the superintendent of public instruction shall appoint the trustees for said district. In any such neighborhood or community no school district shall receive an apportionment of school funds until consolidated as herein provided. The deputy superintendent of public instruction for that educational supervision district shall decide where the school shall be held, and, if school is held in any other place in the district than that so designated by the said deputy superintendent of public instruction, the county auditor shall draw no warrant or warrants upon the funds of the district for the payment of claims for the maintenance of said school.
Sec. 2. Section 265 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 265. Candidates for Trustee, How to File. In school districts having one hundred (100) or more registered electors, as shown on the list provided by the county clerk, each candidate for the office of school trustee, shall, not later than 12 noon of the Saturday immediately preceding the day of election, have his or her name filed with the county clerk of said county, with designation of the term of office for which he or she is a candidate, and no name shall be placed upon the ballot unless filed within the time herein provided. In case of an election in districts having less than one hundred (100) registered electors, as shown on the list provided by the county clerk, each candidate for the office of school trustee shall, not later than the Wednesday immediately before said election, have his or her name filed with the clerk of the school board in the district, with the designation of the term of office for which he or she is candidate, and no name shall be voted on unless filed within the time and in the manner herein provided. A candidate for the office of school trustee shall be a qualified elector of the district in which he or she files.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 350Washoe County Delegation, consisting of the Reno Delegation.
CHAPTER 188
AN ACT to amend an act entitled, An act to incorporate the town of Reno, in Washoe county, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10.65 of article XII of the above-entitled act, as added by chapter 223, Statutes of Nevada 1945, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 220 (CHAPTER 188, AB 350)κ
as added by chapter 223, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 10.65. When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, or area, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage, or benefits, or area and describe or designate the lots and premises, or the locality constituting the district to be assessed by referring by name to the improvement district and by setting forth in full the title and number of the city ordinance creating the district; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises, and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of a person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements, or premises, and shall be collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be determined upon for assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot relative portions of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement. If the assessment is directed to be according to area, the city assessor shall assess upon each lot such relative portion of the whole sum to be levied as the area of such lot shall bear to the area of all the land in the district exclusive of public streets, alleys, and highways.
Sec. 2. Section 10.90 of article XII of the above-entitled act, as added by chapter 223, Statutes of Nevada 1945, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 221 (CHAPTER 188, AB 350)κ
added by chapter 223, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 10.90 The notice provided in section 10.85 may be addressed to the person whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
Notice of Special Assessment
To (insert the name of the person or persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment for the (e.g. for the improvement in that certain improvement district defined in city ordinance number . and as more particularly described by the plats and diagrams thereof on file in the office of the city clerk) is now on file at my office for public inspection. Notice is hereby given that the city council and city assessor of the city of Reno will meet in the council room in said city on (insert the date upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto in writing, with the city clerk at any time before the time set for said hearing.
Dated..............................................................
..................................................................................................... City Clerk.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 340Committee on Livestock.
CHAPTER 189
AN ACT making an appropriation to the state predatory animal and rodent fund for the control of predatory animals and rodents for the biennium ending June 30, 1955.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of $74,000 for the biennium ending June 30, 1955, to the state predatory animal and rodent fund, to be used by the state predatory animal and rodent committee for the control of predatory animals and rodents in cooperation with the fish and wildlife service of the United States department of interior in accordance with the provisions of that certain act entitled, An act to create a predatory animal and rodent control committee; defining its functions and duties; authorizing cooperative agreements; and other matters related thereto, approved March 29, 1949, and being chapter 256, Statutes of Nevada 1949.
________
κ1953 Statutes of Nevada, Page 222κ
Assembly Bill No. 333Committee on Ways and Means.
CHAPTER 190
AN ACT authorizing and directing the state controller to transfer $1,400 from the travel item in the 1951 appropriation for the Nevada school of industry to the general support item in the said appropriation.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of section 37 of chapter 279, Statutes of Nevada 1951, being the act making appropriations for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1952-1953, the state controller of the State of Nevada is hereby authorized and directed to transfer the sum of $1,400 from the travel item in the 1951 appropriation for the Nevada school of industry to the general support item in the said appropriation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 179Mr. Carlson (by request).
CHAPTER 191
AN ACT to amend an act entitled, An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies, approved March 22, 1917, as amended.
[Approved March 21, 1953]
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 3015, N.C.L. 1929, is hereby amended to read as follows:
Section 6. Whenever any board of county commissioners shall be authorized to make any emergency loan, as provided for in the preceding section, they may issue, as evidence thereof, negotiable paper, notes or short-time negotiable bonds. Said evidence of indebtedness shall mature not later than three years from the date of issuance, and shall bear interest at not to exceed eight per cent per annum, and be redeemable at the option of the county at any time when money is available in the emergency tax fund hereinafter provided.
Sec. 2. Section 12 of the above-entitled act, being section 3021, N.C.L. 1929, is hereby amended to read as follows:
Section 12. Whenever any governing board of any city, town, school district, county high school, or high-school district or educational district shall be authorized to make an emergency loan as provided for in this act, they may issue as evidence thereof negotiable notes or short-time negotiable bonds. Said negotiable notes or bonds shall mature not later than three years from the date of issuance, and shall bear interest not to exceed eight per cent per annum and be redeemable at the option of such city, town, school district, county high school, or high-school district or educational district at any time when money is available in the emergency tax fund hereinafter provided.
κ1953 Statutes of Nevada, Page 223 (CHAPTER 191, AB 179)κ
redeemable at the option of such city, town, school district, county high school, or high-school district or educational district at any time when money is available in the emergency tax fund hereinafter provided.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 291Mr. Ryan.
CHAPTER 192
AN ACT authorizing the labor commissioner of Nevada to enter into reciprocal agreements with the labor departments of other states for the collection of wages; authorizing such commissioner to take assignments; providing that the labor commissioner may maintain certain actions in the courts of this state; and other matters properly relating thereto.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The labor commissioner of the State of Nevada is authorized to enter into reciprocal agreements with the labor commissioner, or corresponding agency of any other state, or with the person, board, officer or commission authorized to act for and on behalf of such labor commissioner or corresponding agency, for the collection in such other state of claims or judgments for wages and other demands based upon claims previously assigned to the labor commissioner.
Sec. 2. The labor commissioner may, to the extent provided for by any reciprocal agreement entered into pursuant to section 1 hereof, or by the laws of any other state, maintain actions in the courts of such other state for the collection of such claims for wages, judgments and other demands, and may assign such claims, judgments and demands to the labor commissioner or corresponding agency of such other state for collection, to the extent that the same may be permitted or provided for by the laws of such state or by such reciprocal agreement.
Sec. 3. The labor commissioner may, upon the written request of the labor commissioner or corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act for and on behalf of such labor commission or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages, judgments and demands arising in such other state in the same manner and to the same extent that such actions by the labor commissioner are authorized when arising in this state; provided, however, that such actions may be commenced and maintained only in those cases where such other state, by appropriate legislation or by reciprocal agreement, extends a like comity to cases arising in this state.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 224κ
Assembly Bill No. 369Mineral County Delegation.
CHAPTER 193
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 21, 1953]
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, $4,200.
Undersheriff, $3,600.
Assessor, $4,200.
Deputy assessor, $3,300.
Auditor and recorder, $4,200.
Deputy auditor and recorder, $3,300.
County clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners, $4,200.
Deputy clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners, $3,300.
District attorney, $3,600.
Stenographer, $3,000.
Mineral county commissioners, $1,500.
Extra help, not to exceed, $10 per day.
Additional deputy sheriff, not to exceed, $10 per day.
In the event that any deputy assessor, auditor, or clerk shall not have served as such for the full period of one year, the salary enumerated above shall not be paid until after one full year, but such deputy shall receive a salary of $3,000.
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, 1955.
________
κ1953 Statutes of Nevada, Page 225κ
Assembly Bill No. 160Mr. Ryan.
CHAPTER 194
AN ACT to amend an act entitled, An act regulating the hours of service, providing for a day of rest and recreation, and fixing the minimum compensation therefor of females employed in private employment in this state, and providing certain exceptions thereto; providing the mode of payment of the compensation of such female and providing compensation for female employees reporting for duty but not permitted to enter upon such duties; providing for special uniforms for female employees; defining the duties of certain persons in relation hereto; prescribing penalties for the violations thereof, and other matters properly relating hereto, approved March 29, 1937, as amended.
[Approved March 21, 1953]
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 2825.41, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 1. That will respect to the employment of females in private employment in this state it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor. The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed eight (8) in any one day, and six (6) days in any calendar week, so as to provide a day of rest and recreation in each calendar week are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare. The policy of this state is hereby declared to be that eight (8) hours in any one thirteen (13) hour period and not more than forty-eight (48) hours in any one calendar week, and not more than six (6) days in any calendar week is the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions in emergencies, and that no less than at the rate of seventy-five (75’) cents for one hour or six ($6) dollars for one day of eight (8) hours or thirty-six ($36) dollars for one week of six (6) days of eight (8) hours each shall be paid such female workers in this state.
Sec. 2. Section 2 of the above-entitled act, being section 2825.42, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 2. It shall be unlawful for any person, firm, association, or corporation, or any agent, servant, employee, or officer of any such firm, association, or corporation employing females in any kind of work, labor, or service in this state, except as hereinafter provided, to employ, cause to be employed, or permit to be employed any female for a longer period of time than eight hours in any thirteen-hour period, or more than forty-eight hours in any calendar week or more than six day in any calendar week; provided, that in the event of the illness of the employer or other employees, or a temporary increase of the business of the employer which could not by reasonable diligence be foreseen, to the extent that a greater number of female employees would be required than normally if the regularly employed females were relieved from duty at the expiration of the eight-hour period, and no additional persons are then and there available or can be obtained with reasonable certainty who are capable of performing the duties required of the regularly employed females of any such employer, the regularly employed females may then be required and permitted to work and labor an additional period of time in a twenty-four-hour period, but not to exceed twelve hours in said period, and in no event shall such females be required or permitted to be employed more than fifty-six hours in any one week of seven days; provided further that as to all hours the female shall be required or permitted to work, labor, or serve over and above eight hours in any thirteen-hour period, or forty-eight hours in any one week, such females shall be paid time and one half for each said additional hour; computed on their regular wage rates.
κ1953 Statutes of Nevada, Page 226 (CHAPTER 194, AB 160)κ
females were relieved from duty at the expiration of the eight-hour period, and no additional persons are then and there available or can be obtained with reasonable certainty who are capable of performing the duties required of the regularly employed females of any such employer, the regularly employed females may then be required and permitted to work and labor an additional period of time in a twenty-four-hour period, but not to exceed twelve hours in said period, and in no event shall such females be required or permitted to be employed more than fifty-six hours in any one week of seven days; provided further that as to all hours the female shall be required or permitted to work, labor, or serve over and above eight hours in any thirteen-hour period, or forty-eight hours in any one week, such females shall be paid time and one half for each said additional hour; computed on their regular wage rates.
Sec. 3. Section 3 of the above-entitled act, being section 2825.43, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 3. It shall be unlawful for any person, firm, association, or corporation or any agent, servant, employee, officer of any such firm, association, or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female at or for a lesser wage than seventy-five cents (75’) per hour or six ($6) dollars for one day of eight hours or thirty-six ($36) dollars for one week of six days of eight hours each; provided, all females employed to work, labor, or serve a lesser number of hours than eight in any one day or a lesser number of days than six in any one week, if the wages are computed upon a weekly basis, shall be paid therefor her wages computed upon the full daily or weekly rate then and there paid for such work, labor, or service, and in no event shall such computation be so made as to cause any reduction of such daily or weekly rate or any reduction of the minimum daily or weekly wage fixed in this act as applied to such lesser number of hours or days so employed; provided, that during a probationary period of not to exceed three consecutive months the employer, and his or her employee or employees, may stipulate that the provisions of this section which provide a wage of seventy-five cents (75’) per hour or six ($6) dollars or more for one day of eight hours or less, or thirty-six ($36) dollars or more for one week of forty-eight hours or less, shall not apply, but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees not less than five ($5) dollars for one day of not more than eight hours, or thirty ($30) dollars for one week of six days of not more than eight hours each, and all other provisions of this act shall in all other respects govern hours and wages of female employees during said stipulated probationary period; and provided further, that at the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during said probationary period; provided, that if any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to said female by said second employer is of a similar nature to that certified to by the former employer of said female of which said employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon said employer to show the contrary; provided further, that the fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named herein, shall not relieve said employer at the close of the period of service of said employee of three months of service from the obligation to deliver to said female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to said employee, as well as to future prospective employers.
κ1953 Statutes of Nevada, Page 227 (CHAPTER 194, AB 160)κ
had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to said female by said second employer is of a similar nature to that certified to by the former employer of said female of which said employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon said employer to show the contrary; provided further, that the fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named herein, shall not relieve said employer at the close of the period of service of said employee of three months of service from the obligation to deliver to said female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to said employee, as well as to future prospective employers.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 169Committee on Finance.
CHAPTER 195
AN ACT appropriating the sum of $813.23 as an additional and supplemental appropriation for legislative bill drafting for the biennium ending June 30, 1953.
[Approved March 21, 1953]
Whereas, By the provisions of section 5 of chapter 19, Statutes of Nevada 1953, there was transferred to the commission for revision and compilation of Nevada laws the balance remaining in the fund appropriated for the attorney general in section 5 of chapter 279, Statutes of Nevada 1951, entitled, legislative bill drafting; and
Whereas, The balance so transferred to the commission for revision and compilation of Nevada laws was $1,369.81; and
Whereas, The heavy demand for bills and resolutions at the present session of the legislature has caused employment of additional legislative bill drafters and stenographers; and
Whereas, There will remain insufficient funds to pay the legislative bill drafters and other employees of the commission to the adjournment of the present session of the legislature; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the biennium ending June 30, 1953, for the use of the commission for revision and compilation of Nevada laws for legislative bill drafting as an additional and supplemental appropriation, the sum of $813.23.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 228κ
Senate Bill No. 116Committee on Education and State University.
CHAPTER 196
AN ACT to amend an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947.
[Approved March 21, 1953]
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, as last amended by chapter 113, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 23. Assistant Superintendents. The superintendent of public instruction shall have power under his hand and seal to appoint two assistant superintendents in his office, the first of whom shall have the same qualifications required of the superintendent of public instruction, and whose duties shall be to assist in the work of the office and do such work as the state board of education or the state superintendent may direct under the laws of the state, and shall have the power to perform all duties now required of the superintendent of public instruction.
The second assistant superintendent shall be a graduate of a four-year accredited college or university; shall have familiarity with the field of education as evidenced by either enough college credits in education, to qualify for a Nevada high school teachers certificate, or participation in recognized educational research and study; and shall have familiarity with the general field of public administration and budgeting, as evidenced by either (1) sufficient college credits to quality for a minor in public administration, government management, or business management, or (2) experience in the preparation of governmental budgets, governmental accounting, or government research. No person shall be appointed to the position of second assistant superintendent in charge of budget and administration unless he has qualifications as herein outlined in both the areas of education and public administration.
The powers and duties of the assistant superintendent in charge of administration and finance shall be:
1. To perform all duties pursuant to the contract of integration of the teachers retirement system with the public employees retirement system.
2. To apportion all state and county school funds to schools of the state as prescribed by law.
3. To develop a uniform system of budgeting and accounting for schools of the state, which system, when approved by the state superintendent of public instruction and the state board of education, shall be made mandatory for all public schools in the State of Nevada, and shall be enforced by the deputy superintendents of public instruction in each of the supervision districts of the state as provided for in subparagraph 5 of section 26 of the above-entitled act.
κ1953 Statutes of Nevada, Page 229 (CHAPTER 196, SB 116)κ
4. To carry on a continuing study of school finance in Nevada, and particularly of the method by which schools are financed on the state level, and to make such recommendations to the state superintendent of public instruction and the state board of education as he may, from time to time, deem advisable.
5. To recommend to the superintendent of public instruction and the state board of education such changes in budgetary and financial procedures as his studies may show to be advisable.
6. To perform any other such statistical and financial duties as may pertain to the administration and finance of the schools of the state as may from time to time be required by the state superintendent of public instruction.
7. To prepare the budgets of the state department of education for biennial submission to the governor.
8. To employee one secretary at the rate fixed by general law.
Sec. 2. The above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended by adding thereto a new section, designated as section 23.01 which shall immediately follow section 23, and which shall read as follows:
Section 23.01. Compensation of Assistant Superintendents. The salaries of such assistant superintendents shall be fixed by law, and they shall receive subsistence and travel expenses as provided by law. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
________
Assembly Bill No. 82Mr. Coulthard.
CHAPTER 197
AN ACT concerning minors adjudged delinquent, providing for the administration and organization of the Nevada school of industry, repealing an act in conflict herewith, and other matters relating thereto.
[Approved March 21, 1953]
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 within the purview of this act and shall be so construed:
(1) School means the Nevada school of industry, heretofore established and maintained for the care of minors adjudged delinquent and committed thereto.
(2) Board means the school of industry advisory board.
(3) Superintendent means the superintendent of the Nevada school of industry.
Sec. 2. There is hereby created the school of industry advisory board composed of five members appointed by and responsible to the governor, and serving at the pleasure of the governor. No two members shall be residents of the same county. Members of the board shall be selected with special reference to their ability and fitness to effectuate the purposes of this act.
κ1953 Statutes of Nevada, Page 230 (CHAPTER 197, AB 82)κ
be selected with special reference to their ability and fitness to effectuate the purposes of this act.
Sec. 3. The members of the board shall meet at such times and such places as they shall deem necessary; provided, however, that a meeting of the board shall be held at quarterly intervals. At the first meeting subsequent to the appointment of any new member, the board shall elect one of its members as chairman. The board shall prescribe rules and regulations for its own management and government, and it shall have only such powers and duties as may be authorized by law. Three members of the board shall constitute a quorum, and such quorum may exercise all the power and authority conferred on the board.
Sec. 4. The school of industry advisory board shall be an advisory body to the superintendent, and as such shall have the following advisory powers and duties:
(1) To be informed on and interested in the entire field of legislation and administration concerning the care of minors adjudged delinquent.
(2) To advise the superintendent concerning the organization and administration of the school. The superintendent shall report to the board upon all matters concerning the administration of his office, and he shall request the advice and counsel of the board on matters concerning the policy thereof; provided, however, that the superintendent shall be responsible for the conduct and policies of the school and its administrative functions, unless otherwise provided by law.
(3) To report to the governor and legislature on all matters which it may deem pertinent to the school, and concerning any specific matters previously requested by the governor.
(4) To advise and make recommendations to the governor or legislature relative to the policy of the state concerning minors adjudged delinquent.
(5) To advise the superintendent with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this act.
(6) To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this act.
(7) To keep minutes of the transactions of each board meeting, regular or special, which shall be public records and filed with the school.
Sec. 5. For each days attendance at each meeting of the board, the members of the board shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 6. The superintendent of the school shall be appointed by and responsible to the governor, and he shall serve at the pleasure of the governor. He shall reside on the school grounds in quarters to be furnished by the school. Except as otherwise provided by law, his only compensation shall be an annual salary which shall be an amount as provided by law. He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 7. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.
κ1953 Statutes of Nevada, Page 231 (CHAPTER 197, AB 82)κ
pation. He shall be the executive and administrative head of the school, and as such shall have the following powers and duties:
(1) To exercise general supervision of and make and revise rules and regulations for the government of the school.
(2) To make and revise rules and regulations for the preservation of order and the enforcement of discipline.
(3) To be responsible for and to supervise the fiscal affairs and responsibilities of the school, and to purchase such supplies and equipment as may be necessary from time to time.
(4) To make reports to the board, and to supply the legislature with material on which to base legislation.
(5) To keep a complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(6) To invoke any legal, equitable, or special procedures for the enforcement of his orders or the enforcement of the provisions of this act.
(7) To submit a biennial report to the governor and the legislature of the condition, operation, and functioning of the school, and anticipated needs of the school.
Sec. 8. The superintendent shall appoint such teaching, technical, clerical, and operational staff as the execution of his duties, the care of the inmates, and the maintenance and operation of the school may require, said appointments to be made in accordance with the provisions of the state merit and personnel system if such is established.
Sec. 9. The superintendent shall cause a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable, with programs of study given in the elementary and high schools of the state. The superintendent may arrange for industrial training and the teaching of various trades, and he may purchase such supplies and equipment as may be necessary for the teaching of such programs of study. If deemed practicable, inmates of the school may be enrolled for instruction at the Elko county high school, and the superintendent shall provide transportation for such inmates to the high school. The ultimate purpose of all such instruction, training, and industries shall be to qualify inmates for profitable and honorable employment, and to enable them to lead useful lives after their release from the institution.
Sec. 10. Before entering upon the duties of his office, the superintendent 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 $2,000 conditioned for the faithful performance of all duties which may be required of him.
Sec. 11. Surety bonds may be executed for such other school employees and in such amounts as may be prescribed by the superintendent.
Sec. 12. 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 superintendent before they are paid.
κ1953 Statutes of Nevada, Page 232 (CHAPTER 197, AB 82)κ
claims shall be approved by the superintendent before they are paid.
Sec. 13. The superintendent is hereby authorized to accept gifts or bequests of funds or property to the school. Such monetary gifts or bequests shall be deposited in the state treasury in a fund to be known as the school of industry gift fund. The said fund shall be a continuing fund without reversion, and the money in the fund shall be used for school purposes only and expended in accordance with the terms of the gift or bequest. The money in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid.
Sec. 14. The superintendent is hereby authorized to buy and sell hay, grain, produce, livestock, and such other farm supplies and equipment as may be necessary from time to time. Money obtained from the sale of such items shall be deposited in the state treasury in a fund to be known as the school of industry farm contingent fund. The said fund shall be a continuing fund without reversion, and shall be expended for supplies and equipment needed by the school in accordance with the provisions of the state budget act. The money in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid. The superintendent shall keep, or cause to be kept, a record of all transactions pertaining to the fund.
Sec. 15. The superintendent is hereby authorized to accept funds and valuables of inmates for safekeeping pending their discharges, and is hereby directed to deposit such funds in one or more banks of reputable standing. He shall keep, or cause to be kept, a fair and full account of such funds and valuables, and shall submit reports to the board relative to such funds and valuables as may be required from time to time.
Sec. 16. The superintendent may establish an inmates commissary or store, which shall exist for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates shall be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary. The school of industry commissary fund is hereby created, and shall be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent. All money drawn from the said fund shall be repaid wherever possible. The superintendent is hereby directed to deposit the fund in one or more banks of reputable standing, and to maintain a small sum as petty cash at the commissary.
Sec. 17. It shall be lawful for the courts to commit to the school those minor persons whom they have found to be delinquents as provided by law. No person or persons employed, elected, or appointed to any position of honor or profit at the school shall be nominated or appointed as guardian of the person or estate of a person who is or ever has been an inmate of the school; provided, however, that if such person be related by blood to such employee or appointee, this disability shall not apply.
Sec. 18. That certain act of the legislature of the State of Nevada entitled, An act establishing a state institution for delinquent boys, providing for the purchase of a site, erection of buildings, organizing the government of said school, and providing for the maintenance thereof, and creating a tax levy to raise funds for such purposes, approved March 26, 1913, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
κ1953 Statutes of Nevada, Page 233 (CHAPTER 197, AB 82)κ
entitled, An act establishing a state institution for delinquent boys, providing for the purchase of a site, erection of buildings, organizing the government of said school, and providing for the maintenance thereof, and creating a tax levy to raise funds for such purposes, approved March 26, 1913, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 19. This act shall become effective upon passage and approval.
________
Senate Bill No. 194Committee on Mining.
CHAPTER 198
AN ACT to provide for the establishment of dust control programs in milling, crushing, and mineral processing operations in Nevada, and prescribing a penalty for the violation hereof.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In enclosed milling, crushing, or mineral processing operations in Nevada, there shall be a dust control program.
Sec. 2. The management or operators of such plants, after being previously notified, shall obtain and report to the state inspector of mines, at such times as the inspector may designate, analyses of the various dusts in their operations, including the percentage of free silica (SiO2), determined from air-borne samples collected in the vicinity of processing operations and from dust concentrations to which employees are exposed during a normal working shift.
Sec. 3. The permissible concentrations of silica-bearing dusts in any milling, crushing, or mineral processing operation shall be designated within limits as follows:
Million particles
per cubic foot
Description of air
High (above 50% free silica)........................................................................... 5
Medium (5% to 50% free silica)...................................................................... 20
Low (below 5% free silica).............................................................................. 50
Dust particles to be counted shall be in the range from 0.5 to 5 microns largest dimension.
Sec. 4. The state inspector of mines shall have the exclusive jurisdiction to enforce this act and he and his representatives shall be permitted to make visits to milling, crushing, or mineral processing properties at reasonable hours for the purpose of making such inspections or tests as may be necessary to determine compliance with the provisions of this act.
Sec. 5. Failure of the management or operators of any milling, crushing, or mineral processing operation to comply with any provisions of this act shall be a misdemeanor.
Sec. 6. This act shall be effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 234κ
Assembly Bill No. 363Mr. Swackhamer.
CHAPTER 199
AN ACT authorizing and directing the state controller to transfer the sum of $1,000 travel apportionment to operating expense apportionment in the 1951 appropriation for the office of the public service commission.
[Approved March 21, 1953]
Whereas, By the provisions of section 16 of that certain act entitled, An act making an appropriation for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1952-1953, approved March 22, 1951, being chapter 279, Statutes of Nevada 1951, there was appropriated the sum of $50,195 for the support of the public service commission, which appropriated sum was, in part, apportioned in the sum of $4,000 for travel and $7,720 for operating expense; and
Whereas, Because of increased costs and increased volume of required printing from the period beginning July 1, 1951 to the present time there will be insufficient funds to carry out the work of the public service commission for the biennium ending June 30, 1953; and
Whereas, There is an unused balance in the travel apportionment for the public service commission, which sum is more than sufficient for travel purposes during 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. The state controller is hereby authorized and directed to transfer from the travel apportionment to the operating expense apportionment in section 16 of that certain act entitled, An act making an appropriation for the support of the civil government of the State of Nevada for the fiscal years ending June 30, 1952-1953, approved March 22, 1951, being chapter 279, Statutes of Nevada 1951, the sum of $1,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 429Committee on Rules and Legislative Functions.
CHAPTER 200
AN ACT to provide for the allowance of the expenses of the elected or appointed assemblymen and senators of the Nevada State Legislature under certain conditions, and their payment from the legislative fund.
[Approved March 21, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The actual expenses of assemblymen and senators duly elected or appointed, and in attendance at any session of the Nevada State Legislature, shall be allowed in the manner set forth in this act.
κ1953 Statutes of Nevada, Page 235 (CHAPTER 200, AB 429)κ
Sec. 2. If any assemblyman or senator travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the legislature is actually in session, the same mileage allowance made to state officers and employees traveling by private conveyance on state business.
Sec. 3. If the assemblyman or senator does not travel from his home daily, but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed the per diem allowance made to officers and employees of the state for each day he is away from his home and the state legislature is actually in session.
Sec. 4. Claims for expenses made under the provisions of this act shall be made in the same manner as are other claims against the state, and shall be allowed and paid from the legislative fund.
Sec. 5. This act shall be effective upon passage and approval, and claims hereunder are authorized to be allowed for the expenses incurred in attendance at the 46th session of the legislature.
________
Senate Bill No. 160Committee on Judiciary.
CHAPTER 201
AN ACT to amend an act entitled, An act defining the rights of husband and wife, approved March 10, 1873.
[Approved March 23, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 20 of the above-entitled act, being section 3374, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 20. A husband and wife cannot by any contract with each other alter their legal relations except as to property, and except that they may agree to an immediate separation, and may make provision for the support of either of them and of their children during such separation. In the event that a suit for divorce is pending or immediately contemplated by one of the spouses against the other, the validity of such agreement shall not be affected by a provision therein that the agreement is made for the purpose of removing the subject matter thereof from the field of litigation, and that in the event of a divorce being granted to either party, the agreement shall become effective and not otherwise.
If, in any divorce action, a contract executed by a husband and wife, or a copy thereof, be introduced in evidence as an exhibit, and the court shall by decree or judgment ratify or adopt or approve said contract by reference thereto, the said decree or judgment shall have the same force and affect and legal consequences as though said contract were copied into said decree, or attached thereto.
Sec. 2. This act shall become effective upon passage and approval
________
κ1953 Statutes of Nevada, Page 236κ
Senate Bill No. 5Senators Lemaire and Settelmeyer.
CHAPTER 202
AN ACT defining and prohibiting the waste of oil and gas in the state of Nevada; creating the Nevada oil and gas conservation commission; placing the administration and enforcement of this act as a responsibility of the Nevada oil and gas conservation commission; defining powers and duties of the Nevada oil and gas conservation commission with respect to the conservation of oil and gas; providing for the enforcement of this act and the rules, regulations and orders of the Nevada oil and gas conservation commission; providing for the filing and hearing of complaints concerning the waste of oil and gas, and for oaths, subpenas, suits and appeals; providing for a tax on oil and gas produced in this state for the purpose of administering this act; providing penalties for violations thereof, and other matters properly relating thereto.
[Approved March 24, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Waste of Oil and Gas Prohibited. The waste of oil and gas is prohibited in the State of Nevada.
Sec. 2. Definitions of Words and Terms. As used in the act, unless the context otherwise requires:
1. Commission shall mean the Nevada oil and gas conservation commission.
2. Oil shall mean and include crude petroleum oil and other hydrocarbons regardless of gravity which are produced at the wellhead in liquid form and the liquid hydrocarbons known as distillate or condensate recovered or extracted from gas, other than gas produced in association with oil and commonly known as casinghead gas.
3. Gas shall mean and include all natural gas and all hydrocarbons produced at the wellhead not defined herein as oil.
4. Person means and includes any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind, and includes any department, agency or instrumentality of the state or any governmental subdivision thereof. The masculine gender, in referring to a person, includes the feminine and the neuter genders.
5. Owner shall mean and include the person who has the right to drill into and produce from a pool and to appropriate the oil and gas he produces therefrom for himself and others.
6. Producer shall mean and include the owner of a well or wells capable of producing oil or gas or both.
7. Pool shall mean an underground reservoir containing, or appearing to contain, a common accumulation of oil or gas. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term pool as herein used.
8. Field shall mean the general area which is underlain or appears to be underlain by at least one pool; and field shall include the underground reservoir or reservoirs containing oil or gas. The words pool and field mean the same thing when only one underground reservoir is involved; however, field unlike pool may relate to two or more pools.
κ1953 Statutes of Nevada, Page 237 (CHAPTER 202, SB 5)κ
9. The word and includes the word or and the use of the word or includes the word and.
10. The use of the plural includes the singular and the use of the singular includes the plural.
11. Waste shall mean, in addition to its ordinary meaning, physical waste and shall include:
(a) The inefficient, excessive, or improper use of, or unnecessary dissipation of, reservoir energy; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner which results or tends to result in reducing the quantity of oil or gas to be recovered from any pool in this state under operations conducted in accordance with good oil field engineering practices.
(b) The inefficient above-ground storage of oil; and the locating, spacing, drilling, equipping, operating or producing of any oil or gas well in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of oil or gas.
(c) Producing oil or gas in such manner as to cause unnecessary water channeling or coming.
(d) The operation of an oil well with an inefficient gas-oil ratio.
(e) The drowning with water of any pool or part thereof capable of producing oil or gas, except in so far as, and to the extent, authorized by the commission hereunder.
(f) Underground waste.
(g) The creation of unnecessary fire hazards.
(h) The escape into the open air, from a well producing oil or gas, of gas in excess of the amount which is reasonably necessary in the efficient production of the well.
(i) The use of gas for the manufacture of carbon black, except as provided for in this act.
12. Correlative Rights shall mean the opportunity afforded, so far as it is practicable to do so, to the owner of each property in a pool to produce without waste his just and equitable share of the oil or gas, or both, in the pool; being an amount, so far as can be practically determined, and so far as can practicably be obtained without waste, substantially in the proportion that the quantity of recoverable oil or gas, or both, under such property bears to the total recoverable oil or gas, or both, in the pool, and for such purposes to use his just and equitable share of the reservoir energy.
Sec. 3. Creation of Commission; Members; Compensation; Terms of Office; Election of Chairman; Appointment of Secretary; Quorum; Seal; Employees and Legal Counsel.
1. There is hereby created the Nevada oil and gas conservation commission to be composed of the governor, the state engineer and the director of the Nevada bureau of mines. No salary or compensation shall be paid any member of the commission for his services as a member thereof, but the actual and necessary expenses of the members of the commission incurred or expended in the performance of the duties imposed on the commission, shall be paid out of the oil conservation fund hereinafter created. The term of office of each member of the commission shall be concurrent with the office held by him. The commission shall organize by electing a chairman from its membership, and shall appoint a secretary.
κ1953 Statutes of Nevada, Page 238 (CHAPTER 202, SB 5)κ
and shall appoint a secretary. Two members of the commission shall constitute a quorum for all purposes. Two affirmative votes shall be necessary for the adoption or promulgation of any rule, regulation or order of the commission. The commission shall adopt a seal and such seal affixed to any paper signed by the secretary of the commission shall be prima facie evidence of the due execution thereof. Any member or employee of the commission shall have power to administer oaths to witnesses in any hearing, investigation or proceeding contemplated by this act, or by any other law of this state relating to oil and gas.
2. The commission may at any time, when it finds that the public interest will be served thereby, hire such other employees as are found to be necessary to assist the commission in discharge of its respective duties. All employees or assistants authorized by this act shall be paid their necessary traveling and living expenses when traveling on official business at such rates and within such limits as may be fixed by the commission subject to existing law.
3. The attorney general shall be the attorney for the commission; provided, however, that the commission may, in cases of emergency or in special cases, from any funds available to it, retain additional counsel to assist the attorney general.
4. Until such time as oil or gas is produced and marketed in commercial quantities in this state, the director of the Nevada bureau of mines shall serve without pay as the director of the Nevada oil and gas conservation commission.
Sec. 4. Powers of the Commission.
1. The commission has jurisdiction and authority over all persons and property, public and private, necessary to effectuate the purposes and intent of this act.
2. The commission has authority and it is its duty to make investigation to determine whether waste exists or is imminent, or whether other facts exist which justify or require action by it hereunder.
3. The commission shall make rules, regulations and order and shall take other appropriate action to effectuate the purposes of this act.
4. The commission has authority:
(a) To require:
(1) Identification of ownership of wells, producing leases, tanks, plants and drilling structures.
(2) The making and filing of reports, well logs and directional surveys; provided, however, that logs of exploratory or wildcat wells marked confidential shall be kept confidential for 6 months after the filing thereof, unless the owner gives written permission to release such logs at an earlier date.
(3) The drilling, casing and plugging of wells in such a manner as to prevent the escape of oil or gas out of one stratum into another, the intrusion of water into an oil or gas stratum, the pollution of fresh water supplies by oil, gas or salt water, and to prevent blowouts, cavings, seepages and fires.
(4) The furnishings of a reasonable bond with good and sufficient surety conditions for the performance of the duty to plug each dry or abandoned well or the repair of wells causing waste.
κ1953 Statutes of Nevada, Page 239 (CHAPTER 202, SB 5)κ
surety conditions for the performance of the duty to plug each dry or abandoned well or the repair of wells causing waste.
(5) The operation of wells with efficient gas-oil and water-oil ratios, and to fix these ratios.
(6) The gauging or other measuring of oil and gas to determine the quality and quantity thereof.
(7) That every person who produces oil or gas in this state shall keep and maintain for a period of 5 years within this state complete and accurate record of the quantities thereof, which shall be available for examination by the commission or its agents at all reasonable times.
(b) To regulate, for conservation purposes:
(1) The drilling, producing and plugging of wells.
(2) The shooting and chemical treatment of wells.
(3) The spacing of wells.
(4) The disposal of salt water, nonpotable water and oil field wastes.
(5) The contamination or waste of underground water.
(c) To classify wells as oil or gas wells for purposes material to the interpretation or enforcement of this act.
Sec. 5. Permits to Drill Wells Required; Fees. A person desiring to drill a well in search of oil or gas shall notify the commission of such intent on a form prescribed by the commission and shall pay a fee of $50 for a permit for each well. Upon receipt of notification and fee, the commission shall promptly issue such a person a permit to drill, unless the drilling of the well is contrary to law or a rule, regulation or order of the commission. The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this act.
Sec. 6. Establishment of Drilling Units for Pools.
1. For the prevention of waste, to protect and enforce the correlative rights of lessees in a pool, and to avoid the augmenting and accumulation of risks arising from the drilling of an excessive number of wells, or the reduced recovery which might result from too small a number of wells, the commission shall, after a hearing, establish a drilling unit or units for each pool. The establishment of a unit for gas shall be limited to the production of gas.
2. Each well permitted to be drilled on a drilling unit shall be drilled under such rules and regulations and in accordance with such spacing pattern as the commission shall prescribe for the pool in which the well is located. Exceptions to the rules and spacing pattern may be granted where it is shown, after notice and hearing, that the unit is partly outside the pool, or for some other reason, a well so located on the unit would be nonproductive, or topographical conditions are such as to make the drilling at such a location unduly burdensome. In the event an exception is granted, the commission shall take such action as will offset any advantage which the person securing the exception may have over other producers by reason of the drilling of the well as an exception, and so that drainage from developed units to the tract with respect to which the exception is granted will be prevented or minimized, and the producer of the well drilled as an exception will be allowed to produce no more than a just and equitable share of the oil and gas in the pool.
κ1953 Statutes of Nevada, Page 240 (CHAPTER 202, SB 5)κ
exception will be allowed to produce no more than a just and equitable share of the oil and gas in the pool.
3. When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. In the event such persons do not agree to pool their interests, the commission may, for the prevention of waste, for the protection of correlative rights, or to avoid the drilling of unnecessary wells, enter and order pooling and integrating their interests for the development of their lands as a drilling unit. Orders effectuating such pooling shall be made after notice and hearing, and shall be upon terms and conditions which will afford to the owner of each tract the opportunity to recover or receive his just and equitable share of the oil and gas in the pool without unnecessary expense. Operations incident to the drilling of a well upon any portion of a unit covered by a pooling order shall be deemed for all purposes to be the conduct of such operation upon each separately owned tract in the unit by the several lessees thereof. The portion of the production allocated to the lessee of each tract included in a drilling unit formed by a pooling order shall, when produced, be considered as if it has been produced from such tract by a well drilled thereon. In the event such pooling is effectuated, the cost of development and operation of the pooled unit chargeable by the operator to the other interested lessees shall be limited to the actual and reasonable expenditures required for such purpose, including a reasonable charge for supervision. As to lessees who refuse to agree upon pooling, the order shall provide for reimbursement for costs chargeable to each lessee out of, and only out of, production from the unit belonging to such lessee. In the event of a dispute relative to such costs, the commission shall, upon notice to all interested parties and hearing thereon, determine the proper costs. Appeals may be taken from such determination as from any other order of the commission. If one or more of the lessees shall drill and operate, or pay the expense of drilling and operating, the well for the benefit of others, then in addition to any other right conferred by the pooling orders, the lessee or lessees so drilling or operating shall have a lien on the share of production from the unit accruing to the interest of each of the other lessees for the payment of his proportionate share of such expenses. All the oil and gas subject to the lien, or so much thereof as shall be necessary, shall be marketed and sold by the creditor, and the proceeds applied in payment of the expenses secured by such lien, with the balance, if any, payable to the debtor.
4. The commission shall, in all instances where a unit has been formed out of lands or areas of more than one ownership, require the operator, upon request of a lessee, but subject to the right of the operator to market production and collect the proceeds with respect to a lessee in default, as provided in subsection 3 of this section, to deliver to the lessee or his assigns his proportionate share of the production from the well common to the drilling unit. The lessee receiving his share shall provide at his own expense proper receptacles for the receipt and storage thereof.
κ1953 Statutes of Nevada, Page 241 (CHAPTER 202, SB 5)κ
5. In the event the persons owning the drilling or other rights in separate tracts embraced within a drilling unit fail to agree upon the pooling of the tracts and the drilling of a well on the unit, and if the commission is without authority to require pooling as provided by this section, then subject to all other applicable provisions of this act, the lessee of each tract embraced within the drilling unit may drill on his tract, but the allowable production from the tract shall be such proportion of the allowable production for the full drilling unit as the area of such separately owned tract bears to the full drilling unit.
Sec. 7. Unitization and Unitized Operation of Pools; Integration of Interests by Agreement; Creation by Commission.
1. To prevent, or to assist in preventing waste, as prohibited by this act, to insure a greater ultimate recovery of oil and gas, and to protect the correlative rights of persons owning interest in the tracts of land affected, such persons may validly integrate their interests to provide for the unitized management, development, and operation of such tracts of land as a unit. Where, however, such persons have not agreed to so integrate their interests, the commission, upon proper petition, after notice and hearing, as hereinafter provided, shall be vested with jurisdiction, power and authority, and it shall be its duty to make and enforce such orders and do such things as may be necessary or proper to carry out and effectuate the purposes of this section.
2. If upon the filing of a petition therefor and after notice and hearing, all in the form and manner and in accordance with the procedure and requirements hereinafter provided, the commission shall find:
(a) That the unitized management, operation and further development of a pool or portion thereof is reasonably necessary in order to effectively carry on pressure control, pressure-maintenance or repressuring operations, cycling operations, water flooding operations, or any combination thereof, or any other form of joint effort calculated to substantially increase the ultimate recovery of oil and gas from the pool; and
(b) That one or more of the unitized methods of operations as applied to such pool or portion thereof are feasible, will prevent waste and will with reasonable probability result in the increased recovery of substantially more oil and gas from the pool than would otherwise be recovered; and
(c) That the estimated additional cost, if any, of conducting such operations will not exceed the value of the additional oil and gas so recovered; and
(d) That such unitization and adoption of one or more of such unitized methods of operation is for the common good and will result in the general advantage of the owners of the oil and gas rights within the pool or the portion thereof directly affected, it shall make a finding to that effect and make an order creating the unit and providing for the unitization and unitized operation of the pool or portion thereof described in the order, all upon such terms and conditions, as may be shown by the evidence to be fair, reasonable, equitable, and which are necessary or proper to protect, safeguard and adjust the respective rights and obligations of the several persons affected, including royalty owner, owners of overriding royalties, oil and gas payments, carried interests, mortgages, lien claimants and others, as well as the lessees.
κ1953 Statutes of Nevada, Page 242 (CHAPTER 202, SB 5)κ
necessary or proper to protect, safeguard and adjust the respective rights and obligations of the several persons affected, including royalty owner, owners of overriding royalties, oil and gas payments, carried interests, mortgages, lien claimants and others, as well as the lessees. The petition shall set forth a description of the proposed unit area with a map or plat thereof attached, must allege the existence of the facts required to be found by the commission as hereinabove provided and shall have attached thereto a recommended plan of unitization applicable to such proposed unit area and which the petitioner considers to be fair, reasonable and equitable.
3. The order of the commission shall define the area of the pool or portion thereof to be included within the unit area and prescribe with reasonable detail the plan of unitization applicable thereto. Each unit and unit area shall be limited to all or a portion of a single pool. Only so much of a pool as has been defined and determined to be productive of oil and gas by actual drilling operations may be so included within the unit area. A unit may be created to embrace less than the whole of a pool only where it is shown by the evidence that the area to be so included within the unit area is of such size and shape as may be reasonably required for the successful and efficient conduct of the unitized method of operation for which the unit is created, and that the conduct thereof will have no material adverse effect upon the remainder of such pool. The plan of unitization for each such unit and unit area shall be one suited to the needs and requirements of the particular unit dependent upon the facts and conditions found to exist with respect thereto. In addition to such other terms, provisions, conditions and requirements found by the commission to be reasonably necessary or proper to effectuate or accomplish the purpose of this act, and subject to the further requirements hereof, each such plan of unitization shall contain fair, reasonable and equitable provisions for:
(a) The efficient unitized management or control of the further development and operation of the unit area for the recovery of oil and gas from the pool affected. Under such a plan the actual operations within the unit area may be carried on in whole or in part by the unit itself, or by one or more of the lessees within the unit area as the unit operator subject to the supervision and direction of the unit, dependent upon what is most beneficial or expedient. The designation of the unit operator shall be by vote of the lessees in the unit in a manner provided in the plan of unitization and not by the commission.
(b) The division of interest or formula for the apportionment and allocation of the unit production, among and to the several separately-owned tracts within the unit area such as will reasonably permit persons otherwise entitled to share in or benefit by the production from such separately-owned tracts to produce and receive, in lieu thereof, their fair, equitable and reasonable share of the unit production or other benefits thereof. A separately-owned tracts fair, equitable and reasonable share of the unit production shall be measured by the value of each such tract for oil and gas purposes and its contributing value to the unit in relation to like values of other tracts in the unit, taking into account acreage, the quantity of oil and gas recoverable therefrom, location on the structure, its probable productivity of oil and gas in the absence of unit operations, the burden of operation to which the tract will or is likely to be subjected, or so many of said factors, or such other pertinent engineering, geological or operating factors, as may be reasonably susceptible of determination.
κ1953 Statutes of Nevada, Page 243 (CHAPTER 202, SB 5)κ
into account acreage, the quantity of oil and gas recoverable therefrom, location on the structure, its probable productivity of oil and gas in the absence of unit operations, the burden of operation to which the tract will or is likely to be subjected, or so many of said factors, or such other pertinent engineering, geological or operating factors, as may be reasonably susceptible of determination. Unit production as that term is used in this act shall mean and include all oil and gas produced from a unit area from and after the effective date of the order of the commission creating the unit regardless of the well or tract within the unit area from which the same is produced.
(c) The manner in which the unit and the further development and operation of the unit area shall or may be financed and the basis, terms and conditions on which the cost and expense thereof shall be apportioned among and assessed against the tracts and interests made chargeable therewith, including a detailed accounting procedure governing all charges and credits incident to such operations. Upon and subject to such terms and conditions as to time and rate of interest as may be fair to all concerned, reasonable provision shall be made in the plan of unitization for carrying or otherwise financing lessees who are unable to promptly meet their financial obligations in connection with the unit.
(d) The procedure and basis upon which wells, equipment and other properties of the several lessees within the unit area are to be taken over and used for unit operations, including the method of arriving at the compensation therefor, or of otherwise proportionately equalizing or adjusting the investment of the several lessees in the project as of the effective date of unit operation.
(e) The creation of an operating committee to have general over-all management and control of the unit and the conduct of its business and affairs and the operations carried on by it, together with the creation or designation of such other subcommittees, boards or officers to function under the authority of the operating committee as may be necessary, proper or convenient in the efficient management of the unit, defining the powers and duties of all such committees, boards and officers, and prescribing their tenure and time and method for their selection.
(f) The time when the plan of unitization shall become effective.
(g) The time when and the conditions under which and the method by which the unit shall or may be dissolved and its affairs wound up.
4. No order of the commission creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of unitization has been signed or in writing ratified, or approved by the lessees of record of not less than 62.5 percent of the unit area affected thereby and by the owners of record of not less than 62.5 percent (exclusive of royalty interests owned by lessees or by subsidiaries of any lessee) of the normal one-eighth landowners royalty interest in and to the unit area, and the commission has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area.
κ1953 Statutes of Nevada, Page 244 (CHAPTER 202, SB 5)κ
the unit area. Where the plan of unitization has not been so signed, ratified or approved by the lessees and royalty owners owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the commission shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area and shall, in respect to such hearing, make and enter a finding of its determination in such regard. In the event lessees and royalty owners, or either, owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of 6 months from and after the date on which the order creating the unit is made, the order creating the unit shall cease to be of further force and effect and shall be revoked by the commission.
5. Except as otherwise herein expressly provided, all proceedings held under this act, including the filing of petitions, the giving of notices, the conduct of hearings and other action taken by the commission shall be in the form and manner and in accordance with the procedure and procedural requirements provided in section 9, or any amendment thereof with reference to proceedings thereunder. Such additional notice shall be given as may be required by the commission.
6. From and after the effective date of an order of the commission creating a unit and prescribing the plan of unitization applicable thereto, the operation of any well producing from the pool or portion thereof within the unit area defined in the order by persons other than the unit or person acting under its authority or except in the manner and to the extent provided in such plan of unitization shall be unlawful and is hereby prohibited.
7. The obligation or liability of the lessees or other owners of the oil and gas rights in several separately-owned tracts for the payment of unit expense shall at all times be several and not joint or collective and in no event shall a lessee or other owner of the oil and gas rights in the separately-owned tract be chargeable with, obligated or liable, directly or indirectly, for more than the amount apportioned, assessed or otherwise charged to his interest in such separately-owned tract pursuant to the plan of unitization and then only to the extent of the lien provided for in this act.
8. Subject to such reasonable limitations as may be set out in the plan of unitization, the unit shall have a first and prior lien upon the leasehold estate and all other oil and gas rights (exclusive of a one-eighth landowners royalty interest) in and to each separately-owned tract, the interest of the owners thereof in and to the unit production and all equipment in the possession of the unit, to secure the payment of the amount of the unit expense charged to and assessed against such separately-owned tract. The interest of the lessee or other persons who by lease, contract or otherwise are obligated or responsible for the cost and expense of developing and operating a separately-owned tract for oil and gas in the absence of unitization, shall however, be primarily responsible for and charged with any assessment for unit expense made against such tract and resort may be had to overriding royalties, oil and gas payments, royalty interests in excess of one-eighth of the production, or other interests which otherwise are not chargeable with such cost, only in the event the owner of interest primarily responsible fails to pay such assessment of the production to the credit thereof, or production is insufficient for that purpose.
κ1953 Statutes of Nevada, Page 245 (CHAPTER 202, SB 5)κ
primarily responsible for and charged with any assessment for unit expense made against such tract and resort may be had to overriding royalties, oil and gas payments, royalty interests in excess of one-eighth of the production, or other interests which otherwise are not chargeable with such cost, only in the event the owner of interest primarily responsible fails to pay such assessment of the production to the credit thereof, or production is insufficient for that purpose. In the event the owner of any royalty interest, overriding royalty, oil or gas payment, or any other interest which under the plan of unitization is not primarily responsible therefor pays in whole or in part the amount of an assessment for unit expense for the purpose of protecting such interest, or the amount of the assessment in whole or in part is deducted from the unit production to the credit of such interest, the owner thereof shall to the extent of such payment or deduction be subrogated to all the rights of the unit with respect to the interest or interests primarily responsible for such assessment. A one-eighth part of the unit production allocated to each separately-owned tract shall in all events be regarded as royalty to be distributed to and among, or the proceeds thereof paid to, the royalty owners free and clear of all unit expense and free of any lien therefor.
9. Property rights, leases, contracts and all other rights and obligations shall be regarded as amended and modified to the extent necessary to conform to the provisions and requirements of this act and to any valid and applicable plan of unitization or order of the commission made and adopted pursuant hereto, but otherwise to remain in full force and effect.
10. Nothing contained in this act shall be construed to require a transfer to or vesting in the unit of title to the separately-owned tracts or leases thereon within the unit area, other than the right to use and operate the same to the extent set out in the plan of unitization; nor shall the unit be regarded as owning the unit production. The unit production and the proceeds from the sale thereof shall be owned by the several persons to whom the same is allocated under the plan of unitization. All property, whether real or personal, which the unit may in any way acquire, hold or possess, shall not be acquired, held or possessed by the unit for its own account but shall be so acquired, held and possessed by the unit for the account and as agent of the several lessees and shall be the property of such lessees as their interests may appear under the plan of unitization, subject, however, to the right of the unit to the possession, management, use or disposal of the same in the proper conduct of its affairs, and subject to any lien the unit may have thereon to secure the payment of unit expense. Neither the unit production or proceeds from the sale thereof, nor the other receipts shall be treated, be regarded, or taxed as income or profits of the unit; but instead, all such receipts shall be the income of the several persons to whom or to whose credit the same are payable under the plan of unitization. To the extent the unit may receive or disburse said receipts it shall only do so as a common administrative agent of the persons to whom the same are payable.
11. The amount of the unit production allocated to each separatelyowned tract within the unit, and only that amount, regardless of the well or wells in the unit area from which it may be produced and regardless of whether it be more or less than the amount of the production from the well or wells, if any, on any such separately-owned tract, shall for all intents, uses and purposes be regarded and considered as production from such separately-owned tract, and, except as may be otherwise authorized in this act, or in the plan of unitization approved by the commission, shall be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from such separately-owned tract in the same manner, in the same proportions, and upon the same condition that they would have participated and shared in the production or proceeds thereof from such separately-owned tract had not said unit been organized, and with the same legal force and effect.
κ1953 Statutes of Nevada, Page 246 (CHAPTER 202, SB 5)κ
owned tract within the unit, and only that amount, regardless of the well or wells in the unit area from which it may be produced and regardless of whether it be more or less than the amount of the production from the well or wells, if any, on any such separately-owned tract, shall for all intents, uses and purposes be regarded and considered as production from such separately-owned tract, and, except as may be otherwise authorized in this act, or in the plan of unitization approved by the commission, shall be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from such separately-owned tract in the same manner, in the same proportions, and upon the same condition that they would have participated and shared in the production or proceeds thereof from such separately-owned tract had not said unit been organized, and with the same legal force and effect. If adequate provisions are made for the receipt thereof, the share of the unit production allocated to each separately-owned tract shall be delivered in kind to the persons entitled thereto by virtue of ownership of oil and gas rights therein or by purchase from such owners subject to the rights of the unit to withhold and sell the same in payment of unit expense pursuant to the plan of unitization, and subject further to the call of the unit on such portions of the gas for operating purposes as may be provided in the plan of unitization.
12. No agreement or plan for the development and operation of a field or pool of oil or gas as a unit, if approved by the commission for the purpose of conserving oil or gas, shall be held to violate any of the statutes of this state prohibiting monopolies or acts arrangements, agreements, contracts combinations or conspiracies in restraint of trade or commerce.
13. Operations carried on under and in accordance with the plan of unitization shall be regarded and considered as a fulfillment of a compliance with all of the provisions, covenants and conditions, express or implied, of the several oil and gas leases upon lands included with the unit area, or other contracts pertaining to the development thereof insofar as said leases or other contracts may relate to the pool or portion thereof included in the unit area. Wells drilled or operated on any part of the unit area no matter where located shall for all purposes be regarded as wells drilled on each separately-owned tract within such unit area.
14. Nothing herein or in any plan of unitization shall be construed as increasing or decreasing the implied covenants of a lease in respect to a common source of supply or lands included within the unit area of a unit.
15. The unit area of a unit may be enlarged to include adjoining portions of the same pool, including the unit area of another unit, and a new unit created for the unitized management, operation and further development of such enlarged unit area, or the plan of unitization may be otherwise amended, all in the same manner, upon the same conditions and subject to the same limitations as herein provided with respect to the creation of a unit in the first instance; except that where the amendment to the plan of unitization relates only to the rights and obligations as between lessees the requirement that the same be signed, ratified and approved by royalty owners of record of not less than 62.5 percent of the unit area shall have no application.
κ1953 Statutes of Nevada, Page 247 (CHAPTER 202, SB 5)κ
same be signed, ratified and approved by royalty owners of record of not less than 62.5 percent of the unit area shall have no application.
Sec. 8. Use of Gas From Well to Manufacture Carbon Products Without Permit is Prima Facie Waste. The use of gas from a well producing gas only, or from a well which is primarily a gas well, for the manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie, and such gas well shall not be used for any such purpose unless it is clearly shown at a public hearing to be held by the commission, on application of the person desiring to use such gas, that waste would not take place by the use of such gas for the purpose or purposes applied for, and that gas which would otherwise be lost is now available for such purpose or purposes, and that the gas to be used can not be used for a more beneficial purpose, such as for light or fuel purposes, except at prohibitive cost, and that it would be in the public interest to grant such permit. If the commission finds that the applicant has clearly shown a right to use such gas for the purpose or purposes applied for, it shall issue a permit upon such terms and conditions as may be found necessary in order to permit the use of the gas and at the same time require compliance with the intent of this section.
Sec. 9. Rules and Regulations of Commission; Notice; Hearing and Entry of Order.
1. The commission shall prescribe rules and regulations governing practice and procedure before the commission.
2. No rule, regulation or order, or amendment thereof, except in an emergency, shall be made by the commission without a public hearing upon at least 10 days notice. The public hearing shall be held at such time and place as may be prescribed by the commission, and any interested person shall be entitled to be heard.
3. When an emergency requiring immediate action is found to exist, the commission is authorized to use an emergency order without notice or hearing, which shall be effective upon promulgation. No emergency order shall remain effective for more than 15 days.
4. Any notice required by this act shall be given by personal service on all interested persons; and in the event such personal service cannot be made, then substituted service may be made in the manner provided for substitute service of process under the Nevada rules of civil procedure. The notice shall issue in the name of the state, shall be signed by the commission, and shall specify the style and number of the proceeding, the time and place of the hearing, and shall briefly state the purpose of the proceeding.
5. All rules, regulations and orders issued by the commission shall be in writing, shall be entered in full and indexed in books to be kept by the commission for that purpose, and shall be public records open for inspection at all times during reasonable office hours. A copy of any rule, regulation or order certified by the commission, under its seal, shall be received in evidence in all courts of this state with the same effect as the original.
6. The commission may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the commission, the commission shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given.
κ1953 Statutes of Nevada, Page 248 (CHAPTER 202, SB 5)κ
shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the petition. The commission shall enter its order within 30 days after the hearing.
Sec. 10. Attendance and Testimony of Witnesses; Production of Books and Records; Punishment for Contempts.
1. The commission shall have power to summon witnesses, to administer oaths, and to require the production of records, books and documents for examination at any hearing or investigation conducted by it. No person shall be excused from attending and testifying, or from producing, books, papers and records before the commission or a court, or from obedience to the subpena of the commission or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; provided, that nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry not pertinent to some question lawfully before such commission or court for determination. No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which, in spite of his objection, he may be required to testify or produce evidence, documentary or otherwise, before the commission or court, or in obedience to its subpena; provided that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.
2. In case of failure or refusal on the part of any person to comply with the subpena issued by the commission, or in case of the refusal of any witness to testify as to any matter regarding which he may be interrogated, any court of record in the state, upon application of the commission, may issue an attachment for such person and compel him to comply with such subpena, and to attend before the commission and produce such records, books and documents for examination, and to give his testimony. Such court shall have the power to punish for contempt as in the case of disobedience to a like subpena issued by the court, or for refusal to testify therein.
Sec. 11. Rehearings and Appeals; Suspension of Commission Order.
1. Within 20 days after written notice of the entry of any order or decision of the commission, or such further time as the commission may grant for good cause shown, any person affected thereby may file with the commission an application for the rehearing in respect of any matter determined by such order or decision, setting forth the respect in which such order or decision is believed to be erroneous. The commission shall grant or refuse any such application in whole or in part within 10 days after the same is filed, and failure to act thereon within such period is deemed a refusal thereof and a final disposition of such application. In the event the rehearing is granted, the commission may enter such new order or decision after rehearing as may be required under the circumstances.
2. Any party to such rehearing proceeding, dissatisfied with the disposition of the application for rehearing, may appeal therefrom to the district court of the county wherein is located any property affected by the decision of the commission, by filing a petition for the review of the action of the commission within 20 days after the entry of the order following rehearing or after the refusal of rehearing as the case may be.
κ1953 Statutes of Nevada, Page 249 (CHAPTER 202, SB 5)κ
the district court of the county wherein is located any property affected by the decision of the commission, by filing a petition for the review of the action of the commission within 20 days after the entry of the order following rehearing or after the refusal of rehearing as the case may be. Such petition shall state briefly the nature of the proceedings before the commission and shall set forth the order or decision of the commission complained of and the grounds of invalidity thereof upon which the applicant will rely; provided, however, that the questions reviewed on such appeal shall be only questions presented to the commission by the application for rehearing. Notice of such appeal shall be served upon the adverse party or parties and the commission in the manner provided for the service of summons in civil proceedings. The trial upon appeal shall be without a jury, and the transcript of proceedings before the commission, including the evidence taken in hearings by the commission, shall be received in evidence by the court in whole or in part upon offer by either party, subject to legal objections to evidence, in the same manner as if such evidence was originally offered in the district court. The commissions action complained of shall be prima facie valid and the burden shall be placed upon the party or parties seeking review to establish the invalidity of such action of the commission. The court shall determine the issues of fact and of law and shall, upon a preponderance of the evidence introduced before the court, which may include evidence in addition to the transcript of proceedings before the commission, and the law applicable thereto, enter its order either affirming or vacating the order of the commission. Appeals may be taken from the judgment or decision of the district court to the supreme court in the same manner as provided for appeals from any other final judgment entered by a district court in this state.
3. The pendency of proceedings to review shall not of itself stay or suspend operation of the order or decision being reviewed, but during the pendency of such proceedings, the district court in its discretion may, upon its own motion or upon proper application of any party thereto, stay or suspend, in whole or in part, operation of the order or decision pending review thereof, on such terms as the court deems just and proper and in accordance with the Nevada rules of civil procedure; provided, that the court, as a condition to any such staying or suspension of operation of any order or decision, may require that one or more parties secure, in such form and amount as the court may deem just and proper, one or more other parties against loss or damage due to the staying or suspension of the commissions order or decision, in the event that the action of the commission shall be affirmed.
4. The applicable rules of practice and procedure in civil cases for the courts of this state shall govern the proceedings for review, and any appeal therefrom to the supreme court, to the extent such rules are consistent with provisions of this act.
Sec. 12. Penalties.
1. Any person who willfully violates any provision of this act, or any rule, regulation or order of the commission shall be subject to a penalty of not more than $1,000 for each act of violation and for each day that such violation continues, unless the penalty for such violation is otherwise provided for and made exclusive in this act.
κ1953 Statutes of Nevada, Page 250 (CHAPTER 202, SB 5)κ
2. If any person, for the purpose of evading this act, or any rule, regulation or order of the commission, shall make or cause to be made any false entry in any record, account or memorandum required by this act, or by any such rule, regulation or order, or shall omit, or cause to be omitted, from any such record, account or memorandum, full, true, and correct entries as required by this act, or by any such rule, regulation or order, or shall remove from this state or destroy, mutilate, alter or falsify any such record, account or memorandum, such person shall be guilty of a misdemeanor and, upon conviction thereof shall be punished by a fine not exceeding $5,000, or imprisonment in the county jail for any term not exceeding 6 months, or by both such fine and imprisonment.
3. Any person knowingly aiding or abetting any other person in the violation of any provision of this act, or any rule, regulation or order of the commission shall be subject to the same penalty as that prescribed by this act for the violation by such other person.
4. The penalties provided in this section shall be recoverable by suit filed by the attorney general in the name and on behalf of the commission in the district court of the county in which the defendant resides or in which any defendant resides, if there be more than one defendant, or in the district court of any county in which the violation occurred. The payment of any such penalty shall not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of such violation.
Sec. 13. Injunctive Relief.
1. Whenever it appears that any person is violating or threatening to violate any provision of this act, or any rule, regulation or order of the commission, the commission shall bring suit against such person in the district court of any county where the violation occurs or is threatened, to restrain such person from continuing such violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to such person may be directed to the sheriff of any county in this state for service by such sheriff or his deputies. In any such suit, the court shall have jurisdiction to grant to the commission, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts may warrant.
2. If the commission shall fail to bring suit to enjoin a violation or threatened violation of any provision of this act, or any rule, regulation or order of the commission within 10 days after receipt of written request to do so by any person who is or will be adversely affected by such violation, the person making such request may bring suit in his own behalf to restrain such violation or threatened violation in any court in which the commission might have brought suit. If, in such suit, the court should hold that injunctive relief should be granted, then the commission shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the commission had at all times been the plaintiff.
Sec. 14. Application of Act; Lands Subject to United States Jurisdiction.
As the state of Nevada is a sovereign state and not disposed to jeopardize or surrender any of its sovereign rights, this act shall apply to all lands in the state of Nevada lawfully subject to its police powers; provided, it shall apply to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands shall fail to effect the intent and purposes of this act and otherwise shall apply to such lands to such extent as an officer of the United States having jurisdiction, or his duly authorized representative, shall approve any of the provisions of this act or the order or orders of the commission which affects such lands; and, furthermore the same shall apply to any lands committed to a unit agreement approved by the secretary of the interior of the United States or his duly authorized representative, except that the commission may, under such unit agreements, suspend the application of this act or any part of this act so long as the conservation of oil and gas and the prevention of waste as in this act provided is accomplished thereby, but such suspension shall not relieve any operator from making such reports as are necessary or advised to be fully informed as to operations under such agreement and as the commission may require under this act.
κ1953 Statutes of Nevada, Page 251 (CHAPTER 202, SB 5)κ
jeopardize or surrender any of its sovereign rights, this act shall apply to all lands in the state of Nevada lawfully subject to its police powers; provided, it shall apply to lands of the United States or to lands subject to the jurisdiction of the United States only to the extent that control and supervision of conservation of oil and gas by the United States on its lands shall fail to effect the intent and purposes of this act and otherwise shall apply to such lands to such extent as an officer of the United States having jurisdiction, or his duly authorized representative, shall approve any of the provisions of this act or the order or orders of the commission which affects such lands; and, furthermore the same shall apply to any lands committed to a unit agreement approved by the secretary of the interior of the United States or his duly authorized representative, except that the commission may, under such unit agreements, suspend the application of this act or any part of this act so long as the conservation of oil and gas and the prevention of waste as in this act provided is accomplished thereby, but such suspension shall not relieve any operator from making such reports as are necessary or advised to be fully informed as to operations under such agreement and as the commission may require under this act.
Sec. 15. Oil and Gas Conservation Fund; Tax on Gas and Oil Produced.
1. All moneys collected under the provisions of this act shall be remitted to the state treasurer, and by him shall be credited to a special fund known as the oil and gas conservation fund, which fund is hereby created. All moneys credited to that fund shall be expended for the purposes of administering the provisions of this act. In the event that the state of Nevada should enter the interstate oil compact commission, any and all expenses in connection with this affiliation shall be paid from the above fund. All moneys in the oil and gas conservation fund are appropriated to the commission. No such moneys shall revert to the general fund at the end of any fiscal period, but shall remain in the oil and gas conservation fund to cover future operating expenses of the commission. All moneys hereby appropriated shall be expended under the direction of the commission in accordance with statutes of this state relating to the expenditure of appropriations, and warrants shall be drawn against said appropriation as now provided by law.
2. For the purposes of paying the expenses of administration of the act, every producer of oil or natural gas in this state shall on or before the last day of each month report to the commission and to the state treasurer his or its production in this state of oil in barrels and of natural gas in thousands of cubic feet during the preceding month, and at the same time shall pay to the state treasurer a tax on each and every barrel of oil and on each and every 50,000 cubic feet of natural gas produced and marketed by him or it during such preceding month. Every person purchasing such oil or natural gas shall be liable for the payment of the tax per barrel of oil or per 50,000 cubic feet of natural gas, unless it shall have previously been paid by the producer. The tax rate shall be five mills ($0.005) per barrel of oil or per 50,000 cubic feet of natural gas.
κ1953 Statutes of Nevada, Page 252 (CHAPTER 202, SB 5)κ
3. For the purpose of paying expenses incidental to the establishment of the commission, funds shall be provided by direct legislative appropriation from the general fund.
Sec. 16. Repeal.
All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 17. Separability of Provisions.
If any section, subsection, sentence, clause, phrase or word of this act is adjudged to be unconstitutional or invalid, such adjudication shall not affect the validity of the remaining portion of this act. The legislature hereby declares that it would have passed this act, and each division, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words might be adjudged to be unconstitutional, or for any other reason invalid.
Sec. 18. Effective Date.
This act shall become effective upon its passage and approval.
________
Senate Bill No. 137Committee on Finance.
CHAPTER 203
AN ACT to amend an act entitled, An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto, approved March 28, 1919, as amended.
[Approved March 25, 1953]
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 6101, 1929 N.C.L., as last amended by chapter 26, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 2. The public service commission shall consist of four commissioners, one of whom shall be the state engineer who shall be ex officio commissioner without voting privileges; the other three commissioners shall be appointed by the governor, one of whom shall serve part-time. The terms of the appointive commissioners shall commence on the effective date of this act; the term of the part-time commissioner first appointed shall expire two years thereafter; the term of one full-time commissioner first appointed shall expire three years thereafter; and the term of the other full-time commissioner shall expire four years thereafter. Upon the expiration of the terms of said appointive commissioners, their respective successors shall be appointed to hold office for a term of four years after the date of the appointment and until their respective successors are appointed. One of said commissioners shall be generally familiar with the operation of transportation facilities, and one commissioner shall have a general knowledge of fares and freights and tolls and charges levied and collected by public utilities as defined in this act. The governor shall designate one of the full-time commissioners to be chairman, whose term as chairman shall be at the pleasure of the governor.
κ1953 Statutes of Nevada, Page 253 (CHAPTER 203, SB 137)κ
designate one of the full-time commissioners to be chairman, whose term as chairman shall be at the pleasure of the governor.
The majority of said voting commissioners shall have full power to act in all matters within their jurisdiction. In the event that two commissioners are disqualified or in the event of two vacancies within the commission, the remaining commissioner shall exercise all the power of the commission. Not more than a majority of all the voting commissioners shall be members of the same political party.
Sec. 2. Section 3 of the above-entitled act, being section 6102, 1929 N.C.L., is hereby amended to read as follows:
Section 3. The governor shall have the power to remove any commissioner for inefficiency, neglect of duty, or malfeasance in office. Such removal shall be upon public hearing after ten days notice and the service upon the commissioner of a copy of the charges. The record of any such proceedings shall be filed with the secretary of state if such a commissioner be removed.
No commissioner shall be pecuniarily interested in any public utility in this state or elsewhere.
Sec. 3. Section 4 of the above-entitled act, being section 6103, 1929 N.C.L., is hereby amended to read as follows:
Section 4. Two of the appointive members of the commission shall give their entire time to the business of the commission and shall not pursue any other business or vocation or hold any other office of profit and no commissioner shall be a member of any political convention or a member of any committee of any political party.
Before the entering upon the duties of his office, each commissioner shall subscribe to the constitutional oath of office, and shall in addition swear that he is not pecuniarily interested in any public utility in this state as defined herein; said oath of office shall be filed in the office of the secretary of state.
Sec. 4. Section 5 of the above-entitled act, being section 6104, 1929 N.C.L., as last amended by chapter 139, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 5. Said commission shall appoint a secretary who shall be an expert rate man, and an assistant secretary. The commission may employ such other clerks, experts, or engineers as may be necessary, and shall fix their keep compensation. The compensation of the commissioners, secretary, and other employees shall be as fixed by law.
Sec. 5. Section 29 of the above-entitled act, being section 6129, N.C.L. 1929, is hereby amended to read as follows:
Section 29. A full and complete record shall be kept of all proceedings before the commission or its representative on any formal investigation, and all testimony shall be taken down by the stenographer appointed by the commission, or, under the direction of any competent person appointed by the commission, reported by sound recording equipment in the manner authorized for reporting testimony in district courts, and the testimony so reported, either by stenographer or sound recording, shall be transcribed, and the transcript filed with the record in the matter. Whenever any complaint is served upon the commission as hereinafter provided for the bringing of actions against the commission, before the action is reached for trial, the commission shall cause a certified copy of all proceedings held and testimony taken upon such investigation to be filed with the clerk of the court in which the action is pending.
κ1953 Statutes of Nevada, Page 254 (CHAPTER 203, SB 137)κ
shall cause a certified copy of all proceedings held and testimony taken upon such investigation to be filed with the clerk of the court in which the action is pending. A copy of such proceedings and testimony shall be furnished to any party, on payment of a reasonable amount therefor, to be fixed by the commission, which amount shall be uniform per folio to all parties. The amount so charged and collected shall be turned over by the commission to the state treasurer, and by him carried into the fund appropriated for the general expenses of the commission.
________
Assembly Bill No. 359Committee on Roads and Transportation.
CHAPTER 204
AN ACT regulating the sale and distribution of petroleum products, establishing a standard for said products, requiring the inspection of said products, and assessing a penalty for the violation thereof, and other matters properly relating thereto.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Petroleum products as defined in this act means any liquid petroleum product such as gasoline, kerosene, distillate, petroleum solvents, naphtha, diesel fuel, heating, stove or other gas oils, and similar petroleum products.
(1) A wholesale distributing plant as used in this act means any plant or establishment located in Nevada where petroleum products are sold or offered for sale wholly or partly at wholesale.
Sec. 2. Gasoline as defined in this act means any liquid petroleum product which conforms to the following specifications:
(1) It shall be free from water and suspended matter.
(2) A clean copper strip shall not show more than an extremely slight discoloration when submerged in the gasoline for three hours, at 122 degrees Fahrenheit, the test being conducted in accordance with the American society for testing materials, standard D-130-30, as published in American society for testing materials standards, 1936.
(3) It shall distill, within the following limits, when tested in accordance with the American society for testing materials, standard D86-35, standard method of testing for gasoline, naphtha, kerosene and similar petroleum products, as published in American society for testing materials, 1936, using the low distillation thermometer:
(A) When the thermometer reads 167 degrees Fahrenheit, not less than ten percent shall be evaporated.
(B) When the thermometer reads 284 degrees Fahrenheit, not less than fifty percent shall be evaporated.
(C) When the thermometer reads 392 degrees Fahrenheit, not less than ninety percent shall be evaporated.
(D) The end point shall not be higher than 437 degrees Fahrenheit.
(E) At least 95 percent shall be recovered as distillate in the receiver from the distillation.
κ1953 Statutes of Nevada, Page 255 (CHAPTER 204, AB 359)κ
(F) The distillation residue shall not exceed two percent.
Sec. 3. Crankcase drainings, lube-distillate or any other petroleum products shall not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in an internal combustion engine unless such product conforms to the following specifications:
(A) It shall be free from water and suspended matter when tested by means centrifuge, in accordance with the American society for testing materials, standards designation D96-40, as published in American society for testing materials standards, 1940.
(B) The neutralization number shall not be higher than 0.5 when tested in accordance with the American society for testing materials, American tentative standard designation D188-27T, as published in American society for testing materials standards, 1940.
(C) The flash points for the various S.A.E. classifications shall not be less than the standards established by the American society for testing materials, Pensky-Martens closed tester standards designation D93-40, as published in American society for testing materials standards, 1940.
(D) The minimum flash point for a 10-W grade motor oil or lubricating oil shall not be less than 290 degrees Fahrenheit when tested in accordance with the American society for testing materials, Pensky-Martens closed tester, standards designation D93-40, as published in American society for testing materials standards, 1940.
(E) The minimum flash point for a 20-W grade oil or lubricating oil shall not be less than 320 degrees Fahrenheit when tested in accordance with the American society for testing materials, Pensky-Martens closed tester, standards designation D93-40, as published in American society for testing materials standards, 1940.
Sec. 4. Before engaging in the business of selling petroleum products as defined herein, at wholesale, every person maintaining or operating a wholesale distributing plant in the State of Nevada, or operating through a wholesale distributing plant in the State of Nevada, shall obtain from the state sealer of weights and measures a license for that purpose, effective for one year.
Sec. 5. The licensee shall pay, annually, a license fee of twenty-five dollars ($25) to the state sealer, and shall be deposited by the said state sealer in the state treasury to the credit of the general fund.
Sec. 6. Before granting any license the state sealer shall require the applicant therefor to file an application with the department in the form prescribed by the state sealer, accompanied by the license fee required by this act.
Sec. 7. Every licensee shall at all times conspicuously display any license granted under this act on the premises where the licensee is doing business.
Sec. 8. It is unlawful for any person to bring or cause to be brought into this state, or to sell or distribute, or to offer for sale or distribution, or assist in the bringing into this state, or in the sale or distribution in this state, of any petroleum product as herein defined, produced in violation of any law of any state or nation.
Sec. 9. Every person not maintaining or operating a wholesale or distributing plant located in Nevada, or operating through a wholesale or distributing plant located in Nevada, bringing any gasoline, distillate, kerosene, gas, oil, or other petroleum product as defined herein, into this state from any other state or nation, for storage, delivery, sale, distribution, shall file with the state sealer a certificate of lawful production showing that such gasoline, distillate, kerosene, gas, oil or other petroleum products was not extracted, manufactured, distilled or compounded in whole or in part, in violation of any law of the producing state or nation, or in violation of any orders, rule or regulation of any board, commission, officer, or department having jurisdiction to enforce such law in that state or nation.
κ1953 Statutes of Nevada, Page 256 (CHAPTER 204, AB 359)κ
distributing plant located in Nevada, or operating through a wholesale or distributing plant located in Nevada, bringing any gasoline, distillate, kerosene, gas, oil, or other petroleum product as defined herein, into this state from any other state or nation, for storage, delivery, sale, distribution, shall file with the state sealer a certificate of lawful production showing that such gasoline, distillate, kerosene, gas, oil or other petroleum products was not extracted, manufactured, distilled or compounded in whole or in part, in violation of any law of the producing state or nation, or in violation of any orders, rule or regulation of any board, commission, officer, or department having jurisdiction to enforce such law in that state or nation. The certificate required by this section shall contain all of the following:
(1) The name of the seller and buyer of such petroleum product.
(2) The names of the producer and of the field of production of the petroleum product to be brought in or from which the petroleum product was extracted, manufactured, distilled or compounded in whole or in part.
(3) Such other information as the state sealer may require and designate.
Sec. 10. No person not maintaining and operating a wholesale distributing plant located in Nevada, or operating through a wholesale distributing plant located in Nevada, shall unload or cause to be unloaded, or make delivery of, any petroleum product as defined herein brought into this state for storage, delivery, sale, distribution, use, refining, distilling or blending therein, without first having the same inspected by the state sealer, or persons so designated by the state sealer to inspect the same, and without first having obtained a permit from the state sealer, or a person authorized by the state sealer in the county in this state into which such petroleum product is sought to be brought, certifying that said petroleum product conforms with the requirements and standards designated in this act. For each permit issued under this section said person or persons shall pay to the state sealer or the person authorized to make said inspection an inspection fee of $10 and said person, as a condition precedent to the privilege of receiving said inspection, shall be deemed to have agreed that he will pay said inspection fee.
Sec. 11. Every person who violates any of the provisions of this act shall be deemed to be guilty of a misdemeanor, and upon conviction thereof such person shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.
Sec. 12. This act shall not be construed to apply (a) to any person who brings petroleum products into the state for his own exclusive consumption; (b) to any direct interstate shipment or delivery of petroleum products to any person located in Nevada when such interstate shipments or deliveries are arranged for or made by any person who maintains and operates a wholesale distributing plant located in Nevada or operates through a wholesale distributing plant located in Nevada.
κ1953 Statutes of Nevada, Page 257 (CHAPTER 204, AB 359)κ
Sec. 13. The word person includes a company, partnership, association or corporation, as well as a natural person.
Sec. 14. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 15. This act shall become effective from and after its passage and approval.
________
Senate Bill No. 165Committee on Judiciary.
CHAPTER 205
AN ACT to amend an act entitled, An act concerning the writ of habeas corpus, approved December 19, 1862.
[Approved March 25, 1953]
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 11377, N.C.L. 1929, is hereby amended to read as follows:
Section 3. (a) Such writ of habeas corpus may be granted by each justice of the supreme court or judges of district courts, at any time in term or vacation; provided, each of the justices of the supreme court shall have power to issue writs of habeas corpus to any part of the state, on petition by, or on behalf of any person held in actual custody, and may make such writ returnable before himself or before the supreme court, or before any district court in the state or before any judge of said district court, as provided in section 4, article VI, constitution of Nevada; provided further, that district judges shall have the power only to issue writs of habeas corpus on petition by, or in behalf of, any person held in actual custody within the judicial district of the district judge to whom application for the writ shall be made, as provided in section 6, article VI, constitution of Nevada.
(b) When an application is made to a supreme court justice for a writ of habeas corpus and the same shall be entertained by said justice, or the supreme court, and thereafter denied, the person making such application shall not have the right, nor the power, to submit thereafter an application to the district judge of the district wherein such applicant is held in custody, nor to any other district judge in any other judicial district of the state, which said application shall be premised upon the illegality of the same charge upon which such applicant is held in custody.
(c) An applicant who has petitioned the district judge of a judicial district, as in this act provided, and whose application for such writ is denied, may appeal to the supreme court from the order and judgment of the district judge or district court refusing to grant the writ or to discharge the applicant; provided, such appeal shall be taken within thirty days from the day of entry of said order or judgment.
(d) The State of Nevada is an interested party in habeas corpus proceedings, and, in the event the district judge or district court to whom or which an application for writ of habeas corpus has been made shall grant such writ, then the district attorney of the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; provided, such appeal shall be taken within twenty days from the day of entry of said order.
κ1953 Statutes of Nevada, Page 258 (CHAPTER 205, SB 165)κ
made shall grant such writ, then the district attorney of the county in which the application for the writ was made, or the attorney general in behalf of the state, may appeal to the supreme court from the order of the district judge granting the writ and discharging the applicant; provided, such appeal shall be taken within twenty days from the day of entry of said order.
(e) Section 8407, 1929 N.C.L. 1941 Supp., shall be applicable to the proceeding set forth herein.
Sec. 2. Section 24 of the above-entitled act, being section 11398, N.C.L. 1929, is hereby amended to read as follows:
Section 24. Any supreme court justice or judge, before whom any person who has been committed on a criminal charge shall be brought on a writ of habeas corpus, if the same be bailable, may take a recognizance from such person, as in other cases, and shall file the same in the proper court without delay; provided, that in no case where the applicant for a writ of habeas corpus has been admitted to bail and failed to appeal before the supreme court justice, the judge or presiding judge of the court wherein the bail was fixed at the time ordered and directed by the said justice, judge, or presiding judge, or court shall the habeas corpus proceedings be dismissed, save upon good cause shown. And upon the failure of any such person to so appear, the said justice, district judge or presiding judge shall cause a bench warrant to be issued and such person arrested and brought before the said justice, judge or court as upon contempt.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 59Senators Brown and Orr.
CHAPTER 206
AN ACT to provide for the construction of a state office building in Las Vegas, Nevada, and to provide for the work and materials incident thereto; providing for the issuance of bonds therefor; providing the manner of their sale and redemption; providing for the levy and collection of taxes for the payment thereof, and other matters relating thereto.
[Approved March 25, 1953]
Whereas, The development of the state and the attendant increase in governmental services has resulted in expanded and new governmental departments and agencies; and
Whereas, Surveys by the state planning board show that nineteen state agencies with seventy-eight employees are now occupying various and unsuitable locations in Las Vegas; and
Whereas, Six of the nineteen agencies now pay $18,144 in yearly rent which would indicate that the cost of construction for a new building could be amortized in less than twenty years; and
Whereas, Advanced funds for preparation of plans and specifications have been furnished by the federal government and a suitable site, valued at approximately $75,000 can be obtained for $15,000; now, therefore,
κ1953 Statutes of Nevada, Page 259 (CHAPTER 206, SB 59)κ
site, valued at approximately $75,000 can be obtained for $15,000; now, therefore,
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 office building for Las Vegas, Nevada, and to provide for the work and materials incident thereto, and for the payment of same at a cost estimated at three hundred twenty thousand dollars ($320,000) more adequately to provide office space and conference and utility rooms for the following state agencies: Colorado river commission, welfare (old-age) department, deputy state superintendent of public instruction, public service commission, motor vehicle division, drivers license, highway patrol, state engineer, Nevada industrial commission, labor commission, employment security department, governors office, tax commission, public health laboratory, state department of agriculture, state fish and game commission, selective service, agriculture extension service and veterans service commissioner; all now located in Las Vegas, Nevada.
Sec. 2. The cost and expense of said construction, supervision, equipment and furnishings and of the work and materials provided for in section 1 of this act shall not exceed the sum of three hundred twenty thousand dollars ($320,000).
Federal funds have been advanced by the housing and home finance agency for the preparation of plans and specifications in the amount of nine thousand six hundred dollars ($9,600) with the proviso that this amount be repaid to the federal government upon initiation of construction. When construction funds have been authorized, the state planning board shall immediately advertise in a newspaper of general circulation in the State of Nevada for sealed bids for construction; all in accordance with said plans and specifications so approved and modification thereof found to be necessary in the course of construction. Said plans and specifications so approved shall be on file at a place and time stated in said advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter.
Sec. 3. To provide a state office building fund in the state treasury, the governor, the secretary of state and the attorney general of the State of Nevada, are hereby authorized and directed to prepare, issue and sell negotiable serial coupon bonds of the State of Nevada, in any principal amount not in excess of three hundred twenty thousand dollars ($320,000). Said bonds shall be signed by the governor, and endorsed by the secretary of state and the attorney general, countersigned by the state controller and authenticated by the great seal of the State of Nevada. Coupons for interest shall be attached to each bond, so that they may be removed without injury to the bond and each of said coupons shall be consecutively numbered and signed by the engraved facsimile signature of the governor, secretary of state and attorney general.
1. Said bonds shall each be for the sum of two thousand dollars ($2,000).
κ1953 Statutes of Nevada, Page 260 (CHAPTER 206, SB 59)κ
($2,000). They shall be numbered consecutively, and the interest on same shall not exceed three percent (3%) per annum, payable annually on the first day of January of each year, both principal and interest shall be payable in lawful money of the United States of America and both principal and interest shall be payable at the office of the state treasurer in Carson City, Nevada.
2. On the first day of January, 1954, eight of the said bonds of two thousand dollars ($2,000), together with the interest thereon, shall be paid and redeemed, and annually thereafter for 20 years on the first day of January, eight of said bonds of two thousand dollars ($2,000) each, together with the interest thereon, shall be paid and redeemed until the full amount of three hundred twenty thousand dollars ($320,000), together with interest thereon shall have been repaid all within twenty (20) years from the date of the passage of this act.
Sec. 4. Upon the issuance and execution of said bonds, the same may be sold and delivered to the state permanent school fund, public employees retirement fund, university ninety-thousand-acre-grant fund, the university seventy-two-section grant fund, the state insurance fund of the Nevada industrial commission, and such other state funds as may have money available for legal investment in such bonds as moneys may be available in the state treasury in said bonds, or either or any of them, without advertising said bonds for sale or calling for bids thereon.
If such money be not available in any or all of said funds, the bonds herein provided for may be sold as needed for the purposes herein stated at public or private sale as said board may deem for the best interests of the state. Said bonds shall be sold at not less than par, and the proceeds thereof shall be placed in a fund to be known as the state office building fund for Las Vegas.
Sec. 5. There shall be levied annually an ad valorem tax at a rate sufficient to pay the principal and interest on said bonds as and when they fall due, on all of the taxable property in the State of Nevada, including the net proceeds of mines. All moneys derived from said tax 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 purpose of this act.
Sec. 6. All bills for the purchase of site, employment of architects, supervisors, inspectors and for the erection, heating, ventilating, electrical, water and sewer connections of said building and equipment and furnishing thereof shall be paid out of the fund herein provided for upon bills approved by the state planning board and audited and approved by the board of examiners of the State of Nevada, as other claims are paid.
Sec. 7. The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation thereby imposed be omitted until all the bonds and coupons issued under and by virtue hereof shall have been paid in full as in this act provided.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 261κ
Assembly Bill No. 247Elko County Delegation.
CHAPTER 207
AN ACT to amend an act entitled, 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.
[Approved March 25, 1953]
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, being chapter 194, Statutes of Nevada 1951, is hereby amended to read as follows:
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, Metropolis, and Currie with branch lines to Spruce Mountain and Dolly Varden districts, Marys River district, Tabor Creek district, North Fork district, ONeil district, and Contact, including Town Creek and Wilkins districts, Elko county, along, across, and under state and county highways, city and town streets and alleys.
Sec. 2. Section 1 of the above-entitled act, being chapter 194, Statutes of Nevada 1951, is hereby amended to read 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, Wendover, Currie with branch lines to Spruce Mountain and Dolly Varden districts, Marys River district, Tabor Creek district, North Fork district, ONeil district, and Contact, including Town Creek and Wilkins districts, 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.
κ1953 Statutes of Nevada, Page 262 (CHAPTER 207, AB 247)κ
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. 3. This act shall be effective upon passage and approval.
________
Senate Bill No. 217Senator Munk.
CHAPTER 208
AN ACT to amend an act entitled, An act to provide for the organization and government of drainage districts and to provide for the acquisition, repair and development of canals, drains, ditches, watercourses and other property, and for the distribution of water thereby for drainage purposes, and to provide for the levying of taxes and for the issuing and sale of bonds thereof, approved March 31, 1913, as amended.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 8098-8135, inclusive, N.C.L. 1929, is amended by adding thereto a new section to be numbered 6.1 and to follow immediately after section 6 of said act, and to read as follows:
Section 6.1. Any drainage district organized pursuant to this act may be merged or consolidated with an existing irrigation district when such action is approved by a majority vote of the board of supervisors and further approved by a majority vote of the board of county commissioners and concurred in by the irrigation district with which it is to be merged.
In any such merger or consolidation the drainage district merged or consolidated shall become a part of the district with which it is merged; all debts, obligations, liabilities and assets of the drainage district shall be assumed or taken over by the irrigation district.
The irrigation district taking over the drainage district shall administer the drainage district in accordance with the requirements of this act with the exception that the irrigation district need not report nor be responsible to the board of county commissioners to any greater extent than it would be under the laws of the act under which the irrigation district was organized.
Sec. 2. This act shall become effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 263κ
Senate Bill No. 77Senator Lovelock.
CHAPTER 209
AN ACT to amend an act entitled, An act for the government and maintenance of the state orphans home, approved March 1, 1873, as amended.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 13 of the above-entitled act, being section 7592, 1929 N.C.L., is hereby amended to read as follows:
Section 13. Children other than orphans shall be admitted to the Nevada state childrens home when committed by the district court of the county in which such child resides, as a dependent or neglected child. The order of commitment shall require the parent or parents of the child to pay to the board $50 monthly for the care and support of each child committed; provided, that when it shall appear to the district court that the parent or parents are unable to pay $50 per month, the order shall require the payment of such lesser amount as may be found to be reasonable, and the county where the child was committed shall then pay to the board the difference between the amount so ordered paid and the sum of $50, or, if the parents be found unable to pay anything, the county where the child was committed shall be liable for the whole amount of the support of the child. No child shall be ordered committed to the Nevada state childrens home who is insane, idiotic, or so mentally and physically deformed as to be incapable of receiving the elements of an education, or who has any contagious disease. When any parent of a child committed under this section shall fail to pay the amount ordered for support, or if no support be ordered, shall fail to make any contribution for support, for a period of 3 years, that failure shall be prima-facie proof of abandonment of the child by the parents.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 106Senator Johnson.
CHAPTER 210
AN ACT permitting the exploration, investigation and excavation of prehistoric ruins, archaeological sites, speleological sites, historic and prehistoric monuments and structures, objects of antiquity, historic landmarks and other marks of historic and scientific interest, fossilized footprints, hieroglyphics and all other archaeological features of Nevada, either on federal or state lands; providing for a penalty for the violation of the provisions of said act and other matters properly in connection therewith.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any person, persons, partnership, society, institute, corporation, officers or agents thereof, desiring to explore, investigate and excavate in or upon any prehistoric ruins, ancient burial grounds, fossilized footprints, hieroglyphics, speleological sites, archaeological sites, Indian artifacts, historic and prehistoric monuments and structures, objects of antiquity and historic landmarks and/or other objects of historic or scientific interest, and/or on state or federal lands, shall first obtain a permit from the board of directors of the Nevada state museum at Carson City, Nevada.
κ1953 Statutes of Nevada, Page 264 (CHAPTER 210, SB 106)κ
and excavate in or upon any prehistoric ruins, ancient burial grounds, fossilized footprints, hieroglyphics, speleological sites, archaeological sites, Indian artifacts, historic and prehistoric monuments and structures, objects of antiquity and historic landmarks and/or other objects of historic or scientific interest, and/or on state or federal lands, shall first obtain a permit from the board of directors of the Nevada state museum at Carson City, Nevada.
The Nevada state museum through its directors shall ascertain the purposes, the objects and all other necessary information concerning the knowledge, experience and ability of such person, persons, association, institute, society, corporation, officers or agents thereof to explore, investigate and excavate, and in addition thereto and before issuing such permit shall require the applicant to have a permit from the proper authority as to federal lands in accordance with the provision of U.S. public law 209, approved June 8, 1906, 34 Stl. 225.
Sec. 2. Upon granting such permit, the Nevada state museum will immediately notify the chairman of the state park commission and the clerk of the board of county commissioners of the county in which such permit is to be exercised.
Sec. 3. No permit shall be issued by the museum board except upon agreement of the person or persons carrying on any exploration or excavation that a portion of the material or articles discovered either through his or her efforts shall be delivered to the Nevada state museum, who, in turn, shall deliver a portion thereof for display purposes or otherwise to the proper authorities of the county from which such material, archaeological material, objects of antiquity, speleological material or any historical objects of scientific interest shall have been recovered.
Sec. 4. Nothing in this act contained shall interfere with or prevent any person or individual or society from collecting minerals, rocks, gems, plant life and butterflies, nor prevent the photographing by individuals of petroglyphs or pictographs or historical monuments.
Sec. 5. It shall be unlawful for any person or persons to commit vandalism upon any prehistoric sites, natural monuments, speleological sites and objects of antiquity or to write or paint or carve initials or words upon any of such objects, Indian paintings or historic buildings.
Sec. 6. Any person violating sections of this act shall be guilty of a misdemeanor and may be fined in the sum of not less than $10 nor more than $500 or be imprisoned in the county jail for a period of not less than 30 days nor more than 6 months or by both such fine and imprisonment.
Sec. 7. Any and all other acts or parts of acts which are or may be in conflict with any of the provisions of this act are hereby repealed.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 265κ
Senate Bill No. 139Senator Whitacre.
CHAPTER 211
AN ACT concerning the sale of used motor vehicles; providing that when such vehicles are not registered in the State of Nevada but are registered in another state, that the license plate thereon must be destroyed; providing a penalty for the violation hereof, and other matters properly connected herewith.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. It shall be unlawful to sell or deliver any used automobile or other vehicle, within the State of Nevada, when such vehicle is not registered in the State of Nevada and has displayed on it a vehicle license plate or plates issued by another state or nation, unless the vehicle is sold and delivered to a bona fide resident of another state or nation and the vehicle is to be immediately removed from the State of Nevada. The actual cost of licensing and registering the vehicle in Nevada shall be paid by the purchaser of the vehicle.
Sec. 2. It shall be the duty of every person, firm, association or corporation selling or delivering any vehicle described in section 1 hereof, before selling or delivering such vehicle, to remove from such vehicle any such license plate or plates, and to destroy such plate or plates.
Sec. 3. Any person violating any provision of this act shall, upon conviction be deemed guilty of a misdemeanor.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 155Senator Johnson.
CHAPTER 212
AN ACT providing for the construction of a new firehouse in Carson City, and for the participation therein by the State of Nevada; providing the manner thereof; providing an appropriation therefor; providing the duties of the board of trustees of Carson City, and the board of county commissioners of Ormsby County, and other matters properly connected therewith.
[Approved March 25, 1953]
Whereas, Since 1864 the city of Carson City and Ormsby county, and the volunteer fire departments thereof, have given fire protection to all state owned property within said city and county; and
Whereas, Such protection has been furnished to the state without cost to the state other than the use of one fire engine purchased by the state in 1947, for which truck the Warren Engine Co. No. 1 and the said city and county have furnished all maintenance without cost or expense to the state; and
Whereas, The present firehouse used by said Warren Engine Co. No. 1 is obsolete, and is insufficient in either space or facilities to care for the present needs of the fire department, and it is necessary that a new firehouse be constructed at a total cost of approximately $100,000; and
κ1953 Statutes of Nevada, Page 266 (CHAPTER 212, SB 155)κ
new firehouse be constructed at a total cost of approximately $100,000; and
Whereas, Said Warren Engine Co. No. 1 maintains housemen on a 24-hour basis, giving fire protection to more than 16 state buildings, including the state capitol building wherein the automatic alarm system is tied directly in the firehouse and has resulted in a 22 percent fire insurance premium reduction, the childrens home wherein more than 100 persons, mostly children, are housed, and the state prison wherein several hundred people are housed, all without any cost to the state; and
Whereas, During the past five years, Carson City and Ormsby county have supported the fire department to the extent of $64,700, and the department itself, by fund drives and the annual New Years dance, has raised and expended $7,248.24, all for the operation and maintenance of said Warren Engine Co. No. 1; and
Whereas, The assessed valuation of all of the taxable property in Ormsby county is the sum of $4,543,687, and the approximate valuation of state owned nontaxable property in said Ormsby county is in excess of $5,000,000, or more than the total of the taxable property; and
Whereas, It is felt that the State of Nevada should participate in the cost of construction of said proposed firehouse to the extent of 50 percent thereof; now, therefore,
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 by the city of Carson City of a firehouse to house the volunteer fire company known as and called Warren Engine Company No. 1, at a cost not to exceed $70,000, and to be located at the southeast corner of West Musser and Curry streets in said Carson City, Nevada.
Sec. 2. The board of county commissioners of Ormsby county are hereby authorized to transfer, without consideration, to the city of Carson City so much of the real property of said county located in block 8 of Proctor and Greens division of Carson City, Nevada, as may be necessary for said firehouse.
Sec. 3. The construction of the firehouse provided for hereby shall be under the direction and control of the board of trustees of Carson City, in the same manner as would the construction of other buildings of said Carson City.
Sec. 4. For the purpose of participating in the construction of said firehouse, there is appropriated from the general fund of the State of Nevada, the sum of $35,000. Such appropriation shall be paid to the city of Carson City upon claims audited and approved from time to time as are other claims against the state; provided, however, that each of such claims shall be accompanied by bills against the said city incurred in the erection or construction of said firehouse, and the mayor of Carson City must certify that such bills are necessarily incurred in the construction of said firehouse.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 267κ
Senate Bill No. 198Committee on Taxation.
CHAPTER 213
AN ACT concerning the licensing and registration of motor vehicles and being supplementary to that certain act of the 1953 session of the legislature entitled, An act to provide revenue for the support of the government of the State of Nevada and its political subdivisions; fixing the duties of certain officers; defining certain crimes and providing penalties therefor, and other matters properly connected therewith, and to repeal certain acts and parts of acts in conflict herewith.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law, all motor vehicles registered and all license plates issued for the calendar year 1954, shall be registered and licensed until June 1, 1955. The county assessors of each of the several counties, in reregistering and relicensing motor vehicles for the year 1954, shall collect one and one-half times the license fee, and one and one-half times the personal property tax which he would collect under law were it not for this act; provided, however, that in registering and licensing motor vehicles for the first time in this state he shall collect on the basis of the months remaining before June 30, 1955.
Sec. 2. This act is intended to be supplementary to that certain act of the 1953 legislature entitled, An act to provide revenue for the support of the government of the State of Nevada and its political subdivisions; fixing the duties of certain officers; defining certain crimes and providing penalties therefor, and other matters properly connected therewith, the same being Senate Bill No. 182 of the 1953 session of the legislature. If such act is not passed, or is not approved by the governor, and does not become law, this act shall be of no effect.
________
Senate Bill No. 168Senator Lemaire.
CHAPTER 214
AN ACT authorizing and directing the attorney general of the State of Nevada to intervene in the suit of the State of Arizona against the State of California relative to the rights to the waters of the Colorado river pending in the supreme court of the United States, providing additional legal counsel and assistance, and making an appropriation therefor.
[Approved March 25, 1953]
Whereas, The State of Arizona, a signatory of the Colorado river compact, has brought an original suit in the supreme court of the United States against the State of California, also a signatory of said compact, for an adjudication of the respective rights of said states in and to the waters of the Colorado river as heretofore apportioned and allotted to them, and
Whereas, The State of Nevada, an original signatory of said compact, is vitally interested in the issues drawn in said suit, in that as signatory of said compact it has been apportioned and allotted valuable rights in and to the waters of said river for its exclusive use and benefit, and any judgment in a suit involving the use of the waters by either Arizona or California may be and can be the instrument whereby the rights of Nevada in and to the waters of the river are most seriously modified, curtailed or entirely destroyed, and
κ1953 Statutes of Nevada, Page 268 (CHAPTER 214, SB 168)κ
signatory of said compact it has been apportioned and allotted valuable rights in and to the waters of said river for its exclusive use and benefit, and any judgment in a suit involving the use of the waters by either Arizona or California may be and can be the instrument whereby the rights of Nevada in and to the waters of the river are most seriously modified, curtailed or entirely destroyed, and
Whereas, It is now absolutely necessary that Nevada intervene in said suit as a vitally necessary party in interest in order to properly protect and defend its rights in and to the waters of said river, and
Whereas, The magnitude of said suit transcends the civil suits brought in the courts of the state or lower federal courts by or even against the state in proper cases, by reason of the issues involved, the value of the rights of the state so jeopardized, and the time and expense necessary to prepare and present to the court the basis of Nevadas apportioned and allotted rights, and
Whereas, The preparation of, and the submission of Nevadas intervention and the defense thereof to and in the court requires and will require the assiduous attention of counsel for the state during all of the time the suit is pending, and
Whereas, The presently authorized staff of the office of attorney general of this state is not sufficiently large to provide the legal staff necessary to efficiently prepare and submit to the court the said intervention and defense of Nevadas rights in said suit, now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of intervening in and defending said suit between the State of Arizona and the State of California or any action therein the Colorado River Commission is hereby authorized and directed to expend from the Colorado River Commission fund a sum not to exceed $50,000 which sum is hereby authorized and directed to be used for the purpose of paying counsel fees and all other legal court costs and expenses, including travel expense, incident to such suit.
Sec. 2. The attorney general is hereby authorized and directed to represent the state in the said pending suit or any action therein and upon direction of the governor to institute or cause to be instituted any and all proceedings deemed necessary, including intervention, for the defense of or protection of any and all rights of the state at issue in or which may be drawn in question therein, and the attorney general, for the purposes of this act, is hereby authorized to secure, employ and appoint for the time deemed necessary, such special legal counsel and assistance which in his judgment he shall determine it is necessary for the prompt and efficient assistance in and the submission thereof to the court in all proceedings in said suit or any action therein, and to fix the reasonable compensation therefor.
Sec. 3. All claims payable from the fund authorized by this act shall be approved by the attorney general and the board of examiners, and thereafter paid in the same manner as other claims against the state are paid.
Sec. 4. This act shall be effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 269κ
Assembly Bill No. 218Mr. Walters.
CHAPTER 215
AN ACT to amend an act entitled, An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 92 of the above-entitled act, being section 3656.92, 1929 N.C.L. 1941 Supp., is hereby repealed.
Sec. 2. Section 88 of the above-entitled act, being section 3656.88, 1929 N.C.L. 1941 Supp., is hereby repealed.
Sec. 3. There is hereby added to the above-entitled act, a new section to be known as section 88, to follow section 87, being section 3656.88, 1929 N.C.L. 1941 Supp., which shall read as follows:
Section 88. Uniform Individual Accident and Sickness Policy Provisions.
(1) Definition of Accident and Sickness Insurance Policy. The term accident and sickness insurance as used herein includes any policy or contract covering the kind or kinds of insurance described in class 1(b) and class 2(a) of section 5.
(2) Form of Policy.
(A) No policy of accident and sickness insurance shall be delivered or issued for delivery to any person in this state unless:
(a) The entire money and other considerations therefor are expressed therein; and
(b) The time at which the insurance takes effect and terminates is expressed therein; and
(c) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the application of the head of a family who shall be deemed the policy holder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which shall not exceed nineteen (19) years and any other person dependent upon the policy holder; and
(d) The style, arrangement and over-all appearance of the policy give no undue prominence to any portion of the text, and unless every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in light faced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred and twenty point (the text shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description if any, and captions and subcaptions); and
κ1953 Statutes of Nevada, Page 270 (CHAPTER 215, AB 218)κ
attached papers is plainly printed in light faced type of a style in general use, the size of which shall be uniform and not less than ten point with a lower case unspaced alphabet length not less than one hundred and twenty point (the text shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description if any, and captions and subcaptions); and
(e) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in paragraph 3 of this section, are printed, at the insurers option, either included with the benefit provision to which they apply, or under an appropriate caption such as exceptions, or exceptions and reductions, provided, that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies; and
(f) Each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; and
(g) It contains no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short rate table filed with the commissioner.
(B) If any policy is issued by an insurer domiciled in this state for delivery to a person residing in another state, and if the official having responsibility for the administration of the insurance laws of such other state shall have advised the commissioner that any such policy is not subject to approval or disapproval by such official, the commissioner may by ruling require that such policy meet the standards set forth in subparagraph (A) of this paragraph and in paragraph (3).
(3) Accident and Sickness Policy Provisions.
(A) Required Provisions. Except as provided in subparagraph (C) of this paragraph each such policy delivered or issued for delivery to any person in this state shall contain the provisions specified in this subparagraph in the words in which the same appear in this paragraph provided, however, that the insurer may, at its option, substitute for one or more of such provisions corresponding provisions of different wording approved by the commissioner which are in each instance not less favorable in any respect to the insured or the beneficiary. Such provisions shall be preceded individually by the caption appearing in this paragraph or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.
(a) A provision as follows: Entire Contract; Changes: This policy, including the endorsements and the attached papers, if any, constitutes the entire contract of insurance. No change in this policy shall be valid until approved by an executive officer of the insurer and unless such approval be endorsed hereon or attached hereto. No agent has authority to change this policy or to waive any of its provisions.
(b) A provision as follows: Time Limit on Certain Defenses:
(1) After three (3) years from the date of issue of this policy no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such three (3) year period.
κ1953 Statutes of Nevada, Page 271 (CHAPTER 215, AB 218)κ
in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability (as defined in the policy) commencing after the expiration of such three (3) year period.
(The foregoing policy provision shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during such initial three (3) year period, nor to limit the application of paragraph 3 (B), (a), (b), (c), (d) or (f) in the event of misstatement with respect to age or occupation or other insurance.)
A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium, (1) until at least age 50 or, (2) in the case of a policy issued after age 44, for at least five (5) years from its date of issue, may contain in lieu of the foregoing the following provision (from which clause in parentheses may be omitted at the insurers option) under the caption incontestable:
After this policy has been in force for a period of three (3) years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application.
(2) No claim for loss incurred or disability (as defined in the policy) commencing after three (3) years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy.
(c) A provision as follows:
Grace Period: A grace period of .............................. (insert a number not less than 7 for weekly premium policies, 10 for monthly premium policies and 31 for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force.
(A policy which contains a cancellation provision may add, at the end of the above provision, subject to the right of the insurer to cancel in accordance with the cancellation provision hereof. A policy in which the insurer reserves the right to refuse any renewal shall have, at the beginning of the above provision, Unless not less than five days prior to the premium due date the insurer has delivered to the insured or has mailed to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted.)
(d) A provision as follows:
Reinstatement: If any renewal premium be not paid within the time granted the insured for payment, a subsequent acceptance of premium by the insurer or by any agent duly authorized by the insurer to accept such premium, without requiring in connection therewith an application for reinstatement, shall reinstate the policy; provided, however, that if the insurer or such agent requires an application for reinstatement and issues a conditional receipt for the premium tendered, the policy will be reinstated upon approval of such application by the insurer or, lacking such approval, upon the forty-fifth (45th) day following the date of such conditional receipt unless the insurer has previously notified the insured in writing of its disapproval of such application.
κ1953 Statutes of Nevada, Page 272 (CHAPTER 215, AB 218)κ
such application. The reinstated policy shall cover only loss resulting from such accidental injury as may be sustained after the date of reinstatement and loss due to such sickness as may begin more than ten (10) days after such date. In all other respects the insured and insurer shall have the same rights thereunder as they had under the policy immediately before the due date of the defaulted premium, subject to any provisions endorsed hereon or attached hereto in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than sixty (60) days prior to the date of reinstatement. (The last sentence of the above provision may be omitted from any policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums, (1) until at least age 50 or, (2) in the case of a policy issued after age 44, for at least five (5) years from its date of issue.)
(e) A provision as follows:
Notice of Claim: Written notice of claim must be given to the insurer within twenty (20) days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at ..................................... (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer.
(In a policy providing a loss-of-time benefit which may be payable for at least two (2) years, an insurer may at its option insert the following between the first and second sentences of the above provision:
Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two (2) years, he shall, at least once in every six (6) months after giving notice of claim, give to the insurer notice of continuance of said disability, except in the event of legal incapacity. The period of six (6) months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insureds right to any indemnity which would otherwise have accrued during the period of six (6) months preceding the date on which such notice is actually given.)
(f) A provision as follows:
Claim Forms: The insurer, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen (15) days after the giving of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.
(g) A provision as follows:
Proofs of Loss: Written proof of loss must be furnished to the insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within (90) days after the termination of the period for which the insurer is liable and in case of claim for any other loss within ninety (90) days after the date of such loss.
κ1953 Statutes of Nevada, Page 273 (CHAPTER 215, AB 218)κ
insurer at its said office in case of claim for loss for which this policy provides any periodic payment contingent upon continuing loss within (90) days after the termination of the period for which the insurer is liable and in case of claim for any other loss within ninety (90) days after the date of such loss. Failure to furnish such proof within the time required shall not invalidate nor reduce any claim if it was not reasonably possible to give proof within such time, provided such proof is furnished as soon as reasonably possible and in no event, except in the absence of legal capacity, later than one (1) year from the time proof is otherwise required.
(h) A provision as follows:
Time of Payment of Claims: Indemnities payable under this policy for any loss other than loss for which this policy provides any periodic payment will be paid immediately upon receipt of due written proof of such loss.
Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be made .............................. (insert period for payment which must not be less frequent than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof.
(i) A provision as follows:
Payment of Claims: Indemnity for loss of life will be payable in accordance with the beneficiary designation and the provisions respecting such payment which may be prescribed herein and effective at the time of payment. If no such designation or provision is then effective, such indemnity shall be payable to the estate of the insured. Any other accrued indemnities unpaid at the insureds death may, at the option of the insurer, be paid either to such beneficiary or to such estate. All other indemnities will be payable to the insured.
(The following provisions, or either of them, may be included with the foregoing provision at the option of the insurer:
If any indemnity of this policy shall be payable to the estate of the insured, or to an insured or beneficiary who is a minor or otherwise not competent to give a valid release, the insurer may pay such indemnity, up to an amount not exceeding $........................... (insert an amount which shall not exceed $1,000), to any relative by blood or connection by marriage of the insured or beneficiary who is deemed by the insurer to be equitably entitled thereto. Any payment made by the insurer in good faith pursuant to this provision shall fully discharge the insurer to the extent of such payment.
Subject to any written direction of the insured in the application or otherwise all or a portion of any indemnities provided by this policy on account of hospital, nursing, medical, or surgical services may, at the insurers option and unless the insured requests otherwise in writing not later than the time of filing proofs of such loss, be paid directly to the hospital or person rendering such services; but it is not required that the service be rendered by a particular hospital or person.)
(j) A provision as follows:
Physical Examinations and Autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.
κ1953 Statutes of Nevada, Page 274 (CHAPTER 215, AB 218)κ
the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law.
(k) A provision as follows:
Legal Actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the requirements of this policy. No such action shall be brought after the expiration of three (3) years after the time written proof of loss is required to be furnished.
(l) A provision as follows:
Change of Beneficiary: Unless the insured makes an irrevocable designation of beneficiary, the right to change of beneficiary is reserved to the insured and the consent of the beneficiary shall not be requisite to surrender or assignment of this policy or to any change of beneficiary or beneficiaries, or to any other changes in this policy.
(The first clause of this provision, relating to the irrevocable designation of beneficiary, may be omitted at the insurers option.)
(B) Other Provisions. Except as provided in subparagraph (C) of this paragraph, no such policy delivered or issued for delivery to any person in this state shall contain provisions respecting the matters set forth below unless such provisions are in the words in which the same appear in this paragraph; provided however, that the insurer may, at its option, use in lieu of any provision a corresponding provision of different wording approved by the commissioner which is not less favorable in any respect to the insured or the beneficiary. Any such provision contained in the policy shall be preceded individually by the appropriate caption appearing in this subparagraph or, at the option of the insurer, by such appropriate individual or group captions or subcaptions as the commissioner may approve.
(a) A provision as follows:
Change of Occupation: If the insured be injured or contract sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes his occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess prorata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation.
κ1953 Statutes of Nevada, Page 275 (CHAPTER 215, AB 218)κ
the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation.
(b) A provision as follows:
Misstatement of Age: If the age of the insured has been misstated, all amounts payable under this policy shall be such as the premium paid would have purchased at the correct age.
(c) A provision as follows:
Other insurance in This Insurer: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured be in force concurrently herewith, making the aggregate indemnity for ............................... (insert type of coverage or coverages) in excess of $.............................. (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to his estate.
Or, in lieu thereof:
Insurance effective at any one time on the insured under a like or like policies in this insurer is limited to the one such policy elected by the insured, his beneficiary or his estate, as the case may be, and the insurer will return all premiums paid for all other such policies.
(d) A provision as follows:
Insurance With Other Insurers: If there be other valid coverage, not with this insurer, providing benefits for the same loss on a provision of service basis or on an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability under any expense incurred coverage of this policy shall be for such proportion of the loss as the amount which would otherwise have been payable hereunder plus the total of the like amounts under all such other valid coverages for the same loss of which this insurer had notice bears to the total like amounts under all valid coverages for such loss, and for the return of such portion of the premiums paid as shall exceed the pro-rata portion for the amount so determined. For the purpose of applying this provision when other coverage is on a provision of service basis, the like amount of such coverage shall be taken as the amount which the services rendered would have cost in the absence of such coverage.
(If the foregoing policy provision is included in a policy which also contains the next following policy provision there shall be added to the caption of the foregoing provision the phrase expense incurred benefits. The insurer may, at its option, include in this provision a definition of other valid coverage, approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and by hospital or medical service organizations, and to any other coverage the inclusion of which may be approved by the commissioner. In the absence of such definition such term shall not include group insurance, automobile medical payments insurance, or coverage provided by hospital or medical service organizations or by union welfare plans or employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any workmens compensation or employers liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be other valid coverage of which the insurer has had notice.
κ1953 Statutes of Nevada, Page 276 (CHAPTER 215, AB 218)κ
to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any workmens compensation or employers liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be other valid coverage of which the insurer has had notice. In applying the foregoing policy provision no third party liability coverage shall be included as other valid coverage.)
(e) A provision as follows:
Insurance With Other Insurers: If there be other valid coverage, not with this insurer, providing benefits for the same loss on other than an expense incurred basis and of which this insurer has not been given written notice prior to the occurrence or commencement of loss, the only liability for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such loss as the like indemnities of which the insurer had notice (including the indemnities under this policy) bear to the total amount of all like indemnities for such loss, and for the return of such portion of the premium paid as shall exceed the pro-rata portion for the indemnities thus determined.
(If the foregoing policy provision is included in a policy which also contains the next preceding policy provision there shall be added to the caption of the foregoing provision the phrase other benefits. The insurer may, at its option, include in this provision a definition of other valid coverage, approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and to any other coverage the inclusion of which may be approved by the commissioner. In the absence of such definition such term shall not include group insurance, or benefits provided by union welfare plans or by employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefit provided for such insured pursuant to any compulsory benefit statute (including any workmens compensation or employers liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be other valid coverage of which the insurer has had notice. In applying the foregoing policy provision no third party liability coverage shall be included as other valid coverage.)
(f) A provision as follows:
Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the period of two (2) years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two (2) years as shall exceed the pro-rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of two hundred ($200) dollars or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time.
κ1953 Statutes of Nevada, Page 277 (CHAPTER 215, AB 218)κ
time such disability commences and for the return of such part of the premiums paid during such two (2) years as shall exceed the pro-rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of two hundred ($200) dollars or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time.
(The foregoing policy provision may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums, (1) until at least age 50 or, (2) in the case of a policy issued after age 44, for at least five (5) years from its date of issue. The insurer may, at its option, include in this provision a definition of valid loss of time coverage, approved as to form by the commissioner, which definition shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, or to any other coverage the inclusion of which may be approved by the commissioner or any combination of such coverages. In the absence of such definition such term shall not include any coverage provided for such insured pursuant to any compulsory benefit statute (including any workmens compensation or employers liability statute), or benefits provided by union welfare plans or by employer or employee benefit organizations.)
(g) A provision as follows:
Unpaid Premium: Upon payment of a claim under this policy, any premium then due and unpaid or covered by any not or written order may be deducted therefrom.
(h) A provision as follows:
Cancellation: The insurer may cancel this policy at any time by written notice delivered to the insured, or mailed to his last address as shown by the records of the insurer, stating when, not less than five (5) days thereafter, such cancellation shall be effective; and after the policy has been continued beyond its original term the insured may cancel this policy at any time by written notice delivered or mailed to the insurer, effective upon receipt or on such later date as may be specified in such notice. In the event of cancellation, the insurer will return promptly the unearned portion of any premium paid. If the insured cancels, the earned premium shall be computed by the use of the short rate table last filed with the state official having supervision of insurance in the state where the insured resided when the policy was issued. If the insurer cancels, the earned premium shall be computed pro-rata. Cancellation shall be without prejudice to any claim originating prior to the effective date of cancellation.
(i) A provision as follows:
Conformity With State Statutes: Any provision of this policy which, on its effective date, is in conflict with the statutes of the state in which the insured resides on such date is hereby amended to conform to the minimum requirements of such statutes.
(j) A provision as follows:
κ1953 Statutes of Nevada, Page 278 (CHAPTER 215, AB 218)κ
Illegal Occupation: The insurer shall not be liable for any loss to which a contributing cause was the insureds commission of or attempt to commit a felony or to which a contributing cause was the insureds being engaged in an illegal occupation.
(k) A provision as follows:
Intoxicants and Narcotics: The insurer shall not be liable for any loss sustained or contracted in consequence of the insureds being intoxicated or under the influence of any narcotic unless administered on the advice of a physician.
(C) Inapplicable or Inconsistent Provisions. If any provisions of this paragraph (3) is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy the insurer, with the approval of the commissioner, shall omit from such policy any inapplicable provision or part of a provision, and shall modify any inconsistent provision or part of the provision in such manner as to make the provision as contained in the policy consistent with the coverage provided by the policy.
(D) Order of Certain Policy Provisions. The provisions which are the subject of subparagraphs (A) and (B) of this paragraph, or any corresponding provisions which are used in lieu thereof in accordance with such subparagraphs shall be printed in the consecutive order of the provisions in such subparagraphs or, at the option of the insurer, any such provision may appear as a unit in any part of the policy, with other provisions to which it may be logically related, provided the resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued.
(E) Third Party Ownership. The word insured, as used in this section, shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein.
(F) Requirements of Other Jurisdictions.
(a) Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than the provisions of this section and which is prescribed or required by the law of the state under which the insurer is organized.
(b) Any policy of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of such state or country.
(G) Filing Procedure. The commissioner may make such reasonable rules and regulations concerning the procedure for the filing or submission of policies subject to this section as are necessary, proper or advisable to the administration of this section. This provision shall not abridge any other authority granted the commissioner by law.
(4) Conforming to Statute.
(A) Other Policy Provisions. No policy provision which is not subject to paragraph (3) of this section shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the provisions thereof which are subject to this section.
κ1953 Statutes of Nevada, Page 279 (CHAPTER 215, AB 218)κ
(B) Policy Conflicting With This Section. A policy delivered or issued for delivery to any person in this state in violation of this section shall be held valid but shall be construed as provided in this section. When any provision in a policy subject to this section is in conflict with any provision of this section, the rights, duties and obligations of the insurer, the insured and the beneficiary shall be governed by the provisions of this section.
(5) Age Limit. If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy will continue in force subject to any right of cancellation until the end of the period for which premium has been accepted. In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of such premium or premiums, then the liability of the insurer shall be limited to the refund, upon request of all premiums paid for the period not covered by the policy.
(6) Nonapplication to Certain Policies. Nothing in this act shall apply to or affect (1) any policy of workmens compensation insurance or any policy of liability insurance with or without supplementary expense coverage therein; or (2) any policy or contract of reinsurance; or (3) any blanket or group policy of insurance; or (4) life insurance, endowment or annuity contracts, or contracts supplemental thereto which contain only such provisions relating to accident and sickness insurance as (a) provide additional benefits in case of death or dismemberment or loss of sight by accident, or as (b) operate to safeguard such contracts against lapse, or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant shall become totally and permanently disabled, as defined by the contract or supplemental contract.
Sec. 4. Section 90 of the above-entitled act, being section 3656.90, 1929 N.C.L. 1941 Supp., is hereby repealed.
Sec. 5. There is hereby added to the above-entitled act, a new section to be known as section 90, to follow section 89, being section 3656.90, 1929 N.C.L. 1941 Supp., which shall read as follows:
Section 90. Application Form.
(A) The insured shall not be bound by any statement made in an application for a policy unless a copy of such application is attached to or endorsed on the policy when issued as a part thereof. If any such policy delivered or issued for delivery to any person in this state shall be reinstated or renewed, and the insured or the beneficiary or assignee of such policy shall make written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall within fifteen (15) days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request, a copy of such application. If such copy shall not be delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action or proceeding based upon or involving such policy or its reinstatement or renewal.
κ1953 Statutes of Nevada, Page 280 (CHAPTER 215, AB 218)κ
or proceeding based upon or involving such policy or its reinstatement or renewal.
(B) No alteration of any written application for any such policy shall be made by any person other than the applicant without his written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant.
(C) The falsity of any statement in the application for any policy covered by this act may not bar the right to recovery thereunder unless such false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.
(D) A policy, rider or endorsement, which could have been lawfully used or delivered or issued for delivery to any person in this state immediately before the effective date of this act may be used or delivered or issued for delivery to any such person during three (3) years after the effective date of this act without being subject to the provisions of paragraphs 2, 3 or 4 of section 88 of this act.
Sec. 6. This act shall become effective after passage and approval.
________
Senate Bill No. 76Senators Lovelock, Orr, Seevers, and Lemaire.
CHAPTER 216
AN ACT to amend an act entitled, An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a Motor Vehicle Fund, and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith, approved March 27, 1931.
[Approved March 25, 1953]
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 4435, 1929 N.C.L. 1941 Supp., as last amended by chapter 125, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 1. The following words and phrases when used in this act, shall, for the purpose of this act, have the meanings ascribed to them in this section except in those instances where the context clearly indicates a different meaning:
(a) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
κ1953 Statutes of Nevada, Page 281 (CHAPTER 216, SB 76)κ
excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(b) Motor Vehicle. Every vehicle as herein defined which is self-propelled.
(c) Motorcycle. Every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term tractor as herein defined.
(d) Truck Tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(e) Farm Tractor. Every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines and other implements of husbandry.
(f) Road Tractor. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load independently or any part of the weight of a vehicle or load so drawn.
(g) Trailer. Every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
(h) Semitrailer. Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests upon or is carried by another vehicle.
(i) Specially Constructed Vehicle. Any vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles.
(j) Essential Parts. All integral parts and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
(k) Reconstructed Vehicle. Any vehicle which shall have been assembled or constructed largely by means of essential parts, new or used, derived from other vehicles or makes of vehicles of various names, models or types, or which, if originally otherwise constructed, shall have been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles.
(l) Foreign Vehicle. Every motor vehicle, trailer or semitrailer which shall be brought into this state otherwise than in the ordinary course of business by or through a manufacturer or dealer and which shall have not been registered in this state.
(m) Pneumatic Tires. All tires inflated with compressed air.
(n) Solid Rubber Tires. Every tire made of rubber other than a pneumatic tire.
(o) Metal Tires. All tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
(p) Person. Every natural person, firm, copartnership, association or corporation.
(q) Owner. A person having the lawful use or control or the right to the use and control of a vehicle under a lease or otherwise for a period of ten or more successive days.
κ1953 Statutes of Nevada, Page 282 (CHAPTER 216, SB 76)κ
(r) Legal Owner. A person who holds the legal title of a vehicle or a mortgage thereon.
(s) Nonresident. Every person who is not a resident of this state, and who does not use his motor vehicle for a gainful purpose.
(t) Manufacturer. Every person engaged in the business of manufacturing motor vehicles, trailers or semitrailers.
(u) Dealer. Every person engaged in the business of buying, offering for sale, selling or exchanging vehicles in this state.
(v) Highway. Every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel. The term Highway shall not be deemed to include a roadway or driveway upon grounds owned by private persons, colleges, universities or other institutions.
(w) Department. The motor vehicles division of the public service commission.
(x) Commissioner. The chairman of the public service commission, who shall ex officio be the executive officer of the motor vehicle department.
Sec. 2. Section 11 of the above-entitled act, being section 4435.10, 1929 N.C.L. 1941 Supp., as last amended by chapter 218, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 11. The department in registering a vehicle, and upon the payment of the annual license fee as provided for in this act together with the payment of the personal property tax thereon (if such vehicle be subject to taxation in the State of Nevada) basing the assessed value of the vehicle upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year shall issue to the applicant a temporary certificate of registration valid fifteen days only, and not renewable, or a certificate of registration, together with the regular license plates. Upon the approval of the application by the commissioner he shall cause to be issued a certificate of ownership as hereinbefore provided for. Any law of the State of Nevada to the contrary notwithstanding, a new or used motor vehicle being registered for the first time shall be taxed pro rata on a monthly basis, upon the amount of time remaining in the year.
Sec. 3. Section 16 of the above-entitled act, being section 4435.15, 1929 N.C.L. 1941 Supp., as last amended by chapter 125, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 16. (a) A manufacturer of or dealer in vehicles in this state, owning or controlling any such new or used vehicles and operating them upon the public highways exclusively for the purpose of testing, demonstrating, offering for sale, or selling the same, in lieu of registering each such vehicle, shall, prior to testing, demonstrating, or offering to sell the same, make application upon an official blank provided for that purpose to the department for a dealers license and general distinguishing number or symbol; provided, that vehicles ordinarily used by the dealer or manufacturer in the conduct of his business as work, personal transportation, or service vehicles must be registered the same as any other like vehicle as provided in section 6 of this act; provided further, that no such manufacturer or dealer or any officer, employee or servant thereof, or any person within the third degree of consanguinity or affinity of any such officer, or manufacturer or dealer if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this act when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state, and any such person at the time of applying for registration certificates and license plates pursuant to the provisions of this act, shall make and file with the department an affidavit to the effect that no motor vehicle or vehicles for which the registration license is applied for will be used in such convoying or convoyed without complying with the said laws of the state relating to motor convoy carriers.
κ1953 Statutes of Nevada, Page 283 (CHAPTER 216, SB 76)κ
third degree of consanguinity or affinity of any such officer, or manufacturer or dealer if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this act when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state, and any such person at the time of applying for registration certificates and license plates pursuant to the provisions of this act, shall make and file with the department an affidavit to the effect that no motor vehicle or vehicles for which the registration license is applied for will be used in such convoying or convoyed without complying with the said laws of the state relating to motor convoy carriers.
(b) The application shall be upon a blank to be furnished by the department, and the applicant shall furnish such proof as the department may deem necessary that the applicant is a manufacturer or dealer, and entitled to register vehicles under the provisions of this section. The department, upon receipt of such application and when satisfied that the applicant is entitled thereto, shall issue to the applicant a certificate of registration containing the latters name and business address and the general distinguishing number or symbol assigned to him in such form and containing such further information as the department may determine, and every vehicle owned or controlled by such manufacturer or dealer, and permitted to be registered under a general distinguishing number, while being operated for the purpose of testing, demonstrating, offering for sale, or selling the same, shall be regarded as registered hereunder.
(c) The department shall also, upon receipt of such application, furnish to the manufacturer or dealer one or more pair of automobile plates or single plates for other vehicles registered by the applicant, and every such plate shall have displayed upon it the registration number which is assigned to the applicant, and may at the discretion of the department have a different letter or symbol on each pair of automobile plates and on each single plate for other vehicles.
(d) No such manufacturer or dealer shall operate any vehicle owned or controlled by him upon any public highway, or permit it to be so operated, unless number plates assigned to him are attached thereto in the manner hereinbefore specified in this act; provided, that it shall be lawful for such manufacturer or dealer to operate new vehicles without the said plates being attached thereto from the railroad depot, warehouse, or other place of storage to the place of business of such manufacturer or dealer where said depot, warehouse, or place of storage is within the same city or town or not more than five miles from said place of business.
(e) The department may, at its discretion, grant a temporary permit to operate a vehicle for which registration has been applied.
(f) Before any distinguishing number or symbol shall be furnished to a manufacturer or dealer as provided in this section, the department shall require that the applicant procure and file with the department a good and sufficient bond in the amount of five thousand dollars ($5,000) with corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general of the State of Nevada, and conditioned that applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this act.
κ1953 Statutes of Nevada, Page 284 (CHAPTER 216, SB 76)κ
within the State of Nevada, approved as to form by the attorney general of the State of Nevada, and conditioned that applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this act. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of five thousand dollars ($5,000). The undertaking of the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this act by the salesman of any licensed dealer acting for the dealer on his behalf and within the scope of the employment of such salesmen.
(g) A distinguishing dealer number or symbol shall not be applied for by, or furnished to, any dealer in new vehicles, trailers or semitrailers unless said dealer shall first furnish the department an instrument executed by or on behalf of the manufacturer certifying that the dealer is an authorized dealer for the make of vehicle concerned. An associate or sub-dealer, not operating under direct appointment or authorization by the manufacturer, shall furnish the department with an instrument executed by or on behalf of a dealer certified as herein provided, said instrument certifying that the associate or sub-dealer is an authorized associate or sub-dealer for the make of vehicle concerned.
(h) Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment for not less than twenty days or more than six months, or by both such fine and imprisonment.
Sec. 4. Section 23 of the above-entitled act, being section 4435.22, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 23. (a) The department shall rescind and cancel the registration of any vehicle which the department shall determine as unsafe or unfit to be operated or is not equipped as required by law.
(b) The department shall rescind and cancel the registration of a vehicle whenever the person to whom the registration card or registration number plates therefor have been issued shall make or permit to be made any unlawful use of the same or permit the use thereof by a person not entitled thereto.
(c) Whenever any vehicle is dismantled, junked, or rendered inoperative and unfit for further use in accordance with the original purpose for which it was constructed, the owner shall return the certificate of ownership and the certificate of registration to the department, and the department shall rescind and cancel the said certificates. Any owner who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor, and subject to the provisions of subparagraph (h) section 16 of this act.
Sec. 5. Section 26 of the above-entitled act, being section 4435.25, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 26. There shall be paid to the department for the registration of vehicles permitted by this act to be registered under a general distinguishing number assigned to a manufacturer of or dealer in vehicles, in lieu of any other fees specified in this act; and such fees shall be paid at the time application is made for registration and for additional plates according to the following schedule:
κ1953 Statutes of Nevada, Page 285 (CHAPTER 216, SB 76)κ
shall be paid at the time application is made for registration and for additional plates according to the following schedule:
(a) For the registration of motor vehicles other than motorcycles:
For the first two sets of number plates and dealers license.......... $30
For each additional set of number plates........................................... 2
(b) For the registration of motorcycles:
For the first plate.................................................................................... $5
For each additional number plate........................................................ 1
(c) For the registration of trailers and semitrailers:
For the first plate.................................................................................... $5
For each additional number plate........................................................ 1
Sec. 6. Section 27 of the above-entitled act, being section 4435.26, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 27. (a) Upon the transfer of registration of a motor vehicle, trailer or semitrailer requiring the writing and issuance of a new certificate of registration and ownership by the department there shall be paid a transfer fee of one dollar.
(b) Whenever any certificate of registration or ownership or container for a registration certificate or number plate shall be lost or destroyed and a duplicate thereof shall be issued upon application the following fees shall be paid:
For a certificate of registration or ownership..................................... $1.00
For a container for registration certificate.......................................... .25
For every number plate......................................................................... 1.00
Sec. 7. Section 30 of the above-entitled act, being section 4435.29, 1929 N.C.L. 1941 Supp., as last amended by chapter 134, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 30. (a) There is hereby created in the state treasury a fund which shall be known as the Motor Vehicle Fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this act in such motor vehicle fund.
(b) Funds for the administration of the provisions of this act shall be provided by direct legislative appropriation from the highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay each and every item of expense which may be properly charged against the department, including the salaries of the clerks employed in said department. All claims for such expenses and salaries shall be certified to the board of examiners and paid as other claims against the state are paid.
(c) In addition to the foregoing the department will, at the end of the year, certify claims to the board of examiners in favor of each and every county of the state to the amount of seventy-five cents for each and every registration issued in that county; the amount shall be placed in the general road fund by the treasurer.
(d) To meet the requirements of the Nevada Highway Bond Redemption Fund, as defined by section 6 of an act entitled, An act authorizing the board of examiners to issue and sell bonds to provide money to pay a portion of the cost of constructing a state highway system, and providing for the payment of said bonds, approved March 28, 1919, and all subsequent acts relating thereto, the state controller is hereby authorized and directed to make the necessary transfer.
κ1953 Statutes of Nevada, Page 286 (CHAPTER 216, SB 76)κ
(e) When the foregoing requirements have been met the state controller shall transfer at the end of each quarter-year to the state highway fund any balance in the motor vehicle fund.
(f) The Motor Vehicle Refund Revolving Fund is hereby created, and may be used for the refund of overpayments and erroneous payments of fees collected by the department, and for no other purposes. For the purpose of providing the Motor Vehicle Refund Revolving Fund herein created, there is hereby appropriated from the Motor Vehicle Fund the sum of $300.
Sec. 8. This sum shall be effective upon passage and approval.
________
Assembly Bill No. 217Mr. Walters.
CHAPTER 217
AN ACT to amend an act entitled, An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 60 of the above-entitled act, as last amended by chapter 310, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 60. Fees and Charges.
(1) The commissioner shall charge, collect and give proper acquittances for the payment, the following fees and charges:
(a) For filing each power of attorney, five ($5) dollars.
(b) For an annual license to each fire insurance company to transact business throughout this state, one hundred ($100) dollars.
(c) For an annual license to each life insurance company to transact business throughout this state, one hundred ($100) dollars.
(d) For annual license to each life and accident insurance company to transact business throughout this state, one hundred ($100) dollars.
(e) For an annual license to each casualty and surety company to transact business throughout this state, one hundred ($100) dollars.
(f) For an annual license to each underwriters agency, for each company represented in such agency, twenty-five ($25) dollars.
κ1953 Statutes of Nevada, Page 287 (CHAPTER 217, AB 217)κ
(g) For filing annual company statement, ten ($10) dollars.
(h) For issuing agents license, two ($2) dollars.
(i) For issuing solicitors license, two ($2) dollars.
(j) For issuing nonresident brokers license, fifty ($50) dollars.
(k) For issuing any other certificate required or permissible under the law, one ($1) dollar.
(l) For issuing nonresident agent license, ten ($10) dollars. Applicants for nonresident agents license or for nonresident brokers license residing within a 50 mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, shall pay the resident fee of two ($2) dollars.
(m) For issuing brokers license, twenty-five ($25) dollars.
(2) The possession of a license, under the provisions of this act, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses required to solicit insurance business within the State of Nevada.
(3) The amount of the expense incurred in the examination of the conditions and affairs of any company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of examiner, commissioner or other department representative.
(4) At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of two ($2) dollars, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.
Sec. 2. This act shall be effective upon passage and approval.
________
Assembly Bill No. 215Mr. Walters.
CHAPTER 218
AN ACT to amend an act entitled, An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 51 of the above-entitled act, being section 3656.50, 1929 N.C.L.
κ1953 Statutes of Nevada, Page 288 (CHAPTER 218, AB 215)κ
3656.50, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 51. Investments in Securities. (1) Any domestic company may invest in the following securities:
(a) Bonds or securities which are the direct obligations of the United States or which are secured or guaranteed as to principal and interest by the United States and in bonds issued by the federal land banks;
(b) Bonds or evidences of indebtedness which are direct obligations of, or secured by the full faith and credit of, any state of the United States or the District of Columbia where there exists the power to levy taxes for the prompt payment of the principal and interest of such bonds or evidences of indebtedness; provided, that such state or district shall not be in default in the payment of principal or interest on any bonds or other evidences of indebtedness at the date of such investment.
(c) Bonds or evidences of indebtedness which are direct general obligations of any county, city, town, village, school district, sanitary district, part district, or other political subdivision or municipal corporation of any state of the United States or District of Columbia which shall not be in default in the payment of any of its general obligation bonds, either principal or interest, at the date of such investment; where they are payable from ad valorem taxes levied on all the taxable property located therein and the total indebtedness after deducting sinking funds and all debts incurred for self-sustaining public works does not exceed ten (10%) percent of the actual value of all taxable property therein on the basis of which the last assessment was made before the date of such investment; provided, no such investment shall be made in obligations which are secured only by special assessments or local improvements.
(d) Bonds or other obligations which are payable from revenues or earnings specifically pledged therefor of a public utility, state or municipally owned, either directly or through any civil division, authority or public instrumentality of a state or municipality; provided, that the laws of the state or municipality authorizing the issuance of such bonds or other obligations require that rates for service shall be fixed, maintained, and collected at all times so as to produce sufficient revenue or earnings to pay all operating and maintenance charges and both principal and interest of such bonds or obligations; and provided further, that no such bonds or other obligations shall be in default at the date of such investment. No company shall invest more than twenty-five (25%) percent of its admitted assets in bonds or other obligations described in this clause (d).
(e) Entire first mortgages on improved unencumbered real estate or the entire issue of bonds secured thereby located within this state and worth at least fifty (50%) percent more than the amount loaned thereon, said worth to be substantiated by the appraisal of three (3) landowners, or by a recognized and experienced real estate appraiser, which the commissioner may accept if he is satisfied that said appraisers are competent and disinterested; and before making such investment a certificate of the value of such property, based on such appraisal, shall be executed by the board of directors or by an investment committee of the board of directors making or authorizing such investment on behalf of the company; provided, there is and has been no default in the payment of any part of the principal and there is no default in interest; and provided further, that the investment in any one mortgage or any one issue of bonds does not exceed ten thousand ($10,000) dollars or two (2%) percent of the companys admitted assets, whichever is the greater.
κ1953 Statutes of Nevada, Page 289 (CHAPTER 218, AB 215)κ
shall be executed by the board of directors or by an investment committee of the board of directors making or authorizing such investment on behalf of the company; provided, there is and has been no default in the payment of any part of the principal and there is no default in interest; and provided further, that the investment in any one mortgage or any one issue of bonds does not exceed ten thousand ($10,000) dollars or two (2%) percent of the companys admitted assets, whichever is the greater.
By improved real estate as used in this clause (e) is meant all farm land which has been reclaimed and is used for the purpose of husbandry, whether for tillage or pasture, and all real property within the limits of an incorporated village, town, or city on which permanent buildings suitable for residence or commercial use are situated.
Real property for the purposes of this clause (e) shall not be deemed to be encumbered within the meaning of this section by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in walls, nor by reason of building restrictions or other restrictive covenants, nor by reason of the fact that it is subject to lease under which rents or profits are reserved to the owner; provided, that the security for such investment is a full and unrestricted first lien upon such real property and that there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated, or otherwise disturbed.
Notwithstanding the restrictions herein set forth, any domestic company may invest in bonds or notes secured by mortgage or trust deed insured by the federal housing administrator, or in debentures issued by him under the terms of an act of congress of the United States entitled the National Housing Act, and in securities issued by national mortgage associations established by or under the authority of the national housing act.
No such domestic company shall in any manner, either directly or indirectly, by means of corporations, holding companies, trustees or otherwise, invest in real estate securities junior to first mortgages. Such domestic company shall not invest in excess of fifty (50%) percent of its admitted assets in the securities described in this clause (e).
(f) Bonds or evidences of indebtedness issued or guaranteed by any railroad corporation or corporations (other than those organized and chartered for the sole purpose of holding stocks of other corporations) created under the laws of the United States or of any of the states of the United States or the District of Columbia or the Dominion of Canada, or any certificates of any equipment trust created on behalf of any such railroad corporation; provided, that such bonds or certificates have not been in default as to principal or interest payments during any of the five (5) years next preceding the date of such investment, or during the tenure of such issue if issued less than five (5) years prior to such investment; and provided further, that no company shall invest in any one issue of such bonds, certificates or evidences of indebtedness an amount in excess of ten (10%) percent of any one such issue, nor more than an amount equal to ten (10%) percent of such companys admitted assets in any one issue.
κ1953 Statutes of Nevada, Page 290 (CHAPTER 218, AB 215)κ
Such domestic company shall not invest in excess of twenty (20%) percent of its admitted assets in bonds, certificates or evidences of indebtedness described in this clause (f).
(g) Bonds or evidences of indebtedness of any solvent public utility corporation or corporations (other than those organized and chartered for the sole purpose of holding the stocks of other corporations) created under the laws of the United States or of any of the states of the United States or the District of Columbia or the Dominion of Canada; provided, that such bonds or evidence of indebtedness are not in default either as to principal or interest; and provided, no company shall invest in any one issue of such bonds or evidences of indebtedness an amount in excess of ten (10%) percent of any one such issue, nor more than amount equal to ten (10%) percent of the companys admitted assets in any one issue.
Such domestic company shall not invest in excess of twenty-five (25%) percent of its admitted assets in bonds or other evidences of indebtedness described in this clause (g).
(h) Bonds or evidences of indebtedness issued by any solvent corporation or corporations (other than those owned or chartered for the sole purpose of holding stocks of other corporations) created under the laws of the United States or any of the states of the United States or the District of Columbia or the Dominion of Canada; provided, that no company shall invest in any such bonds or evidences of indebtedness in excess of ten (10%) percent of any issue of such bonds or evidences of indebtedness, nor more than an amount equal to ten (10%) percent of a domestic companys admitted assets in any issue; provided further, that such bonds or evidences of indebtedness are not in default at the time of purchase and have not been in default for a period of five (5) consecutive years preceding the date of purchase, either as to principal or interest.
Such domestic company shall not invest in excess of twenty (20%) percent of its admitted assets in bonds or other evidences of indebtedness described in this clause (h).
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 291κ
Assembly Bill No. 216Mr. Walters.
CHAPTER 219
AN ACT to amend an act entitled, An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 72 of the above-entitled act, being section 3656.72, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 72. (1) Reinsurance Authorized and Reserve Credits. Subject to the provisions of this article, any domestic company may, by a reinsurance agreement, accept any part or all of any risks of the kind which it is authorized to insure and it may cede all or any part of its risks to another solvent company authorized to do business in this state having the power to make such reinsurance, or an unauthorized solvent company approved by the commissioner upon a showing by a ceding company that it is unable readily to procure such reinsurance on reasonable terms with an authorized company.
(2) No credit shall be allowed as an admitted asset or as a deduction from liability, to any ceding insurer for reinsurance made, ceded, renewed, or otherwise becoming effective after the effective date of this act, unless the reinsurance shall be payable by the assuming insurer on the basis of the liability of the ceding insurer under the contract or contracts reinsured without diminution because of the insolvency of the ceding insurer. Such reinsurance agreement may provide that the liquidator or receiver or statutory successor or an insolvent ceding insurer shall give written notice of the pendency of a claim against the insolvent ceding insurer on the policy or bond reinsured within a reasonable time after such claim is filed in the insolvency proceeding and that during the pendency of such claim any assuming insurer may investigate such claim and interpose, at its own expense, in the proceeding where such claim is to be adjudicated any defense or defenses which it may deem available to the ceding company or its liquidator or receiver or statutory successor. The expense thus incurred by the assuming insurer shall be chargeable subject to court approval against the insolvent ceding insurer as part of the expense of liquidation to the extent of a proportionate share of the benefit which may accrue to the ceding insurer solely as a result of the defense undertaken by the assuming insurer.
κ1953 Statutes of Nevada, Page 292 (CHAPTER 219, AB 216)κ
which may accrue to the ceding insurer solely as a result of the defense undertaken by the assuming insurer.
Where two or more assuming insurers are involved in the same claim and a majority in interest elect to interpose defense to such claim, the expense shall be apportioned in accordance with the terms of the reinsurance agreement as though such expense had been incurred by the ceding company.
Sec. 2. This act shall be effective after passage and approval.
________
Assembly Bill No. 40Mr. Ryan.
CHAPTER 220
AN ACT to amend an act entitled, An act creating an industrial insurance commission; providing for the creating and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 59 of the above-entitled act is hereby amended to read as follows:
Section 59. Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in the course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation:
(a) If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:
(1) Burial expenses, not to exceed three hundred fifty dollars ($350), in addition to the compensation payable under this act. When the remains of the deceased is to be transported to a mortuary or mortuaries, and the distance is over fifteen (15) miles, the charge of their transportation shall be borne by the Nevada industrial commission subject to their approval.
(2) To the widow, if there is no child, fifty (50) per centum of the average wage of the deceased. This compensation shall be paid until her death or remarriage, within two years compensation, in one sum upon remarriage.
(3) To the widower, if there is no child, forty (40) per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death.
κ1953 Statutes of Nevada, Page 293 (CHAPTER 220, AB 40)κ
upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with two years compensation in one sum upon remarriage.
(4) To the widow or widower, if there is a child or children, the compensation payable under clause (1) or clause (2), and the additional amount of fifteen (15) per centum of such wage for each such child until the age of eighteen (18) years. In case of the subsequent death of such surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to said surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he shall reach the age of eighteen (18) years; provided, that the total amount payable shall in no case exceed eighty (80) percent of such wage. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen (18) years, or if over eighteen years and incapable of self-support, becomes capable of self-support.
(5) If there be a surviving child or children of the deceased under the age of eighteen (18) years, but no surviving wife (or dependent husband), then for the support of each child until the age of eighteen (18) years, thirty (30) per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed ninety (90) per centum of such wages.
(6) If there be no surviving wife (or dependent husband) or child under the age of eighteen (18) years, there shall be paid:
(i) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, thirty (30) per centum of the average monthly wage of the deceased during dependency;
(ii) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, fifty (50) per centum of the average monthly wage of the deceased during dependency;
(iii) To each brother or sister until the age of eighteen (18) years if wholly dependent for support upon the deceased employee at the time of injury causing his death, thirty (30) per centum of the average monthly wage of the deceased during dependency; provided, however, that the aggregate compensation payable pursuant to (i), (ii) and (iii) herein shall in no case exceed eighty (80) per centum of the average monthly wage of the deceased during dependency.
(7) In all other cases, question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death.
κ1953 Statutes of Nevada, Page 294 (CHAPTER 220, AB 40)κ
the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case exceed compensation for one hundred (100) months.
(8) Compensation to the widow or widower shall be for the use and benefit of such widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only fifty percent (50%) of the amount or amounts above specified.
(9) Any excess of wages over $200 a month shall not be taken into account in computing compensation for death benefits.
(10) In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.
(11) In case of the death of any dependent specified in the foregoing enumeration, before the expiration of the time named in the award, funeral expenses not to exceed three hundred fifty dollars ($350) shall be paid.
(b) Temporary Total Disability. During the period of temporary total disability, but in no event for more than one hundred (100) months, eighty (80) per centum of the average monthly wage or one of the following specific compensations, whichever is the lesser:
(i) If there be no one residing in the United States totally dependent upon the workman at the time of injury, $125 monthly;
(ii) If there be only one person residing in the United States totally dependent upon the workman at the time of the injury, $135 monthly;
(iii) If there be only two persons residing in the United States totally dependent upon the workman at the time of injury, $155 monthly;
(iv) If there be three or more persons residing in the United States totally dependent upon the workman at the time of injury, $165 monthly.
(c) Permanent Total Disability. In cases of total disability adjudged to be permanent, compensation of 80% of the average monthly wage, but not less than $50 per month, nor more than $80 per month, during the life of the injured person; provided, in cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of $50 per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of section 58 of this act.
(d) All compensation payments after June 30, 1953, to permanently totally disabled persons, widows, and dependents, by reason of injuries or death arising out of and in the course of employment of employees under the provisions of this act, as amended, shall be paid currently according to the rates provided by this act, as amended from time to time, whether the injury or death occurred before or after June 30, 1953, and the commission shall adjust current and lump-sum payments accordingly; provided, the rates of compensation shall not operate retroactively for any period before June 30, 1953, except in commutation of lump-sum payments.
κ1953 Statutes of Nevada, Page 295 (CHAPTER 220, AB 40)κ
under the provisions of this act, as amended, shall be paid currently according to the rates provided by this act, as amended from time to time, whether the injury or death occurred before or after June 30, 1953, and the commission shall adjust current and lump-sum payments accordingly; provided, the rates of compensation shall not operate retroactively for any period before June 30, 1953, except in commutation of lump-sum payments.
Sec. 2. Section 61 of the above-entitled act is hereby amended to read as follows:
Section 61. Temporary Partial Disability. For temporary partial disability, sixty percent (60%) of the difference between the wages earned before the injury and the wages which the injured person is able to earn thereafter, but not more than fifty dollars ($50) per month for a period not to exceed sixty (60) months during the period of disability. For the purpose of this provision any excess of wages over $200 per month shall not be taken into account in computing compensation for temporary partial disability.
Sec. 3. Section 62 of the above-entitled act as amended by chapter 323, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 62. In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and, in addition to the compensation paid for temporary total disability, compensation of fifty percent (50%) of the average monthly wage, subject to a minimum of $50 per month and a maximum of $90 per month, shall be paid for the period named in the following schedule:
1. For the loss of a thumb, fifteen (15) months.
2. For the loss of a first finger, commonly called the index finger, nine (9) months.
3. For the loss of a second finger, seven (7) months.
4. For the loss of a third finger, five (5) months.
5. For the loss of a fourth finger, commonly called the little finger, four (4) months.
6. For the loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third, or fourth finger, shall be considered a permanent partial disability, and equal to the loss of one half of such thumb or finger, and compensation shall be one half of the amount specified for the loss of the entire thumb or finger.
7. The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb; provided, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand.
8. For the loss of a great toe, seven (7) months.
9. For the loss of one of the other toes, other than the great toes, two and one half (2 1/2) months.
10. However, the loss of the first phalange of any toe shall be considered to be equal to the loss of one half of such toe, and compensation shall be one half of the amount specified.
11. The loss of more than one phalange shall be considered as the loss of the entire toe.
κ1953 Statutes of Nevada, Page 296 (CHAPTER 220, AB 40)κ
12. For the loss of a major hand, fifty (50) months; for the loss of a minor hand, forty (40) months. For the purpose of this act, the hand shall be considered as that portion below the junction of the middle and lower thirds of the forearm.
13. For the loss of a major arm, sixty (60) months; for the loss of a minor arm, fifty (50) months.
14. For the loss of a foot, forty (40) months. For the purpose of this act, a foot shall be considered as that portion below the junction of the middle and lower thirds of the leg.
15. For the loss of a leg, fifty (50) months.
16. For the loss of an eye by enucleation, thirty (30) months.
17. The permanent and complete loss of sight in one eye without enucleation, twenty-five (25) months.
18. For permanent and complete loss of hearing in one ear, twenty (20) months.
19. For permanent and complete loss of hearing in both ears, sixty (60) months.
20. The permanent and complete loss of the use of a finger, toe, arm, hand, foot, or leg may be deemed the same as the loss of any such member by separation.
21. For the partial loss of use of a finger, toe, arm, hand, foot, leg, or partial loss of sight or hearing, fifty (50) percent of the average monthly wage during that proportion of the number of months in the foregoing schedule provided for the complete loss of use of such member, or complete loss of sight or hearing, which the partial loss of use thereof bears to the total loss of use of such member or total loss of sight or hearing.
22. Facial Disfigurement: For permanent disfigurement above the head or face, the commission may allow such sum for compensation thereof as it may deem just in accordance with the proof submitted, for a period not to exceed twelve (12) months.
Sec. 4. Section 63 of the above-entitled act, as amended by chapter 323, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 63. (a) In all cases of permanent partial disability, not otherwise specified in section 62, the percentage of disability to the total disability shall be determined by the commission. For the purpose of computing compensation for a disability that is partial in character but permanent in quality the period of one (1) month shall represent a one (1) percent disability, and, in addition to the compensation paid for temporary total disability, compensation of fifty (50) per centum of the average monthly wage, subject to a minimum of $50 and a maximum of $90 per month, shall be paid for the period so determined.
(b) In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury.
1. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
κ1953 Statutes of Nevada, Page 297 (CHAPTER 220, AB 40)κ
computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
2. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.
________
Assembly Bill No. 38Mr. Ryan.
CHAPTER 221
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 25, 1953]
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 2800.18, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 18. Every employer within the provisions of this act, and those employers which shall accept the terms of this act and be governed by its provisions, as herein provided, shall provide and secure compensation according to the terms, conditions and provisions of this act for any and all occupational diseases sustained by an employee, arising out of and in the course of the employment; and in such cases the employer shall be relieved from other liability for recovery of damages, or other compensation for such occupational disease, unless by the terms of this act otherwise provided. If an employer of two (2) or more persons shall fail to provide and secure compensation in accordance with this act, in such case such employer shall not escape liability for occupational disease sustained by an employee of such employer when the disease sustained arises out of and in the course of employment, because:
(1) The employee assumed the risks inherent or incidental to, or arising out of, his employment; or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selecting reasonably competent employees in the business;
(2) The disease was caused by the negligence of a coemployee;
(3) The employee was negligent, unless and except it shall appear that such negligence was willful and with intent to cause the occupational disease, or the result of intoxication on the part of the disabled party;
κ1953 Statutes of Nevada, Page 298 (CHAPTER 221, AB 38)κ
that such negligence was willful and with intent to cause the occupational disease, or the result of intoxication on the part of the disabled party;
(4) In actions by an employee against an employer for occupational disease sustained arising out of and in the course of the employment where the employer has not provided compensation under this act, it shall be presumed that the disablement of the employee was the first result and growing out of the negligence of the employer, and that such negligence was the proximate cause of the disease; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence.
Sec. 2. Section 22 of the above-entitled act, being section 2800.22, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 22. If any employer having two (2) or more employees in his service fails to provide and secure compensation under this act, any employee contracting an occupational disease as herein provided, or, in case of death, his dependents, may bring an action at law against such employer for damages as if this act did not apply; provided further, that such employer shall also be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars ($100), nor more than five hundred dollars ($500) for each offense.
Sec. 3. Section 26 of the above-entitled act, being chapter 177, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 26. (a) The occupational diseases hereinafter defined shall be deemed to arise out of and in the course of the employment, only when such disease was contracted within twelve (12) months previous to the date of the disablement, and if there is a direct causal connection between the conditions under which the work is performed and the occupational diseases, and which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment, and which can be fairly traced to the employment as the proximate cause, and which does not come from a hazard to which workmen would have been equally exposed outside of the employment. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. The disease need not have been foreseen or expected, but after its contraction must appear to have had its origin in a risk connected with the employment, and to have flowed from that source as a natural consequence.
(b) The following diseases as well as other occupational diseases defined in subdivision (a) of this section shall be considered occupational diseases and shall be compensable as such, when contracted by an employee and when arising out of and in the course of the employment in any process described herein.
Schedule
|
Description of Disease or Injury |
Description of Process |
|
1. Anthrax.............................................. |
Handling of livestock wool, hair, bristles, hides and skins. |
κ1953 Statutes of Nevada, Page 299 (CHAPTER 221, AB 38)κ
|
Description of Disease or Injury |
Description of Process |
|
2. Glanders............................................... |
Care of any equine animal suffering from glanders; handling carcass of such animal. |
|
3. Lead poisoning................................... |
Any process involving the production or use of lead or its preparations or compounds. |
|
4. Mercury poisoning............................ |
Any process involving the production or use of mercury or its preparations or compounds. |
|
5. Phosphorous poisoning.................... |
Any process involving the production or use of phosphorous, or its preparations or compounds. |
|
6. Arsenic poisoning.............................. |
Any process involving the production or use of arsenic or its preparations or compounds. |
|
7. Poisoning by chlorine........................ |
Any process involving the production or use of chlorine or its preparations or compounds. |
|
8. Poisoning by gasoline, benzine, naptha, or other volatile petroleum products.......................................... |
Any process involving the production or use of gasoline, benzine, naphtha, or other volatile petroleum products. |
|
9. Poisoning by carbon bisulphide...... |
Any process involving the production or use of carbon bisulphide or its preparations or compounds. |
|
10. Poisoning by wood alcohol............ |
Any process involving the production or use of wood alcohol or its preparations. |
|
11. Infection or inflammation of the skin on contact surfaces due to oils, cutting compounds or lubricants, dust, liquids, fumes, gases, or vapors......................................... |
Any process involving the production, handling or use of oils, cutting compounds or lubricants, or involving contact with dust, liquids, fumes, gases or vapors. |
|
12. Epithelioma cancer or ulceration of the skin or of the corneal surface of the eye due to carbon, pitch, tar or tarry compounds production...................................... |
Handling or industrial use of carbon, pitch, or tarry compounds. |
κ1953 Statutes of Nevada, Page 300 (CHAPTER 221, AB 38)κ
|
Description of Disease or Injury |
Description of Process |
|
13. Compressed air illness..................... |
Any work process carried on in compressed air. |
|
14. Carbon monoxide poisoning........... |
Any process involving the evolution of or resulting in the escape of carbon monoxide. |
|
15. Brass or zinc poisoning................... |
Any process involving the manufacture, founding or refining of brass or the melting or smelting of zinc. |
|
16. Manganese dioxide poisoning....... |
Any process involving the grinding or milling of manganese dioxide or the escape of manganese dioxide dust. |
|
17. Radium poisoning............................ |
Any process involving the production or use of radium and other radio active substances, in luminous paint. |
|
18. Tenosynovitis and prepatellar bursitis.......................................................... |
Primary tenosynovitis characterized by a passive effusion or crepitus into the tendon sheath of the flexor or extensor muscles of the hand, due to frequently repetitive motions or vibration, or prepatellar bursitis due to continued pressure. |
|
19. Chrome ulceration of the skin or nasal passages.......................................................... |
Any process involving the production or use of or direct contact with chromic acid or bichromates of ammonium, potassium or sodium or their preparations. |
|
20. Potassium cyanide poisoning........ |
Any process involving the production or use of or direct contact with potassium cyanide. |
|
21. Sulphur dioxide poisoning.............. |
Any process in which sulphur dioxide gas is evolved by the expansion of liquid sulphur dioxide. |
|
22. Poisoning flour, burned grease, bakery and kitchen fumes, and other food products.............. |
Any process involving the production of or the use of flours for baking purposes, greases used in cooking, and other products used in cafes and bakeries, causing or tending to cause what is commonly called bakers disease, bakers asthma, or bakers tuberculosis. |
κ1953 Statutes of Nevada, Page 301 (CHAPTER 221, AB 38)κ
|
Description of Disease or Injury |
Description of Process |
|
23. Silicosis. (Silicosis shall mean a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules, distributed through the lungs and demonstrated by X-ray examination or by autopsy.).................................. |
|
No compensation shall be paid in case of silicosis unless during the ten years immediately preceding the disablement or death the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than four (4) years in employment in Nevada, some portion of which shall have been after the effective date of this act.
Compensation, medical, hospital, and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of the Nevada industrial insurance act, and only in the event of such disability or death resulting within two (2) years after the last injurious exposure; provided, that in the event of death following continuous total disability commencing within two (2) years after the last injurious exposure, the requirement of death within two (2) years after the last injurious exposure shall not apply; provided further, that the maximum compensation payable, exclusive of medical and funeral benefits for death or disability due to silicosis, shall not exceed the sum of $7,000 and provided further, that hospital, nursing and medical benefits shall be limited to an amount not exceeding the sum of $1,250.
Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the industrial commission within one (1) year after total disability began or within six (6) months after death.
Nothing in this act shall entitle an employee or his dependents to compensation, medical, hospital, and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
________
κ1953 Statutes of Nevada, Page 302κ
Assembly Bill No. 347Mr. Castle (by request).
CHAPTER 222
AN ACT providing for the destruction of accumulated and noncurrent records on file in the offices of the Nevada industrial commission.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the written approval of all three commissioners, it shall be unlawful for the Nevada industrial commission to destroy or cause the destruction of accumulated and noncurrent detail records such as payroll reports, checks, claims and other records of similar importance for the period July 1, 1913, to January 1, 1947; provided, that claims from January 1, 1940, shall first be microfilmed; and provided further, that a brief inventory of the destroyed records shall be retained.
Sec. 2. At the end of each fiscal year beginning with June 30, 1953, and thereafter, the commissioners may authorize the destruction of the detail records described and in the same manner as provided herein for the sixth preceding fiscal year.
Sec. 3. The principal records, such as the general and regular journals, general ledgers and minutes of the commission shall not be destroyed but shall be retained intact for the period from January 1, 1913.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 35Senator Lattin.
CHAPTER 223
AN ACT to amend an act entitled, An act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 88 of the above-entitled act, being section 88 of chapter 168, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 88. The commission may, pursuant to a resolution of the commission, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, invest any of the surplus or reserve of said funds in farm mortgage loans fully insured and guaranteed by the farmers home administration of the United States department of agriculture, in bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, in the bonds of this or other states, in the bonds of any county of the State of Nevada, or other states, in bonds of incorporated cities, irrigation and drainage districts, and school districts of the State of Nevada.
κ1953 Statutes of Nevada, Page 303 (CHAPTER 223, SB 35)κ
surplus or reserve of said funds in farm mortgage loans fully insured and guaranteed by the farmers home administration of the United States department of agriculture, in bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, in the bonds of this or other states, in the bonds of any county of the State of Nevada, or other states, in bonds of incorporated cities, irrigation and drainage districts, and school districts of the State of Nevada. The commission shall make due and diligent inquiry as to the financial standing of the state or states, county or counties, city or cities, school district or school districts, and irrigation or drainage district or districts, whose bonds or securities it proposes to purchase, and shall also require the attorney general to give his legal opinion in writing as to the validity of any act or acts of any state or county or city or school district, irrigation or drainage district under which such bonds are issued.
All such bonds or securities shall be placed in the hands of the state treasurer, who shall be the custodian thereof. He shall collect the principal and interest thereon when due, and pay the same into the state insurance fund. He shall notify the commission of the amounts so paid into the state insurance fund, giving full details of the transaction. The state treasurer shall pay all vouchers drawn on the state insurance fund for the making of such investments, when signed by a member of the commission and countersigned by the commission auditor or other bonded employees of said commission, upon delivery of such bonds or securities to him when there is attached to such vouchers a copy of the resolution of the commission authorizing the investment, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, said copy to be certified by the secretary of the commission under seal of the commission. The commission may, at any time upon its resolution, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, sell or otherwise dispose of any of the bonds or securities so purchased.
Sec. 2. This act shall be effective upon passage and approval.
________
Senate Bill No. 34Senator Lattin.
CHAPTER 224
AN ACT to amend an act entitled, An act to create a state board of finance, defining its powers and duties, and other matters connected therewith, and repealing all acts and parts of acts in conflict herewith, approved March 25, 1919.
[Approved March 25, 1953]
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 adding a new section immediately after section 5, to read as follows:
Section 5a. In addition to the powers conferred upon the state board of finance elsewhere in this act, the board shall have the power and authority to invest any available moneys in the state treasury, other than those in the state permanent school fund and those in the Nevada industrial insurance fund, in farm mortgage loans fully insured and guaranteed by the farmers home administration of the United States department of agriculture.
κ1953 Statutes of Nevada, Page 304 (CHAPTER 224, SB 34)κ
authority to invest any available moneys in the state treasury, other than those in the state permanent school fund and those in the Nevada industrial insurance fund, in farm mortgage loans fully insured and guaranteed by the farmers home administration of the United States department of agriculture.
Sec. 2. This act shall be effective immediately upon passage and approval.
________
Senate Bill No. 36Senator Lattin.
CHAPTER 225
AN ACT to amend an act entitled, An act to create a state board of investments of the state permanent school fund, defining its powers and duties, and other matters properly connected therewith, and repealing all acts and parts of acts in conflict herewith, approved March 24, 1917, as amended.
[Approved March 25, 1953]
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 adding a new section immediately after section 2, to read as follows:
Section 2a. The state board of investments shall have the power and authority to invest any available money in the state permanent school fund in farm mortgage loans fully insured and guaranteed by the farmers home administration of the United States department of agriculture.
Sec. 2. This act shall be effective immediately upon passage and approval.
________
Assembly Bill No. 95Messrs. Davis, Adams, and Houghton.
CHAPTER 226
AN ACT to amend an act entitled, An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto, approved March 24, 1915, as amended.
[Approved March 25, 1953]
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 2749, 1929 N. C. L., as last amended by chapter 64, Statutes of Nevada 1941, is hereby amended to read as follows:
Section 1. There is hereby created the office of labor commissioner, which commissioner shall be appointed by the governor. Said commissioner shall receive as compensation for his services a salary as provided by law, payable in semimonthly installments out of the state treasury of Nevada as other salaries are paid. Said commissioner may employ stenographic or clerical help not to exceed $3,600 per annum, and statistical assistant not to exceed $450 per annum.
κ1953 Statutes of Nevada, Page 305 (CHAPTER 226, AB 95)κ
annum, and statistical assistant not to exceed $450 per annum. Said labor commissioner shall be entitled to receive from the state, when travel is necessary in the performance of his official duty, reimbursement for the actual cost of transportation to points within the state over the shortest usually traveled route, and such other expenses as are allowed to other state officers.
________
Assembly Bill No. 327Messrs. Davis, Adams, and Houghton.
CHAPTER 227
AN ACT to amend an act entitled, An act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 39 of the above-entitled act, as last amended by chapter 330, Statutes of Nevada 1951, is hereby repealed.
Sec. 2. The above-entitled act, being chapter 168, Statutes of Nevada 1947, is hereby amended by adding thereto a new section designated section 39 which shall immediately follow section 38, and which shall read as follows:
Section 39. 1. The Nevada industrial commission, which shall be composed of three commissioners, is hereby created. All of the members of such commission shall be appointed by the governor. One of such commissioners shall be representative of labor and shall be selected by the governor for appointment from the individuals whose names are submitted to him, one by the Nevada state federation of labor affiliated with the American federation of labor, and one by the congress of industrial organizations for the State of Nevada. One of such commissioners shall be representative of employers and shall be selected by the governor for appointment from the individuals whose names are submitted to him by recognized associations and employer groups located in the state. The third commissioner selected by the governor shall be the chairman, and such appointee shall have not less than five years experience as an insurance actuary, and have a degree of master of business administration or experience deemed equivalent to that degree. The annual salary of the chairman shall be not less than $8,500, and the annual salary for each of the other two commissioners shall be $6,600.
2. Upon any vacancy existing on the commission, notice of such vacancy shall be given by the governor to both labor and employers through the groups and associations above referred to, and, in the event that such vacancy is in the representation of labor or employer, the names to be submitted by the respective parties must be submitted to the governor within 15 days from the date of such notification.
κ1953 Statutes of Nevada, Page 306 (CHAPTER 227, AB 327)κ
event that such vacancy is in the representation of labor or employer, the names to be submitted by the respective parties must be submitted to the governor within 15 days from the date of such notification. In the event that no names are submitted within the time provided, the governor shall select such person as he may deem qualified to represent the group whose representation upon the board is vacant.
3. The present commissioner, whose term expires on the 3d day of September, 1955, is hereby determined to be the representative of labor; the present commissioner whose term expires on the 24th day of June, 1955, is hereby determined to be the representative of the employers; and the successor of the representative commissioners shall be deemed to represent the group represented by his predecessor.
4. Each commissioner shall hold office for the term of four years from and after the date of his appointment, and until his successor shall be appointed and shall have qualified.
5. A decision on any question arising under the act concurred in by two of the commissioners shall be the decision of the commission.
6. The governor may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than 10 days notice. If such commissioner shall be removed, the governor shall file in the office of the secretary of state, a complete statement of all charges made against such commissioner, and the findings thereon, together with a complete record of the proceedings.
7. The executive officer of the commission shall not be financially interested in any business interfering or inconsistent with his duties. A member of the commission, or an employee of the commission, shall not serve on any committee of any political party.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 93Committee on Judiciary.
CHAPTER 228
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 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 464 of the above-entitled act, being section 11112, 1929 N.C.L., is hereby amended to read as follows:
Section 464. After conviction of an offense not punishable with death, a defendant may be admitted to bail:
1. As a matter of right, where the appeal is from a judgment imposing a fine only;
2. As a matter of discretion in all other cases.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 307κ
Senate Bill No. 134Committee on Judiciary.
CHAPTER 229
AN ACT relating to the conduct of court and ancillary proceedings under the jurisdiction of the court with respect to broadcasting, televising, and the taking of motion pictures thereof, and other matters properly relating thereto.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A court of this state during any and all court proceedings, or any ancillary proceedings under the jurisdiction of such court, on its own motion or on the motion of an attorney representing any interested party, or at the request of the witness testifying under subpoena, shall prohibit by minute order any person, firm, association or corporation from broadcasting, televising, or taking motion pictures, or arranging for the broadcasting, televising, or taking of motion pictures of such proceeding.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 14Committee on Finance.
CHAPTER 230
AN ACT fixing the salaries of certain state officers; providing ex officio duties of certain state officers and compensation for the performance of the same.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The governor of the state of Nevada as ex officio member of the state highway board shall receive a monthly salary of $125, payable at the times and in the manner provided by law.
Sec. 2. The secretary of state of Nevada as ex officio secretary of the state bond trust administration shall receive an annual salary of $2,400, payable at the times and in the manner provided by law.
Sec. 3. The state controller of Nevada as ex officio state fiscal officer shall receive an annual salary of $2,400, payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office, and as a part thereof, he shall serve as a member of the state insurance rating board and shall serve as a state fiscal officer for the federal government and compute, withhold, and account for all state payroll deductions and keep all records in connection with administration of and compliance with the federal revenue and income tax laws.
Sec. 4. The state treasurer of Nevada shall be ex officio state disbursing officer for the federal government. It shall be his duty, as such, to act for such government with respect to all financial matters required of him by the federal government, and to keep proper books and accounts and prepare vouchers and receipts relating thereto. He shall keep books of account and sign and pay all warrants relating to all state payroll deductions at the time and in the manner required, according to federal law and regulation.
κ1953 Statutes of Nevada, Page 308 (CHAPTER 230, SB 14)κ
shall keep books of account and sign and pay all warrants relating to all state payroll deductions at the time and in the manner required, according to federal law and regulation. He shall perform such other duties in connection with the aforesaid duties as may be required in the proper exercise thereof. As such state disbursing officer for the federal government he shall receive an annual salary of $2,400, payable at the times and in the manner provided by law.
Sec. 5. The attorney general of the state of Nevada as ex officio member of the state highway board shall receive an annual salary of $1,400, payable at the times and in the manner provided by law.
Sec. 6. The surveyor general of Nevada as ex officio land register shall receive an annual salary of $2,400, payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office he shall represent the state of Nevada in the protection of the forest and watershed areas in Nevada, and shall cooperate with the agents and departments of the federal government as well as with agencies in this state to carry out such protection.
Sec. 7. The superintendent of public instruction as ex officio secretary of the state textbook commission shall receive an annual salary of $2,400, payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office and as a part thereof, such officer shall serve as a member and secretary of the public school teachers retirement salary fund board, and as executive officer of the state board for vocational education.
Sec. 8. The clerk of the supreme court as ex officio reporter of decision shall receive an annual salary of $2,400, payable at the times and in the manner provided by law.
Sec. 9. The superintendent of state printing shall receive an added annual salary of $2,400.
Sec. 10. The inspector of mines shall receive an added annual salary of $2,400.
Sec. 11. The salaries provided in this act shall be paid out of the general fund.
Sec. 12. An Act fixing the salaries of certain state officers; providing ex officio duties of certain state officers and compensation for the performance of the same, and making an appropriation therefor, approved March 22, 1951, and being chapter 285, statutes of Nevada 1951, is hereby repealed.
Sec. 13. This act shall be in full force and effect from and after July 1, 1953, and sections 2 to 10, inclusive, of this act shall expire by limitation at midnight of the first Monday of January, 1955.
________
κ1953 Statutes of Nevada, Page 309κ
Assembly Bill No. 226Messrs. Waters and Davis.
CHAPTER 231
AN ACT to amend an act entitled, An act to define legal notices and newspapers in which such notices may be legally published, approved March 11, 1925.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 4703, 1929 N.C.L., is hereby amended to read as follows:
Section 4. Except as otherwise provided by law in express terms or by necessary implication, daily newspapers, triweekly newspapers, semiweekly newspapers and weekly newspapers shall all be equally competent as the means for the publication of all legal notices and advertisements; provided, however, no newspaper shall be competent as the means for the publication of any legal notices or advertisements unless such newspaper shall have and maintain in force a valid second-class mailing permit issued by the United States post-office department.
Sec. 2. This act shall be effective January 1, 1955.
________
Senate Bill No. 54Committee on Public Health.
CHAPTER 232
AN ACT to amend an act entitled, An act to permit the state to assist, extend, and improve the care of persons in active stages of tuberculosis being cared for at public expense, outlining the powers and duties of the state board of health in controlling tuberculosis and designating approved hospitals for such care, establishing rules and regulations, making an appropriation therefor, and other matters relating thereto, approved March 27, 1947, as amended.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 1 of chapter 327, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 4. The state shall reimburse the county 90 percent of the countys expense for hospitalization, treatment, and medical care, but such reimbursement shall not exceed the sum of $7 per patient day for hospitalization, treatment, and medical care under rules and regulations provided by the state board of health; provided, however, that such reimbursement shall be made by the state for such time as funds are available under the provisions of this act, and when such funds have been expended, the state shall not thereafter be obligated.
Sec. 2. Section 6 of the above-entitled act, being section 6 of chapter 183, Statutes of Nevada 1947, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 310 (CHAPTER 232, SB 54)κ
Section 6. No payment shall be made by the state under the provisions of this act, unless and until said patient has been declared to be entitled to care and treatment under the rules and regulations of the state board of health. Any county that fails to abide by the residence regulations of the state board of health may be denied participation in the program authorized by this act for such period of time as may be designated by the state board of health.
Sec. 3. To carry out the provisions of this act there is hereby appropriated from the general fund for the biennium ending on June 30, 1955, the sum of $140,000, to be paid out on claims as other claims against the state are paid.
________
Senate Bill No. 232Committee on Education and State University.
CHAPTER 233
AN ACT to amend an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 210 of the above-entitled act being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 210. School Trustees to Act-Sale of Bonds. If upon such official determination of the result of such school bond election it appears that the majority of the votes cast, as hereinbefore provided, at such election is for the bonds, the board of trustees shall, regardless of any of the provisions of subdivision 2 and 4 of section 274 of this school code, and at such times as the board may determine, and for the purpose or purposes stated in such notice of election, issue the negotiable coupon bonds of such school district in such form and denomination and in such amounts as the board of trustees of such school district may direct, within the provisions of the school law as stated in this chapter, which school bonds shall run for a period not to exceed twenty (20) years from the date of their issue, and bearing interest at a rate not exceeding five (5%) per centum per annum, all as hereinafter provided.
________
κ1953 Statutes of Nevada, Page 311κ
Senate Bill No. 55Senator Murray.
CHAPTER 234
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 25, 1953]
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, N.C.L. 1929, 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.
(b) The state board of health shall from time to time promulgate rules and regulations governing the control of communicable diseases, and they shall have the full force and effect of law. Said rules and regulations shall list those diseases, cases of which shall be reportable and shall set forth the procedures of isolation and quarantine, if any, that shall be in effect for each reportable disease. Cases of reportable diseases shall be reported immediately by the attending physician to the local health officer, who shall make a record thereof. In those counties with a part-time health officer, such cases shall be reported immediately to the principal office of the state board of health. Any attending physician who shall fail or neglect to report forthwith, as herein defined, any case of a reportable disease shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, 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.
(c) It shall be the duty of the local health officer to immediately establish and maintain upon each and every case of communicable disease reported to him such procedures of isolation or quarantine as shall be established by the rules and regulations of the state board of health governing the control of communicable diseases.
κ1953 Statutes of Nevada, Page 312 (CHAPTER 234, SB 55)κ
disease reported to him such procedures of isolation or quarantine as shall be established by the rules and regulations of the state board of health governing the control of communicable diseases. Any person violating the rules and regulations of quarantine or isolation as established by the local health officer shall be guilty of a misdemeanor, and upon conviction thereof, a person shall be punished by a fine of not less than $100 nor more than $500, 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.
________
Senate Bill No. 230Committee on Finance.
CHAPTER 235
AN ACT providing an appropriation for the relief of Joseph L. Sheeketski, former athletic director and head coach of the University of Nevada.
[Approved March 25, 1953]
Whereas, Under date of January 10, 1949, the board of athletic control of the University of Nevada entered into a contract for five years with Joseph L. Sheeketski for employment as director of athletics and head football coach at said university, and
Whereas, Said agreement provided compensation for such services at the rate of $12,000 per annum from July 1, 1949, to June 30, 1952, and $12,500 from July 1, 1952, to June 30, 1954, and
Whereas, The board of regents on July 23, 1951, suspended intercollegiate football upon the ground that there were no public funds to continue such activity, and notified Joseph L. Sheeketski to that effect by letter of the same date that his services would terminate as of September 1, 1951, and subsequently paid him the sum of $4,700, the balance for services up to June 30, 1952, and
Whereas, Joseph L. Sheeketski claimed the full amount of salary under his contract and employed counsel at law to institute an action to recover on said contract, and
Whereas, The board of regents to settle the controversy and obviate any necessity of resorting to litigation in the courts thereafter entered into a written compromise agreement, and
Whereas, It was agreed in said compromise that the sum of $15,000 would be accepted by Joseph L. Sheeketski in full settlement of his claim under the contract of employment, and
Whereas, It was agreed that the board of regents would present the matter of the compromise to the Nevada legislature at its 1953 session, and request that an appropriation in the sum of $15,000 be paid to Joseph L. Sheeketski pursuant to the compromise agreement, and
Whereas, The proposed agreement whereby Joseph L. Sheeketski agreed and agrees to accept the sum of $15,000 in full settlement of each, every and all claims he had or may have against the board of regents and the University of Nevada by reason of his employment as director of athletics and head coach of the said university constitutes an equitable and just settlement of any of said claim or claims, both as to Joseph L.
κ1953 Statutes of Nevada, Page 313 (CHAPTER 235, SB 230)κ
as to Joseph L. Sheeketski, the University of Nevada and the State of Nevada, and that the hereinafter stated appropriation will constitute a payment of a contract for public services in connection with and for public educational functions of the University of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That the compromise settlement of the claim of Joseph L. Sheeketski for employment by the board of athletic control of the University of Nevada, set out in the foregoing preamble, is hereby allowed in the sum of fifteen thousand ($15,000) dollars, and the said sum of fifteen thousand ($15,000) dollars is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, to pay said claim, and the state controller is authorized and directed to draw a warrant in favor of Joseph L. Sheeketski for said amount, and the state treasurer is directed to pay the same upon receipt of a complete release executed by Joseph L. Sheeketski as a full and complete settlement of any and all claim or claims he may have against the University of Nevada, the board of regents of said university, or the board of athletic control of the said university growing out of the contract of employment as director of athletic control and head football coach at the University of Nevada.
Sec. 2. This act shall be in full force and effect from and after its passage and approval.
________
Senate Bill No. 185Senator Johnson.
CHAPTER 236
AN ACT to amend an act entitled, An act to create judicial districts in the State of Nevada, provide for the election of district judges therein, fix their salaries and compensation for expenses, and repeal all acts and parts of acts in conflict herewith, approved March 27, 1929.
[Approved March 25, 1953]
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, as last amended by chapter 312, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 4. Until the end of the existing term for which the respective judges of the district court of the State of Nevada have been elected, unless in case a vacancy occurs, the salaries of said judges shall remain as heretofore provided by law; thereafter the salaries of the judges for the districts herein provided for shall be seven thousand two hundred ($7,200) dollars per year, except that the judge of the fifth judicial district shall receive a salary of $8,400 per year, and the judges of the eighth judicial district shall receive a salary of ten thousand dollars ($10,000) per year and the judge of the third judicial district shall receive a salary of seven thousand two hundred ($7,200) dollars per year, and the judges of the first, fourth, sixth and seventh judicial districts shall receive a salary of nine thousand ($9,000) dollars per year.
κ1953 Statutes of Nevada, Page 314 (CHAPTER 236, SB 185)κ
($7,200) dollars per year, and the judges of the first, fourth, sixth and seventh judicial districts shall receive a salary of nine thousand ($9,000) dollars per year. All of said salaries shall be paid in monthly installments out of the district justices salary fund, which is hereby created in the state treasury, and which shall be supplied in the manner following, to wit: Each county in each judicial district in the state shall contribute annually to said fund its proportionate share of the month necessary to pay the judge or judges of its district their respective salaries monthly for such year, based upon the assessment roll of the county for the previous year, and it is hereby made the duty of the county commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their countys quota of said district judges salary fund to the state treasurer at such time and in such installments as will enable the state treasurer to pay to each district judge one-twelfth of his annual salary on the first day of each and every month, and to cause such money to be forwarded by the county treasurer, and, if necessary, in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said board of county commissioners shall transfer and use any moneys in the county treasuries except those belonging to the public school fund. No salary of any judge shall be paid in advance.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 337Committee on Judiciary.
CHAPTER 237
AN ACT to amend an act entitled, An act providing a general corporation law, approved March 21, 1925.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 93 of the above-entitled act, being section 1692, N.C.L. 1929, as last amended by chapter 4, Statutes of Nevada 1937, is hereby amended to read as follows:
Section 93. Any corporation heretofore, or now, existing under the laws of this state may at any time procure a renewal or revival of its charter for any period, together with all the rights, franchises, privileges and immunities, and subject to all its existing and pre-existing debts, duties and liabilities secured or imposed by its original charter and amendments thereto, or existing charter, by filing a certificate with the secretary of state, which certificate shall set forth:
1. The name of the corporation, which shall be the name of said corporation at the time of such renewal or revival, or its name at the time its original charter may have expired.
2. The name of the city, town or place within the county in which its principal office or place of business is located in the state.
κ1953 Statutes of Nevada, Page 315 (CHAPTER 237, AB 337)κ
3. The date when such renewal or revival of the charter is to commence or be effective, which may be, in cases of a revival, prior to the date of said certificate.
4. Whether or not such renewal or revival is to be perpetual, and, if not perpetual, the time for which such renewal or revival is to continue.
5. That the corporation desiring to renew or revive, and so renewing or reviving, its charter is, or has been, duly organized and carrying on the business authorized by its existing or original charter and amendments thereto, and desires to renew or continue through revival its existence under and pursuant to and subject to the provisions of this act.
Any corporation for which the charter has not expired shall cause said certificate to be signed by its president or vice president and secretary, duly verified by such officers before any person authorized by the laws of this state to administer oaths or affirmations, which certificate must be authorized by a majority in interest of the stock, in writing, or by a resolution to that effect.
Any corporation seeking a reviver of its original or amended charter shall cause said certificate to be signed by such person or persons as may be designated or appointed by the stockholders of such corporation and duly verified by such person or persons before any person authorized to administer oaths or affirmations. The execution and filing of such certificate must be authorized by the written consent of all the stockholders of the corporation and shall contain a recital that such unanimous consent was secured; and such corporation shall further pay to the secretary of state the same fees as are now required to establish a new corporation under the provisions of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 330Clark County Delegation.
CHAPTER 238
AN ACT to amend an act entitled, An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto, approved February 27, 1883.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 2939, 1929 N.C.L. 1941 Supp., as last amended by chapter 28, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 4. The following fees to the several county recorders (in counties polling over 800 votes) are hereby established: For receiving, filing, and entering documents required to be recorded, fifteen cents; for filing and entering any paper not to be recorded, thirty cents; for making all necessary indexes to each paper filed or recorded, for each name to be indexed, thirty cents; for recording any instrument, paper, or document, for each folio, twenty cents; provided, however, that in counties that use the photostatic method of recording, in lieu of the twenty cents per folio, the recorder may charge by the page photostated at the following rate; seventy-five cents for the first page and fifty cents for each additional page or part of a page photostated; for every certificate under seal, seventy-five cents; for every entry of discharge or assignment of mortgage on the margin of the records, twenty-five cents; for abstract of title, for each document embraced thereby, seventy-five cents; for searching records and files, for each document necessarily examined, twenty-five cents; for recording any survey or map other than town plat, for each corner, thirty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twenty cents; for each folio of lettering or figuring thereon, or in the certificate and description of the same, fifty cents; for recording certificates of marriage, death, divorce, or birth, fifty cents; for copying of any document or record in this office, for each folio, twenty cents; for taking acknowledgment, including certificate and seal, for the first signature, seventy-five cents, for each additional signature, twenty-five cents; for recording or copying any paper in a foreign language, double the fees as when in English; no map or plat shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each, twenty-five cents; provided that the recorders fees for the filing, indexing and safekeeping as provided by law and for the making of the required notations and endorsements thereon of mortgages of personal property and crops, for the issuing of certificates of searches as provided for by law, for filing assignments, discharges, satisfactions, releases, subordinations and waivers relating to mortgages of personal property and crops or to the lien or interest created or evidenced thereby and for issuing a certificate not under seal of any such filing shall be as follows, and not otherwise:
κ1953 Statutes of Nevada, Page 316 (CHAPTER 238, AB 330)κ
for each name to be indexed, thirty cents; for recording any instrument, paper, or document, for each folio, twenty cents; provided, however, that in counties that use the photostatic method of recording, in lieu of the twenty cents per folio, the recorder may charge by the page photostated at the following rate; seventy-five cents for the first page and fifty cents for each additional page or part of a page photostated; for every certificate under seal, seventy-five cents; for every entry of discharge or assignment of mortgage on the margin of the records, twenty-five cents; for abstract of title, for each document embraced thereby, seventy-five cents; for searching records and files, for each document necessarily examined, twenty-five cents; for recording any survey or map other than town plat, for each corner, thirty cents; for recording town plat, for each lot or separate subdivision exhibited thereby, twenty cents; for each folio of lettering or figuring thereon, or in the certificate and description of the same, fifty cents; for recording certificates of marriage, death, divorce, or birth, fifty cents; for copying of any document or record in this office, for each folio, twenty cents; for taking acknowledgment, including certificate and seal, for the first signature, seventy-five cents, for each additional signature, twenty-five cents; for recording or copying any paper in a foreign language, double the fees as when in English; no map or plat shall be recorded exceeding in size two folios of the usual sized records; for preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each, twenty-five cents; provided that the recorders fees for the filing, indexing and safekeeping as provided by law and for the making of the required notations and endorsements thereon of mortgages of personal property and crops, for the issuing of certificates of searches as provided for by law, for filing assignments, discharges, satisfactions, releases, subordinations and waivers relating to mortgages of personal property and crops or to the lien or interest created or evidenced thereby and for issuing a certificate not under seal of any such filing shall be as follows, and not otherwise:
(1) For filing, issuing certificate of such filing when requested, indexing and keeping every mortgage of personal property or crops or a certified copy or executed counterpart thereof, and making the necessary notations or endorsements thereon, the sum of fifty cents.
(2) For making searches of the records and indexes of his office, and certificates or abstracts thereof relating to documents and instruments affecting personal property or crops, the sum of twenty-five cents per year for which such searches are certified.
(3) For filing, issuing certificates of such filing when requested, indexing and keeping every assignment, release, discharge, satisfaction, and cancellation relating to any mortgage of personal property or crops, or the lien or interest created or evidenced thereby, or of any certified copy or executed counterpart thereof, the sum of twenty-five cents.
(4) For filing, issuing certificate of such filing when requested, indexing, making all necessary notations and endorsements, and keeping every instrument by which, or for the benefit of which, the lien or interest evidenced or created by any mortgage of personal property or crops is subordinated or waived as to priority, the sum of twenty-five cents.
κ1953 Statutes of Nevada, Page 317 (CHAPTER 238, AB 330)κ
or crops is subordinated or waived as to priority, the sum of twenty-five cents.
(5) For every marginal entry of discharge, credit or release of any mortgage of personal property or crops, and indexing the same, the sum of twenty-five cents; provided, however, no such county recorder shall charge or collect any fees for any of the services hereinabove specified rendered by him to the State of Nevada or the county, or any city or town within said county, or any officer thereof in his official capacity.
________
Assembly Bill No. 356Mr. Higgins.
CHAPTER 239
AN ACT to amend an act entitled, An act providing for the creation of a state barbers health and sanitation board, defining the powers and duties of said board, defining certain terms, prescribing the terms upon which licenses or certificates of registration, health and sanitation may be issued to practitioners of barbering, creating county boards and declaring their powers and duties, prescribing penalties for the violation hereof, repealing all acts and parts of acts inconsistent herewith, and other matters relating thereto, approved March 26, 1929.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 763, N.C.L. 1929, as last amended by chapter 221, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 4. The state board of barber health and sanitation created under this act shall have authority to make reasonable rules and regulations for the administration of the provisions of this act. Said board shall conduct the examinations or delegate same to be conducted by any county administrative board hereinafter provided for, and said board shall prescribe sanitary requirements for barbershops and barber schools and set forth the qualifications and requirements for all barbers, apprentice barbers seeking to carry on the practice of barbering or operating a barbershop, or barber school, within any of the counties coming under the provisions of this act. Said board shall annually fix the examination fee which shall not be more than $50, and the annual renewal license fee which shall not be more than $5. The board shall have the power also to fix the salary of the secretary and treasurer of the board, which shall not exceed the sum of $900 per year, and to fix the amount to be paid the other members of the board which shall not exceed $10 to each member for each executive meeting in which the other member or members were in actual attendance. After the details of organization and the placing of this act in operation, regular meetings of the board shall be held every three months. The board shall also fix the compensation of the members of the county administrative boards, which shall not exceed $5 per member per month. The board shall issue to those applicants who meet the requirements as set forth in the rules and regulations of the board a certificate of registration, health and sanitation.
κ1953 Statutes of Nevada, Page 318 (CHAPTER 239, AB 356)κ
requirements as set forth in the rules and regulations of the board a certificate of registration, health and sanitation. The board shall have power to approve, and by official order, to establish the days and hours when barber shops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative groups of barbers of at least seventy (70%) percent of the barbers of any county, and the board shall have like power to investigate the reasonableness and propriety of the hours fixed by such agreement, as is conferred by this act, and said board may fix hours for any portion of a county.
Sec. 2. Section 11 of the above-entitled act, being section 770, N.C.L. 1929, is hereby amended to read as follows:
Section 11. Every registered barber and every registered apprentice who continues in active practice or service shall annually, on or before April 1 of each year, renew his certificate of registration and pay the required fee. Every certificate of registration which has not been renewed during the month of April in any year shall expire on the first day of May in that year. A registered barber or a registered apprentice whose certificate of registration has expired may have his certificate restored immediately upon payment of the required restoration fee at any time within five years after the expiration of his certificate of registration. Any registered barber who retires from the practice of barbering may, at any time within five years thereafter, renew his certificate of registration upon payment of the required restoration fee.
Sec. 3. Sections 12 and 13 of the above-entitled act, being sections 771 and 772, respectively, 1929 N.C.L. 1941 Supp., are hereby repealed.
Sec. 4. Section 14 of the above-entitled act, being section 773, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 14. The board shall not refuse to issue, or renew, or suspend, or revoke any certificate of registration to any person for any of the causes referred to in section 15 of this act unless before taking such action the board shall have given written notice thereof to such person stating the specific reason for its adverse action, and such person shall have been granted the opportunity to appear before the board for a hearing within twenty days from the date of said notice. At such hearing the accused may be represented by counsel. The board shall have the power to summon witnesses and to require the production of books, records, and papers for the purpose of such hearing. Subpenas shall be issued by the secretary of the board directed to the sheriff of the proper county to be served and returned in the same manner as subpenas in criminal cases. The fees and mileage of the sheriff and of witnesses shall be the same as allowed in criminal cases and shall be paid from the fund of the board as other expenses of the board are paid. If the accused shall prevail at such hearing, the board shall grant him the proper relief without delay. Any investigations, inquiry or hearing thus authorized may be entertained or held by or before member or members of the board and the finding or order of such member or members, when approved and confirmed by the board, shall be deemed the finding or order of the board.
κ1953 Statutes of Nevada, Page 319 (CHAPTER 239, AB 356)κ
and confirmed by the board, shall be deemed the finding or order of the board.
Sec. 5. Section 18 of the above-entitled act, being section 777, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 18. Any person violating any of the provisions of this act, unless by general law otherwise provided, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $300, or by imprisonment in the county jail for not less than ten days nor more than ninety days in the case of a first offense, and for not less than 30 days nor more than 90 days for each subsequent offense, or by both such fine and imprisonment.
Sec. 6. This act shall be effective on passage and approval.
________
Senate Bill No. 201Committee on Judiciary.
CHAPTER 240
AN ACT to amend an act entitled, An act creating an industrial insurance commission; providing for the creating and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947, as amended.
[Approved March 25, 1953]
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, being chapter 168, 1947 Statutes of Nevada, as amended, is amended to read as follows: An act creating an industrial insurance commission; providing for the creating and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; providing that certain acts are crimes; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act.
Sec. 2. The above-entitled act, being chapter 168, 1947 Statutes of Nevada, as amended, is amended by adding thereto a new section to be denominated section 53.1, and to read as follows:
κ1953 Statutes of Nevada, Page 320 (CHAPTER 240, SB 201)κ
Section 53.1 It shall be a gross misdemeanor for any person to file with the commission a claim for services rendered to any injured employee when in fact and in truth such services were not performed.
Sec. 3. This act shall become effective on passage and approval.
________
Senate Bill No. 172Committee on Judiciary.
CHAPTER 241
AN ACT to amend an act entitled, An act to secure liens to mechanics and others, and to repeal all other acts in relation thereto, approved March 2, 1875, as amended.
[Approved March 25, 1953]
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 3739, 1929 N.C.L. 1949 Supp., is amended to read as follows:
Section 5. Every person claiming the benefit of this chapter shall, not earlier than ten days after the completion of his contract, or the delivery of material by him, or the performance of his labor, as the case may be, and in each case not later than thirty days after the completion of the contract and the recording of the completion notice by the owner as hereinafter provided, and in all other cases ninety days after the completion of the contract, or the delivery of material, or the performance of his labor as the case may be, record with the county recorder of the county where the property or some part thereof is situated, a claim containing a statement of his demand after deducting all just credits and offsets, with the name of the owner or reputed owner if known, also the name of the person by whom he was employed or to whom he furnished the material, with a statement of the terms, time given, and conditions of his contract and also a description of the property to be charged with the lien sufficient for identification, which claim must be verified by the oath of himself or some other person; in addition hereto a copy of the claim shall be served upon the record owner of the property within fifteen (15) days, either:
1. By delivering a copy to the owner personally; or,
2. If he is absent from his place of residence, or from his usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the owner at his place of residence or place of business; or,
3. If such place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, then by fixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found, and also sending a copy through the mail addressed to the owner at the place where the person is situated.
In all cases, any of the following shall be deemed equivalent to a completion for all the purposes of this act: the occupation or use of a building, improvement or structure by the owner, or his representative, accompanied by cessation from labor thereon; or the acceptance by the owner, or said agent of said building, improvement or structure, or cessation from labor for thirty days upon any contract or upon any building, improvement or structure, or the alteration, addition to, or repair thereof; the recording of the notice hereinafter provided for.
κ1953 Statutes of Nevada, Page 321 (CHAPTER 241, SB 172)κ
building, improvement or structure by the owner, or his representative, accompanied by cessation from labor thereon; or the acceptance by the owner, or said agent of said building, improvement or structure, or cessation from labor for thirty days upon any contract or upon any building, improvement or structure, or the alteration, addition to, or repair thereof; the recording of the notice hereinafter provided for.
The owner may within ten days after the completion of any contract or work of improvement provided for in this act, or within ten days after there has been a cessation from labor thereon for a period of thirty days, record in the office of the county recorder of the county where the property is situated a notice setting forth the date when the same was completed, or on which cessation from labor occurred, together with his name, address and the nature of his title, and a description of the property sufficient for identification, together with the name of the contractor, if any, which notice shall be verified by himself or some other person on his behalf. In case such notice be not so recorded, then all persons claiming the benefit of this act, shall have ninety days after the completion of said work of improvement within which to record their claims of lien. The phrase work of improvement and the word improvement as used in this act are each hereby defined to mean the entire structure or scheme or improvement as a whole.
Upon the trial of any action or suit to foreclose such lien no variance between the lien and the proof shall defeat the lien or be deemed material unless the same shall result from fraud or be made intentionally, or shall have mislead the adverse party to his prejudice, but in all cases of immaterial variance the claim of lien may be amended, by amendment duly recorded, to conform to the proof. No error or mistake in the name of the owner or reputed owner contained in any claim of lien shall be held to defeat the lien, unless a correction of the lien in this particular shall prejudice the rights of an innocent bona fide purchaser or encumbrancer for value. But upon the trial, if it shall appear that an error or mistake has been made in the name of the owner or reputed owner, or that the wrong person has been named as owner or reputed owner in any such claim of lien, the court shall order an amended claim of lien to be recorded with the recorder where the original claim was recorded, and shall issue to the person who is so made to appear to be the original or reputed owner a notice directing such person or persons to be and appear within the same time as is provided by law for the appearance in other actions after the service of summons, and said notice shall be served in all respects as a summons is required to be served before said court and to show cause why he should not be substituted in said claim of lien and in said suit in lieu of the person so made defendant and alleged to be owner or reputed owner by mistake, and to further show why he should not be bound by the judgment or decree of the court. Any such proceedings shall be had therein as though the party so cited to appear had been an original party defendant in the action or suit, and originally named in the claim of lien as owner or reputed owner, and the rights of all parties shall thereupon be fully adjudicated.
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κ1953 Statutes of Nevada, Page 322κ
Assembly Bill No. 203Miss Frazier.
CHAPTER 242
AN ACT to amend an act entitled, An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, as amended.
[Approved March 25, 1953]
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 2643.03, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 3. The election officers of the state or municipality, as the case may be, who are charged with the duty of providing for and conducting said election, shall provide one ballot box for the purpose of such election at each polling place. If a bond election is held in conjunction with a general election, the same single ballot box shall be used at each polling place. Said officers shall also provide for the use of the voters entitled to vote at said election in the manner hereinafter set forth, two sets of ballots, one of which shall be printed on white paper and the other on colored paper, and both of which shall contain the same statement of the proposal to be voted upon and the same instructions respecting the manner of marking the ballot.
Sec. 2. Section 4 of the above-entitled act, being section 2643.04, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 4. Every citizen of the United States of the age of twenty-one years and upwards, who has resided in the state six months and in the county thirty days next preceding such election, and who has complied with the registration laws of this state, shall be entitled to vote thereat; provided, however, there shall be no absent voting at bond elections. If such elector is not the owner of or the spouse of the owner of real property assessed on the assessment roll of any county of the state, in the case of a state bond election, or on the assessment roll of the municipality in the case of a municipal bond election, he shall be furnished by the officers conducting such election a ballot printed on white paper. If said elector is the owner of or the spouse of the owner of real property assessed on the assessment roll of one or more of the counties of the state, in the case of a state bond election, or on the assessment roll of the municipality in the case of a municipal bond election, he shall be furnished by such officers a ballot printed on colored paper. Before any person shall be permitted to vote a ballot printed on colored paper he shall be required to make before the officers of election, who are hereby authorized to take the same, an affidavit showing that he is the owner of or the spouse of the owner of real property assessed on the assessment rolls in the state or municipality as the case may be.
Immediately after the closing of the polls the election officers shall proceed to canvass the ballots. The results disclosed by such canvass shall be certified by the election officers to the authorities who made the proposal to issue the bonds. If a majority of the ballots of each color is in favor of the issuance of the bonds, the proposal to issue said bonds shall have carried, and the proper officers of the state or municipality shall in the manner now provided by law, or as expressed in the notice for such election, proceed to complete the printing, execution, advertising and sale of said bonds.
κ1953 Statutes of Nevada, Page 323 (CHAPTER 242, AB 203)κ
color is in favor of the issuance of the bonds, the proposal to issue said bonds shall have carried, and the proper officers of the state or municipality shall in the manner now provided by law, or as expressed in the notice for such election, proceed to complete the printing, execution, advertising and sale of said bonds. If the majority of the ballots of each color is against the issuance of said bonds the proposal to issue said bonds shall have failed, and said proper officers shall proceed no further with the printing, execution, advertisement or sale of said bonds, but shall certify the result of such election to the proper officers, board or governing board of the state or such municipality.
________
Assembly Bill No. 300Mr. Walters.
CHAPTER 243
AN ACT to amend an act entitled, An act to provide for the licensing and regulation of private detectives, detective agencies, investigators, patrols, patrol agencies, guards, and watchmen; providing penalties for the violation of the provisions of this act, and other matters relating thereto, approved March 18, 1947, as amended.
[Approved March 25, 1953]
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 5175.01, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 1. The following terms as used in this act shall, unless a different meaning is plainly required by the context, be construed as follows:
(1) The term person shall mean and include any individual, firm, partnership, association or corporation.
(2) The term license means any persons licensed under this act.
(3) As used in this act, private detective shall mean and include any of the following:
(a) Any person who engages in business or who accepts employment for hire, fee, or reward to furnish or supply information as to the personal character or actions or identity of any person, or as to the character or kind of business or occupation of any person.
(b) Any investigator for hire or reward.
(c) Any person who furnishes policemen, guards, or watchmen; provided, however, that private detective shall not mean or include a private watchman regularly employed, and,
(d) Any person who engages in the business of repossessing personal property for hire or reward.
(4) The term board shall mean the Nevada detective licensing board.
Sec. 2. Section 6 of the above-entitled act, being section 5175.06, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 6. Every applicant for a license under this act shall file with the superintendent of the Nevada state police a written application, accompanied by a twenty-five dollar ($25) fee to cover costs of examination, which fee is not rebatable, which shall be in accordance with the following provisions:
κ1953 Statutes of Nevada, Page 324 (CHAPTER 243, AB 300)κ
examination, which fee is not rebatable, which shall be in accordance with the following provisions:
(1) If the applicant is an individual the application shall be signed and verified by that individual.
(2) If the applicant is a firm or partnership the application shall be signed and verified by each individual composing or intending to compose such firm or partnership.
(3) If the applicant is a corporation the application shall be signed and verified by the president, secretary, and treasurer thereof, and shall specify the name of the corporation, the date and place of its incorporation, the amount of the corporations outstanding paid-up capital stock, whether such stock was paid for in cash or property, and if in property, the nature and description of the property. The application shall also be accompanied by a duly certified copy of its certificate of incorporation.
The successor to every such officer shall, prior to entering upon the discharge of his duties sign, and verify a like statement, approved in like manner, as this section prescribes for individuals signatory to the application.
In the event of the death, resignation, or removal of such officer due notice of that fact shall forthwith be given, in writing, to the superintendent of the Nevada state police.
(4) Every application for a license shall state all of the following:
(a) The full name, age, residence, present and previous occupations of each signatory.
(b) That each signatory is a citizen of the United States.
(c) A specific description of the location of the principal place of business of the applicant.
(d) A full set of fingerprints and a recent photograph.
(e) That the applicant has had two years of experience prior to an application for a license.
(f) That the applicant has been a bona fide resident of the State of Nevada for a period of six months immediately preceding the filing of the application.
(g) Such other facts as may be required by the superintendent of the Nevada state police to show the good character, competency, and integrity of each signatory.
Sec. 3. Section 8 of the above-entitled act, being section 5175.08, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 8. The board shall make such additional investigation of applicants for a license under this act as it may deem necessary.
Sec. 4. Section 9 of the above-entitled act, being section 5175.09, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 9. The board when satisfied from recommendations and investigation that the applicant is of good character, competency, and integrity, shall issue and deliver to such applicant a license entitling the applicant to conduct the business of a private detective and investigator during good behaviour.
Sec. 5. Section 10 of the above-entitled act, being section 5175.10, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 325 (CHAPTER 243, AB 300)κ
Section 10. Any license obtained under the provisions of this act gives the licensee or any employee of the licensee authority to act as a private detective in any county or city in the State of Nevada, subject to county and city ordinances.
Sec. 6. Section 16 of the above-entitled act, being section 5175.16, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 16. The board is hereby authorized to employ persons to investigate all alleged violations of this act, such employees to have the authority of peace officers.
Sec. 7. Section 17 of the above-entitled act, being section 5175.17, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 17. The board shall consist of three members, one of whom shall be the superintendent of the Nevada state police, and shall serve as chairman. The other two members shall be appointed by, and serve at the pleasure of, the governor of Nevada, one of whom shall be a licensed private detective.
Sec. 8. Section 18 of the above-entitled act, being section 5175.18, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 18. 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 or claiming to hold a license. The board shall, before refusing to issue, suspend, or revoke any license, at least ten days prior to the date set for the hearing, notify in writing the applicant or the holder of such license 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 any defense thereto. If the board is not sitting at the time and place fixed in the notice, or at the time and place to which 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 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. 9. Section 19 of the above-entitled act, being section 5175.19, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 19. The board shall from time to time adopt such rules as may be necessary to enable it to carry into effect the provisions of this act. Any member of said board may administer oaths in all matters pertaining to the duties of said board, and the board shall have the authority to take evidence as to any matters cognizable by it.
Sec. 10. This act shall become effective on passage and approval.
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κ1953 Statutes of Nevada, Page 326κ
Senate Bill No. 192Committee on Aviation, Transportation and Highways.
CHAPTER 244
AN ACT to amend an act entitled, An act regulating the advertising of petroleum products or other motor vehicle fuel, providing for the size, uniformity and contents and form of advertising medium, and assessing a penalty for the violation thereof and other matters relating thereto, approved March 23, 1951.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 323, 1951 Statutes of Nevada, is amended by adding thereto a new section to be denominated section 16.1, and to read as follows:
Section 16.1. Any violation of the provisions of this act shall be punished as follows:
(a) For the first conviction, the violator shall be fined not less than $100 nor more than $500.
(b) For the second conviction, the violator shall be fined $500, and may be sentenced to jail for a period not in excess of six months.
(c) For the third and subsequent convictions, the violator shall be fined not less than $500, and not more than $1,000, and may in addition thereto be sentenced to jail for not more than one year.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 121Committee on Aviation, Transportation and Highways.
CHAPTER 245
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 25, 1953]
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 6570.03, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 3. The excise tax herein prescribed shall be paid on or before the 25th day of each calendar month to the state treasurer, who shall receipt the dealer therefor.
κ1953 Statutes of Nevada, Page 327 (CHAPTER 245, SB 121)κ
before the 25th day of each calendar month to the state treasurer, who shall receipt the dealer therefor. The money so collected by the state treasurer shall be by him placed to the credit of the Nevada state highway fund; provided, however, that where by legislative act, bonds for the payment of road construction have heretofore been authorized, and in such legislative act provision is made for the payment of principal and interest on such bonds by transfer of moneys from county-state highway funds for the purpose of making such payments, there shall be transferred by the directors of the state highway department at the date stated in the several legislative acts sufficient money from the state highway fund to the county-state highway interest and redemption fund of such counties for making such interest and redemption payments on such bonds. All costs of administration of this act shall be paid from funds provided by direct legislative appropriation from the state highway fund and county gas tax fund proportionately on claims presented by the tax commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid.
Sec. 2. Section 4.1 of the above-entitled act, as added by chapter 138, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 4.1. The provisions requiring the payment of excise taxes do not apply to motor vehicle fuel distributed, or delivered on the order of the owner, to a dealer who has furnished bond and security in the amount prescribed in section 4 hereof and who has established to the satisfaction of the tax commission that this bond is sufficient security to assure payment of all excise taxes as they may become due to the state from him under this act.
Every dealer claiming exemption shall report the distributions to the tax commission in such detail as the tax commission may require; otherwise the exemption granted in this section shall be null and void and all fuel shall be considered distributed in this state subject fully to the provisions of this act.
Sec. 3. Section 5 of the above-entitled act, being section 6570.05, 1929 N.C.L. 1941 Supp., as last amended by chapter 147, Statutes of Nevada 1951, is hereby 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, 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 persentation 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.
κ1953 Statutes of Nevada, Page 328 (CHAPTER 245, SB 121)κ
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, 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 persentation 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.
Sec. 4. Section 7 of the above-entitled act, being section 6570.07, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 7. Every carrier, whether common or private, transporting motor vehicle fuel or other inflammable or combustible liquids in interstate commerce to or from any point within the State of Nevada shall report under oath to the tax commission all deliveries so made. Such report shall cover the period of each calendar month and shall be filed within fifteen days after the end of such month, shall show the name and address of every consignor and consignee and of every person other than the designated consignee to whom delivery has actually been made, the date of every delivery and the amount thereof in gallons and such further information as the tax commission may require. The tax commission or its duly authorized agents may examine the books and records of any carrier during business hours to determine if the provisions of this section have been or are being complied with.
κ1953 Statutes of Nevada, Page 329 (CHAPTER 245, SB 121)κ
Sec. 5. Section 9 of the above-entitled act, being section 6570.09, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 9. Except as otherwise provided, the tax commission shall be charged with the administration and enforcement of this act. Said tax commission shall have power, by itself, or by its duly authorized agents, to make any audit, examination or inquiry of and concerning the records, stocks, facilities, equipment and transactions of dealers, retailers of petroleum products, and carriers thereof, and such other investigations as it may deem necessary in carrying out the provisions of this act. If any investigation shall disclose that any report or any payment has been incorrect, said tax commission may make such changes in subsequent reports and payments as may be necessary to correct the error so disclosed.
The tax commission may appoint auditors, accountants, inspectors, clerks and such other assistants or agents as it may deem necessary to enforce its powers and perform its duties under this act, and may fix their compensation and provide for their necessary expenses. Funds for the administration of the provisions of this act shall be provided by direct legislative appropriation from the state highway fund and county gas tax fund proportionately upon the presentation of budgets in the manner required by law.
The tax commission shall have power to make all necessary rules and regulations and prescribe all necessary forms or other requirements for the purpose of making the administration of this act effective. The respective county sheriffs and all other peace officers and traffic officers of this state are charged with the duty, without further compensation, of assisting in the enforcement of this act, and it shall be their duty to make arrest for this purpose when requested by the tax commission, or its duly authorized agents.
The tax commission shall, upon request duly received from the officials to whom are entrusted the enforcement of the motor vehicle fuel tax laws of any other state, forward to such officer any information which it may have in its possession relative to the manufacture, receipt, sale, use, transportation or shipment by any person of motor vehicle fuel.
Sec. 6. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
________
κ1953 Statutes of Nevada, Page 330κ
Senate Bill No. 197Committee on Taxation.
CHAPTER 246
AN ACT to amend an act entitled, An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a motor vehicle fund, and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith, approved March 27, 1931, as amended.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 14 of the above-entitled act, as amended, being section 4435.13, 1929 N.C.L. 1941 Supp., is amended to read as follows:
Section 14. (a) Every vehicle registration under this act shall expire at midnight on June 30 each year and shall be renewed annually upon application by the registered owner by presentation of the certificate of registration for the current fiscal year and by the payment of the same fees together with the personal property tax as provided for original registration, and such renewal shall take effect on the first day of July each year. The certificate of registration issued hereunder shall be valid during the registration year only for which it was issued, and the certificate of ownership shall remain valid until canceled by the department upon a transfer of any interest shown therein and need not be renewed annually. Upon annual renewal, whenever the legal owner of a vehicle is other than the registered owner, the department shall notify such legal owner by mail of the registration number assigned to such vehicle for the ensuing year.
(b) An owner who has made proper application for renewal of registration previous to July first but who has not received the number plates, plate or registration card for the ensuing year shall be entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plates or plate issued for the preceding year for such time as may be prescribed by the department as it may find necessary for issuance of such new plates or registration card.
(c) Registration of a motor vehicle for a half-year may be permitted if the applicant file with the department an affidavit showing that the motor vehicle has not in fact been operated on the highways in this state prior to the first day of January.
(d) No fee shall be required for the month of June for a new car in good faith delivered during that month, and the department shall provide such new cars with a temporary registration placard of a size which will be plainly visible for a distance of one hundred feet during daylight, such placard to be valid only during the month of June.
κ1953 Statutes of Nevada, Page 331 (CHAPTER 246, SB 197)κ
in good faith delivered during that month, and the department shall provide such new cars with a temporary registration placard of a size which will be plainly visible for a distance of one hundred feet during daylight, such placard to be valid only during the month of June.
Sec. 2. This act shall be effective from and after January 1, 1955.
________
Senate Bill No. 149Senator Murray.
CHAPTER 247
AN ACT to amend an act entitled, An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, to make exceptions in certain cases, and other matters properly connected therewith, approved March 21, 1925, as amended.
[Approved March 25, 1953]
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, as amended by chapter 110, Statutes of Nevada 1947, and being section 4351, 1929 N.C.L. 1949 Supp., is hereby amended to read as follows:
Section 2. It shall be unlawful for any person or persons, while either intoxicated or under the influence of intoxicating liquor, or of stimulating or stupefying drugs, to drive or conduct any vehicle on any street or highway in this state. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both such fine and imprisonment, and the license of such person convicted to operate a vehicle in this state shall be suspended by the public service commission of Nevada for a period of not less than 30 days nor more than 1 year.
Upon a subsequent conviction for an offense under the provisions of this section, the person so convicted shall be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both such fine and imprisonment, and his license to operate a vehicle in this state shall be revoked for 2 years by the public service commission of Nevada.
No judge or justice of the peace in imposing sentences provided for in this section shall suspend the same or any part thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 332κ
Assembly Bill No. 237Mr. Crawford.
CHAPTER 248
AN ACT to amend an act entitled, An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto, enacted pursuant to direct vote of the people, November 7, 1944.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 12 of the above-entitled act, being chapter 1, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 12. On the death of any recipient, the total amount of assistance paid under this act shall be allowed as a preferred claim against any estate of such person, after funeral expenses, the expenses of the last illness, and the expense of administering the estate have been paid; provided, that no claim shall be enforced against any real estate of a recipient while it is occupied by the surviving spouse or dependent of the recipient. The statute of limitations shall not begin to run against such claim so long as the collection thereof is prohibited as hereinabove provided. It shall be the duty of the district attorney of the county in which the estate is probated to file the claim for recovery on behalf of the state welfare department except that in no case shall a claim be placed against an estate the total value of which does not exceed $1,000. The state welfare department is hereby authorized to enter into agreements with relatives to waive the claim against an estate the total value of which is in excess of $1,000 when the relatives wish to repay part of the amount of the claim in order to acquire the recipients property and the sum so repaid would amount to as much or more than would, in the opinion of the board, be realized by a forced sale of said property. The state welfare department is hereby authorized to accept reimbursement from a recipient during his lifetime, on a voluntary basis, for the amount or any part thereof, of assistance received in order to satisfy in whole or in part, any claim against his estate. No conveyance, transfer, or assignment of real or personal property shall be required of any applicant in order to secure the benefits of the Nevada old-age assistance act; provided, however, that any deed, conveyance, or transfer of real or personal property, made by the applicant or a recipient so as to defeat the purposes of this act and without the consent of the board, shall be null and void.
κ1953 Statutes of Nevada, Page 333 (CHAPTER 248, AB 237)κ
however, that any deed, conveyance, or transfer of real or personal property, made by the applicant or a recipient so as to defeat the purposes of this act and without the consent of the board, shall be null and void.
Any amounts recovered as provided herein shall be distributed to the federal, state, and county governments in the same proportion as each shared in the original payments. The amount due the United States shall be paid promptly to the United States government. The remainder shall be paid to the old-age assistance fund of the State of Nevada, and to the county or counties concerned in proportion as their interests may appear.
Sec. 2. All acts and parts of acts in conflict with the provisions hereof, are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 176Committee on Social Welfare.
CHAPTER 249
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, as amended. Became a law March 30, 1949.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 7 of the above-entitled act, being section 7 of chapter 327, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 7. For each days attendance at each meeting of the board, the members of the board shall receive a salary of $10 per day and the per diem expense allowance and travel expenses as fixed by law.
Sec. 2. Section 8 of the above-entitled act, being section 8 of chapter 327, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 8. The state welfare board hereby established shall succeed to and is hereby invested with all the duties, powers, purposes, responsibilities, and jurisdiction under this act, unless otherwise herein expressly provided. The board shall have the power and it shall be its duty to formulate policies and to establish rules and regulations for administration of the programs for which the department is responsible, and shall have the following powers and duties:
(1) To appoint, with the approval of the governor, a state welfare director in accordance with the state merit system, and to fix his compensation in accordance with merit system regulations. The director shall be selected on the basis of his training, experience, capacity, and interest in public welfare services, and shall be a graduate in public or business administration from an accredited college or university, and he shall have had not less than three years demonstrated successful experience in public welfare administration, with responsibility for general direction and determination of a policy of a general assistance and social service program, or any equivalent combination of training and experience, and he shall possess qualities of leadership in the field of human welfare and health.
κ1953 Statutes of Nevada, Page 334 (CHAPTER 249, AB 176)κ
for general direction and determination of a policy of a general assistance and social service program, or any equivalent combination of training and experience, and he shall possess qualities of leadership in the field of human welfare and health.
(2) To advise and make recommendations to the governor or legislature relative to the public welfare policy of the state.
(3) The state welfare board shall keep minutes of the transactions of each board session, regular or special, which shall be public records and filed with the department.
Sec. 3. Section 9 of the above-entitled act, being section 1 of chapter 274, Statutes of Nevada 1951, 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, shall be held responsible for the management of the department, and shall have the following powers and duties:
(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 a biennial 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.
κ1953 Statutes of Nevada, Page 335 (CHAPTER 249, AB 176)κ
(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 per mile if traveled by the workers private conveyance.
Sec. 4. Section 10 of the above-entitled act, being section 1 of chapter 328, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 10. The state welfare department shall:
(1) Administer all public welfare programs of this state, including old-age assistance, blind assistance, aid to dependent children, general assistance, child welfare services, and such other welfare activities and services as now are or hereafter may be authorized or provided for by the laws of this state and vested in the department.
(2) Act as the single state agency of the State of Nevada and its political subdivisions in the administration of any federal funds granted to the state to aid in the furtherance of any services and activities as hereinabove set forth.
(3) Make rules and regulations for the administration of this act which shall be binding upon all recipients and local units.
(4) Conduct research, compile statistics on public welfare, determine welfare needs and make recommendations for meeting such needs.
(5) Cooperate with the federal government in adopting state plans, and in all matters of mutual concern, including adoption of such methods of administration as may be found by the federal government to be necessary for the efficient operation of welfare programs.
(6) Make all investigations required by a court in adoption proceedings as provided by law.
(7) Establish reasonable minimum standards and regulations for foster homes, and shall license the same as provided by law.
(8) Provide services and care to children, shall receive any child for placement, and shall provide for their care directly or through agents.
(9) Cooperate and advise with the state welfare board and the superintendent of the Nevada state childrens home in such matters as may be referred to the state welfare department by the state welfare board or the superintendent of the state childrens home.
κ1953 Statutes of Nevada, Page 336 (CHAPTER 249, AB 176)κ
may be referred to the state welfare department by the state welfare board or the superintendent of the state childrens home.
(10) Be authorized to enter into reciprocal agreements with other states relative to public assistance, welfare services, and institutional care.
(11) Be authorized to accept gifts or bequests of funds or property to the state welfare department or to the State of Nevada for welfare purposes. Such gifts or bequests shall be deposited in the state treasury in a fund to be known as the state welfare gift fund. The state welfare gift fund shall be a continuing fund without reversion, and money in the fund shall be used for welfare purposes only and expended in accordance with the terms of the gift or bequest.
Sec. 5. Section 12a of the above-entitled act, being section 1 of chapter 197, Statutes of Nevada 1951, is hereby amended 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. Public assistance, for the purposes of this act shall include old-act assistance and child welfare services 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. Written statements of information required from responsible relatives of applicants or recipients need not be under oath, but any person signing such statements who willfully states therein as true any material matter which he knows to be false, shall be subject to all the penalties for perjury as provided by law. 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.
Relatives Contribution Scale
Net
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
κ1953 Statutes of Nevada, Page 337 (CHAPTER 249, AB 176)κ
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 cost of the action in any justice court of the state, the expense of such fee and cost 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.
Sec. 6. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 7. This act shall become effective after its passage and approval.
________
Senate Bill No. 94Committee on Judiciary.
CHAPTER 250
AN ACT to amend an act entitled, An act defining the rights of husband and wife, approved March 10, 1873.
[Approved March 25, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 3355-3389, 1929 N.C.L., as amended, is hereby amended by adding thereto a new section designated section 6.5, which shall immediately follow section 6 and shall read as follows:
Section 6.5. Notwithstanding the provisions of sections 2 and 6 of this act, whenever payment or refund is made to an employee, former employee, or his beneficiary or estate pursuant to a written retirement, death or other employee benefit plan or savings plan, such payment or refund shall fully discharge the employer and any trustee or insurance company making such payment or refund from all adverse claims thereto unless, before such payment or refund is made, the employer or former employer, where the payment is made by the employer or former employer, has received at its principal place of business within this state, written notice by or on behalf of some other person that such other person claims to be entitled to such payment or refund or some part thereof or where a trustee or insurance company is making the payment, such notice has been received by the trustee or insurance company at its home office; provided, however, that nothing contained in this section shall affect any claim or right to any such payment or refund or part thereof as between all persons other than the employee and the trustee or insurance company making such payment or refund.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 338κ
Senate Bill No. 144Committee on Aviation, Transportation and Highways.
CHAPTER 251
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 liability insurance in certain cases, 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 other matters properly connected therewith, approved March 23, 1933, as amended.
[Approved March 26, 1953]
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, as last amended by chapter 156, 1951 Statutes of Nevada, 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 driven 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.
(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.
κ1953 Statutes of Nevada, Page 339 (CHAPTER 251, SB 144)κ
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 of other motive power or carries 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 compensation or 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 constructed 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 currently 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.
κ1953 Statutes of Nevada, Page 340 (CHAPTER 251, SB 144)κ
Sec. 2. Section 13 of the above-entitled act, being section 4437.12, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 13. All motor carriers coming within the terms of this act, except such carriers and/or persons mentioned in section 3 of this act, to whom shall have been issued the certificate, permit, and/or licenses provided by this act, may transfer, lease or assign such certificates, permits, and/or licenses to another qualified under this act, but no such transfer, lease and/or assignment shall be valid for any purpose unless and until application for permit to make such transfer or lease shall be made to the public service commission by the transferer, or lessor, accompanied by an application of the transferee or lessee to be substituted for said transferer of said certificates, permits, and/or licenses subject of such transfer or lease. The commission, in its discretion, may direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner with other hearings before the commission. If the commission shall determine that a transfer, lease and/or assignment of any certificate, permit and/or license permitted herein to be transferred, leased or assigned, will not operate to defeat the purposes of this act and/or deny to the State of Nevada reasonable compensation for the use of its highways as in this act provided, the commission shall order such transfer to be made when it is satisfied that the purposes of this act will not be defeated by the transfer or lease of the certificate, permit, and/or license; provided, no transfer or lease shall be valid beyond the life of the certificate, permit, and/or license transferred; provided, however, the commission may, under such rules and regulations it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof; provided, new license plates be secured from the commission and a fee of two ($2) dollars be paid for each set of plates so secured. Upon application for refund to the public service commission by any person who has heretofore paid the required license fees, as prescribed in this act, claiming that the license fees so paid have unlawfully been collected, the commission will immediately commence an investigation to determine if the application or refund is justified, and may in its discretion conduct a hearing in the same manner as other hearings are conducted. If after investigation or hearing the commission finds that the refund as claimed is justified in whole or in part, it shall authorize the state controller to draw his warrant for the sum of said refund and the state treasurer is hereby authorized to pay the said warrant of the said state controller. The said refund shall be taken and paid from the state highway fund then remaining in the state treasury.
Common carriers of property and/or passengers and contract carriers of property and/or passengers who maintain extra motor vehicles not regularly employed in the performance of their service but held on a standby basis in order to assure adequate and continuous service to the public may certify such vehicles to the public service commission on forms and according to conditions prescribed by such commission, and said commission may, in its discretion, waive the licensing of such standby equipment and may further prescribe the terms and conditions under which such standby equipment may be employed.
κ1953 Statutes of Nevada, Page 341 (CHAPTER 251, SB 144)κ
Sec. 3. Section 18 of the above-entitled act, as last amended by chapter 161, 1951 Statutes of Nevada, page 101, is hereby amended to read as follows:
Section 18. (1) The payments for the licenses provided in this act shall be made in accordance with the following schedule of fees: (a) For each motor vehicle defined in this act used in the carrying of passengers or passengers and light express up to five hundred (500) pounds, fifty ($50) dollars flat rate, plus ten ($10) dollars for each passenger-carrying capacity of such vehicle, up to and including ten passengers; over ten passengers fifty ($50) dollars flat rate, plus twelve ($12) dollars for each passenger-carrying capacity of such vehicle, exclusive of the driver as rated by the manufacturer thereof; provided, each motor vehicle operated by a taxicab motor carrier as hereinbefore defined, a flat fee of twenty-five ($25) dollars only; provided further, no unladened weight license fee, hereinafter provided for, shall be assessed on passenger-carrying vehicles; (b) for each motor vehicle defined in this act, except as hereinafter provided, carrying property or both property and passengers, other than those described above in subsection (a) hereof, twenty ($20) dollars flat rate; (c) for each trailer twenty ($20) dollars flat rate; (d) for each semitrailer and automobile tractor twenty ($20) dollars flat rate; provided, that each semitrailer and automobile tractor be deemed two operating units for the purposes of the flat rate fee and the unladened weight fee hereinafter provided for; (e) motorcycles with side car attached used in carriage of property, twenty ($20) dollars flat rate; provided, no unladened weight license fee to be assessed.
(2) In addition to the foregoing flat rate, a license fee based upon the unladened weight or major fraction per one hundred pounds thereof of the motor vehicle is hereby fixed according to the following schedule of fees, and shall be paid at the same time, and in addition to the said flat rates, on all motor vehicles defined in this act, except motorcycles with side cars attached and motor vehicles used exclusively in the carrying of passengers, or passenger and light express up to five hundred (500) pounds up to and including five thousand (5,000) pounds, one and fifty one-hundredths ($1.50) dollars per one hundred (100) pounds unladened; five thousand and one (5,001) pounds and not over ten thousand (10,000) pounds, one and fifty-five one-hundredths ($1.55) dollars per one hundred (100) pounds unladened; ten thousand and one (10,001) pounds and not over eleven thousand (11,000) pounds, one and sixty one-hundredths ($1.60) dollars per one hundred (100) pounds unladened; eleven thousand and one (11,001) pounds and not over twelve thousand (12,000) pounds, one and sixty-five one-hundredths ($1.65) dollars per one hundred (100) pounds unladened; twelve thousand and one (12,001) pounds and not over thirteen thousand (13,000) pounds, one and seventy one-hundredths ($1.70) dollars per one hundred (100) pounds unladened; thirteen thousand and one (13,001) pounds and not over fourteen thousand (14,000) pounds, one and seventy-five one-hundredths ($1.75) dollars per one hundred (100) pounds unladened; fourteen thousand and one (14,001) pounds and not over fifteen thousand (15,000) pounds, one and eighty one-hundredths ($1.80) dollars per one hundred (100) pounds unladened; fifteen thousand and one (15,001) pounds and not over sixteen thousand (16,000) pounds, one and eighty-five one-hundredths ($1.85) dollars per one hundred (100) pounds, unladened; sixteen thousand and one (16,001) pounds and not over seventeen thousand (17,000) pounds, one and ninety one-hundredths ($1.90) dollars per one hundred (100) pounds unladened; seventeen thousand and one (17,001) pounds and not over eighteen thousand (18,000) pounds, one and ninety-five one-hundredths ($1.95) dollars per one hundred (100) pounds unladened; eighteen thousand and one (18,001) pounds and not over nineteen thousand (19,000) pounds, two ($2) dollars per one hundred (100) pounds unladened; nineteen thousand and one (19,001) pounds and not over twenty thousand (20,000) pounds, two and ten one-hundredths ($2.10) dollars per one hundred (100) pounds unladened; twenty thousand and one (20,001) pounds and over, two and twenty-five one-hundredths ($2.25) dollars per one hundred (100) pounds unladened; provided, that such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster as hereinafter provided; provided, should any motor vehicle within the terms of this act be changed in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon.
κ1953 Statutes of Nevada, Page 342 (CHAPTER 251, SB 144)κ
pounds unladened; fifteen thousand and one (15,001) pounds and not over sixteen thousand (16,000) pounds, one and eighty-five one-hundredths ($1.85) dollars per one hundred (100) pounds, unladened; sixteen thousand and one (16,001) pounds and not over seventeen thousand (17,000) pounds, one and ninety one-hundredths ($1.90) dollars per one hundred (100) pounds unladened; seventeen thousand and one (17,001) pounds and not over eighteen thousand (18,000) pounds, one and ninety-five one-hundredths ($1.95) dollars per one hundred (100) pounds unladened; eighteen thousand and one (18,001) pounds and not over nineteen thousand (19,000) pounds, two ($2) dollars per one hundred (100) pounds unladened; nineteen thousand and one (19,001) pounds and not over twenty thousand (20,000) pounds, two and ten one-hundredths ($2.10) dollars per one hundred (100) pounds unladened; twenty thousand and one (20,001) pounds and over, two and twenty-five one-hundredths ($2.25) dollars per one hundred (100) pounds unladened; provided, that such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster as hereinafter provided; provided, should any motor vehicle within the terms of this act be changed in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon. Every vehicle required to be weighed by the provisions of this act shall be weighed annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not theretofore licensed under this act.
Any person engaged in the operation of a fleet or fleets of five or more motor vehicles for the carriage of persons or property both within and without this state shall be required to secure licenses for such vehicles by paying the fees hereinafter provided, based upon written application to the public service commission which shall contain the following information:
(a) The total number of vehicles in each fleet, indicating those which are power driven and those which are trailers, and a description of each.
(b) The total number of miles operated by each fleet both within and without the state during the last preceding calendar year.
(c) The total number of states in which such vehicles were operated during the last preceding calendar year.
(d) The description and number of routes traveled and schedules operated with such vehicles in this state indicating frequency of routing or scheduling.
(e) The number of vehicles which are necessary to rendering public service but are used only in standby capacity.
κ1953 Statutes of Nevada, Page 343 (CHAPTER 251, SB 144)κ
(f) Such other information as the public service commission may reasonably require for this purpose.
Upon receipt of such application, the public service commission shall determine the average number of power driven vehicles continuously required in this state in the normal conduct of the operations of each such fleet and shall require the payment of the fees prescribed in section 18 as to such number of power driven vehicles and the vehicles normally towed thereby when in operation and, upon payment, shall issue licenses therefor as provided in section 25. In addition, the public service commission shall, for a fee of two ($2) dollars each, issue identification plates for each other motor vehicle listed in the application provided for in this section, and, except as otherwise provided in this section, the provisions of section 18 shall be inapplicable to the vehicles listed in such application.
Each truck or tractor licensed under this section being operated in combination with any full trailer or semitrailer shall bear the license plate identifying such truck or tractor and shall, in addition, have affixed to it a plate or plates for the trailing vehicle or vehicles, and, when bearing such plates, such combinations shall be deemed to be properly licensed and it shall be unnecessary that any license plate be affixed to any trailing vehicle therein. The commissions decision with respect to licensing of vehicles shall be final.
(3) Every motor convoy carrier as hereinbefore defined shall be required to be licensed, and the fee therefor shall be as follows: For each motor vehicle driven, towed or carried by any motor convoy carrier, or driven singly, as set forth in section 2 of this act, a flat fee of seven dollars and fifty cents ($7.50) shall be paid by the person or persons engaged in such motor convoy carriage, for which said fee the said public service commission shall issue for each motor vehicle driven, towed, carried or driven singly by such motor convoy carrier, a distinctive certificate to the effect that such motor vehicle may be driven, towed, or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of departure from the state; provided, no such certificate shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whatsoever. Such certificate shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; provided, such certificate shall not be effective beyond the current year in which issued. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any license plates be issued for any such motor vehicle by the public service commission or any other state department; provided further, no registration plates, dealers plates, or any other license plates whatsoever, or any license or certificate, other than the said certificate provided in this section, issued by this or any other state, shall be deemed or construed to permit any convoying of motor vehicles as in this act defined, nor shall such certificate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which said certificate was issued or is required; provided, nothing in this act contained shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturers or dealers license plates at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license; provided that the provisions of this section shall not apply to vehicles transported by motor vehicles regularly licensed under the provisions of section 18 (1) and 18 (2).
κ1953 Statutes of Nevada, Page 344 (CHAPTER 251, SB 144)κ
shall such certificate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which said certificate was issued or is required; provided, nothing in this act contained shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturers or dealers license plates at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license; provided that the provisions of this section shall not apply to vehicles transported by motor vehicles regularly licensed under the provisions of section 18 (1) and 18 (2).
(4) And it is further provided, that all motor vehicle carriers, as hereinbefore defined in this act, except motor convoy carrier, commencing operation on and after the first day of July shall be liable for and shall pay only one-half of the license fee provided in this section for each motor vehicle required to be licensed herein, which said license shall expire at the same time as the full-year license.
(5) A nonresident owner or operator of a vehicle coming within the provisions of this act shall have the option in lieu of causing such vehicle to be licensed under this act and paying the annual license fees by applying for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee; provided, however, that the minimum fee for such trip shall not be less than $3 nor more than $30 per vehicle or combination of vehicles. Trip permits shall authorize operation over the public highways of this state for a period of not more than ninety-six (96) consecutive hours and shall permit one but not more than one round trip into or across the State of Nevada. All such trip permits shall be evidenced by stickers which shall be displayed on the windshield of the vehicle, or otherwise, as specified by the commission.
(6) A resident owner or operator dealing in the business of moving houses or parts of houses while in constructed or partially constructed state, shall have the option in lieu of causing such towing house moving vehicles, as he may use in his business of house moving, to be licensed under this act and paying the annual license fees to apply for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee. Trip permits shall authorize operation over the public highways of this state for a period of not more than forty-eight (48) consecutive hours. All such trip permits shall be evidenced by stickers which shall be displayed on the windshield of the vehicle, or otherwise as specified by the commission under such rules and regulations as may be promulgated by the commission.
Sec. 4. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 345κ
Senate Bill No. 196Senator Lovelock.
CHAPTER 252
AN ACT providing for the organization of water and sanitation districts; defining certain words and terms; providing for elections of boards of directors, their powers and duties; providing for the financial administration of districts, the levy and collection of taxes and levies to cover defaults and deficiencies; providing for inclusion and exclusion of real property and the liability of property included or excluded; empowering the boards of directors to issue bonds, and providing for interest thereon and maturity and denominations thereof; providing for elections in the creation of bonded indebtedness of districts; providing procedure for district dissolutions and other matters properly related thereto.
[Approved March 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Legislative Declaration-Definitions
Section 1. Legislative Declaration. It is hereby declared that the organization of water and sanitation districts, having the purposes and powers provided in this act, will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of said districts.
Sec. 2. Definitions.
1. A water district is one to supply water for domestic purposes by any available means, and for that purpose any such district shall have power to extend its water lines to the source of water supply.
2. A sanitation district is one to provide for sewage disposal and for that purpose any such district shall have power to extend its sewer lines to an appropriate outlet.
3. A district may be created for a combination of water and sewer purposes.
4. A district may be entirely within or entirely without, or partly within and partly without one or more municipalities or counties, and the district may consist of non-contiguous tracts or parcels of property.
5. The word board as used in this act shall mean the board of directors of a district.
6. A taxpaying elector of a district, within the meaning of this act, is a person or the spouse of a person, qualified to vote at general elections in this state, who has paid a general tax on real or personal property owned by him or her within the district in the 12 months, immediately preceding a designated time or event.
7. Whenever the term publication is used in this act and no manner specified therefor, it shall be taken to mean once a week for three consecutive weeks in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days (excluding the day of first publication), shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
κ1953 Statutes of Nevada, Page 346 (CHAPTER 252, SB 196)κ
Organization of District
Sec. 3. Organization of District. The district court sitting in and for any county in this state, or any judge thereof, is hereby vested with jurisdiction, power and authority to establish districts which may be entirely within or partly within and partly without the judicial district in which the court is located.
Sec. 4. Petition.
1. The organization of a district shall be initiated by a petition filed in the office of the clerk of the court vested with jurisdiction, in a county in which all or part of the real property in the proposed district is situated. The petition shall be signed by not less than 10 percent of the taxpaying electors of the district; provided, however, that no single tract or parcel of property containing 20 acres or more may be included in any district organized under this act without the consent of the owner or owners thereof.
2. The petition shall set forth:
(a) The name of the proposed district consisting of a chosen name preceding the words, water district or sanitation district, or water and sanitation district.
(b) A general description of the improvements to be constructed or installed within and for the district.
(c) The estimated cost of the proposed improvements.
(d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.
(e) A prayer for the organization of the district.
3. No petition with the requisite signatures shall be declared null and void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed, shall be considered by the court the same as though filed with the first petition placed on file.
Sec. 5. Bond of Petitioners. At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on the petition a bond shall be filed, with security approved by the court, sufficient to pay all expenses connected with the proceedings in case the organization of the district be not affected. If at any time during the proceeding the court shall be satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed, not less than 10 days distant, and upon failure of the petitioner to execute the same, the petition shall be dismissed.
Sec. 6. Notice of Hearing on Petition.
1. Immediately after the filing of such petition, the court wherein such petition is filed or a judge thereof, shall by order fix a place and time, not less than 20 days nor more than 40 days after the petition is filed, for hearing thereon and thereupon the clerk of the court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon.
κ1953 Statutes of Nevada, Page 347 (CHAPTER 252, SB 196)κ
court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon. The clerk of the court shall also forthwith cause a copy of the notice to be mailed by United States registered mail to the board of county commissioners of each of the several counties and to the governing body of each municipality having territory within the proposed district.
2. The district court in and for the county in which the petition for the organization of a district has been filed, shall thereafter for all purposes of this act, except as hereinafter otherwise provided, maintain and have original and exclusive jurisdiction, co-extensive with the boundaries of the district, and of the real property proposed to be included in the district or affected by the district without regard to the usual limits of its jurisdiction.
3. No judge of such court wherein such petition is filed shall be disqualified to perform any duty imposed by this act by reason of ownership of property within any proposed district.
Sec. 7. Hearings on Petitions; Election for Organization and Officers.
1. On the day fixed for such hearing or at an adjournment thereof the court shall ascertain from the tax rolls of the county or counties in which the district is located or into which it extends, from the last official registry list and from such other evidence which may be adduced, the total number of taxpaying electors residing within the proposed district.
2. If the court finds that no petition has been signed and presented in conformity with this act, or that the material facts are not as set forth in the petition filed, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in such proportion as it shall deem just and equitable. No appeal shall lie from an order dismissing the proceedings, but nothing herein shall be construed to prevent the filing of a subsequent petition or petitions for similar improvements or for a similar district, and the right so to renew such proceedings is hereby expressly granted and authorized.
3. Any time after the filing of the petition for the organization of a district and before the day fixed for the hearing thereon, the owner or owners of any real property within the proposed district may file a petition with the court stating reasons why the property should not be included therein, and praying that the property be excluded therefrom. Such petition shall be verified and shall describe the property sought to be excluded. The court shall hear the petition and all objections thereto at the time of the hearing on the petition for organization, and shall determine whether the property should be excluded or included in the district.
4. Upon the hearing, if it shall appear that a petition for the organization of a district has been signed and presented, as hereinabove provided, in conformity with this act, and that the allegations of the petition are true, the court shall, by order duly entered of record, direct that the question of the organization of the district shall be submitted to the taxpaying electors of the district at an election to be held for that purpose, and such order shall appoint three taxpaying electors of the district as judges of the election. The clerk of the court having jurisdiction shall give published notice of the time and place of the election to be held in the district not less than 20 days after the first publication of the notice.
κ1953 Statutes of Nevada, Page 348 (CHAPTER 252, SB 196)κ
the court having jurisdiction shall give published notice of the time and place of the election to be held in the district not less than 20 days after the first publication of the notice.
5. Such election shall be held and conducted as nearly as may be in the same manner as general elections in this state. There shall be no special registration for such election but for the purpose of determining qualifications of electors, the judges shall be permitted to use the last official registry lists of electors residing in the district, and in addition, they may require the execution of an affidavit concerning the qualifications of any elector.
6. At such election the voter shall vote for or against the organization of the district, and for five taxpaying electors of the district who shall constitute the board of directors of the district, if organized, one director to act until the first biennial election, two until the second, and two until the third biennial election.
7. The judges of election shall certify the returns of the election to the district court having jurisdiction. If a majority of the votes cast at the election are in favor of the organization, the district court shall declare the district organized and give it a corporate name by which, in all proceedings, it shall thereafter be known, and designate the first board of directors elected, and thereupon the district shall be a governmental subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.
8. If an order be entered establishing the district, such order shall be deemed final if no notice of appeal from such order be filed within 20 days after entry of the order, and the entry of such order shall finally and conclusively establish the regular organization of the district against all persons except the State of Nevada, in an action in the nature of a writ of quo warranto, commenced by the attorney general within 30 days after the decree declaring such district organized as herein provided, and not otherwise. The organization of the district shall not be directly or collaterally questioned in any suit, action or proceeding except as herein expressly authorized.
Sec. 8. Filing Decree. Within 30 days after the district has been declared a corporation by the court, the clerk of the court as county clerk shall file in his office a copy of the findings and the decree of the court incorporating said district, and he shall transmit copies to the county clerk of each of the counties in which the district or a part thereof may be or extend. The copies shall be filed in the same manner as articles of incorporation are now required to be filed under the general laws concerning corporations, but the county clerk in each county shall receive no fee for filing and preserving the same.
Board of Directors-Powers and Duties
Sec. 9. Bonds of Board of Directors. Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the county clerk their oaths of office, and corporate surety bonds at the expense of the district in an amount not to exceed $1,000 each, the form thereof to be fixed and approved by the court, conditioned for the faithful performance of their duties as directors.
Sec. 10. Organization of Board; Meetings; Vacancies; Election of Officers.
κ1953 Statutes of Nevada, Page 349 (CHAPTER 252, SB 196)κ
1. After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to inspection of all owners of real property in the district, as well as to all other interested parties.
2. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate fidelity bond in an amount not less than $5,000, conditioned on the faithful performance of the duties of his office.
3. Each member of the board shall receive as compensation for his service a sum not in excess of $60 per year, payable monthly. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided, and no member of the board shall be interested in any contract or transaction with the district, except in his official representative capacity.
4. It shall be the duty of the board of directors to cause an audit to be made of all financial affairs of the district during each year ending November 30, which audit shall be made during the last month of each calendar year. A financial statement shall be certified by the person making such audit, which shall be published in a newspaper of general circulation in the district, in one issue during the first week of January following such audit. Such audit shall be made by a public accountant or certified public accountant, who is not otherwise employed by the district.
5. The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.
Sec. 11. Meetings. The board shall meet regularly once each month at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the district require, on notice to each member of the board. Three members of the board shall constitute a quorum at any meeting. Any vacancy on the board shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election when the vacancy shall be filled by election. If the board shall fail, neglect or refuse to fill any vacancy within 30 days after the same occurs, the court having jurisdiction shall fill such vacancy.
Sec. 12. Elections
1. At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter an election shall be held, which shall be known as the biennial election of the district.
2. At the first biennial election in any district hereafter organized, and each sixth year thereafter, there shall be elected by the taxpaying electors of the district, one member of the board to serve for a term of six years; at the second biennial election and each sixth year thereafter, there shall be elected two members of the board to serve for terms of six years, and at the third biennial election, and each sixth year thereafter, there shall be elected two members of the board to serve for terms of six years.
κ1953 Statutes of Nevada, Page 350 (CHAPTER 252, SB 196)κ
electors of the district, one member of the board to serve for a term of six years; at the second biennial election and each sixth year thereafter, there shall be elected two members of the board to serve for terms of six years, and at the third biennial election, and each sixth year thereafter, there shall be elected two members of the board to serve for terms of six years.
3. Not later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall not later than 30 days before any such election certify such nominations to the county clerk or clerks if the district be composed of territory in more than one county. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, shall be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify.
Sec. 13. General Powers. For and on behalf of the district the board shall have the following powers:
1. To have perpetual existence.
2. To have and use a corporate seal.
3. To sue and be sued, and be a party to suits, actions and proceedings.
4. Except as otherwise provided in this act, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities. Except in cases in which a district will receive aid from a governmental agency, a notice shall be published for bids on all construction contracts for work, or material, or both, involving an expense of $5,000 or more. The district may reject any and all bids, and if it shall appear that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.
5. To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures, and to issue bonds, in accordance with the provisions of this act.
6. To acquire, dispose of and encumber real and personal property, water, water rights, water and sewer works and plants, and any interest therein, including leases and easements.
7. To refund any bonded indebtedness of the district without an election. Otherwise the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds.
8. To have the management, control and supervision, of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvement therein.
9. To hire and retain agents, employees, engineers and attorneys.
10. To have and exercise the power of eminent domain and in the manner provided by law for the condemnation of private property for public use to take any property necessary to the exercise of the powers herein granted, both within and without the district.
κ1953 Statutes of Nevada, Page 351 (CHAPTER 252, SB 196)κ
public use to take any property necessary to the exercise of the powers herein granted, both within and without the district.
11. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or water course; provided, however, that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof.
12. To fix and from time to time to increase or decrease water and sewer rates, tolls or charges for services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district. The board shall fix such rates, tolls or charges as shall be approved by the public service commission of the State of Nevada. Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. The board shall shut off or discontinue service for delinquencies in the payment of such rates, tolls or charges, or in the payment of taxes levied pursuant to this act, and prescribe and enforce rules and regulations for the connection with and disconnection from properties of the facilities of the district. For health and sanitary purposes the board shall have the power to compel the owners of inhabited property within a sanitation district to connect their property with the sewer system of such district, and upon a failure so to connect within 60 days after written notice by the board so to do the board may cause such connection to be made and a lien to be filed against the property for the expense incurred in making such connection; provided, however, that no owner shall be compelled to connect his property with such system unless a service line is brought, by the district to a point within 400 feet of his dwelling place.
13. To adopt and amend bylaws, not in conflict with the constitution and laws of the state for carrying on the business, objects and affairs of the board and of the district.
14. To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this act.
Financial Administration
Sec. 14. Taxes. In addition to the other means providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect ad valorem taxes on and against all taxable property within the district.
Sec. 15. Levy and Collection. To levy and collect taxes as herein provided, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and with other revenues will raise the amount required by the district annually, to supply funds for paying expenses of organization and the costs of construction, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of bonds and other obligations of the district, and in the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 16 hereof.
κ1953 Statutes of Nevada, Page 352 (CHAPTER 252, SB 196)κ
other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and with other revenues will raise the amount required by the district annually, to supply funds for paying expenses of organization and the costs of construction, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of bonds and other obligations of the district, and in the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 16 hereof. The board shall, on or before the first day of October of each year, certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes, such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
Sec. 16. Levies to Cover Defaults and Deficiencies. The board in certifying annual levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the district, are not sufficient punctually to pay the annual installments on its contracts or bonds, and interest thereon, and to pay defaults and deficiencies, then the board shall make such additional levies of taxes as may be necessary for such purposes, and notwithstanding any limitations, such taxes shall be made and continue to be levied until the indebtedness of the district shall be fully paid.
Sec. 17. Officers to Levy and Collect Taxes. It shall be the duty of the body having authority to levy taxes within each county, to levy the taxes provided in this act and it shall be the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the district ordering its levy and collection, and the payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district. All taxes levied under this act, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall, until paid, constitute a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of general taxes, and no sale of such property to enforce any general tax or other lien shall extinguish the perpetual lien of district taxes.
Sec. 18. Sale for Delinquencies. If the taxes levied are not paid as herein provided, the property subject to the tax lien shall be sold, and the proceeds thereof shall be paid over to the district, according to provisions of the laws applicable to tax sales and redemptions.
κ1953 Statutes of Nevada, Page 353 (CHAPTER 252, SB 196)κ
Sec. 19. Sinking Fund. Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.
Inclusion and Exclusion of Real Property
Sec. 20. Inclusion. The boundaries of any district organized under the provisions of this act may be changed in the manner herein prescribed, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any such change of boundaries not been made. The owners of real property may file with the board a petition, in writing, praying that such real property be included in the district. The petition shall describe the property owned by the petitioners, and such petition shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition, and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged. The secretary of the board shall cause notice of filing of such petition to be given and published in the county in which the property is situated, which notice shall state the filing of such petition, names of petitioners, descriptions of lands mentioned and the prayer of the petitioners; giving notice to all persons interested to appear at the office of the board at the time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned or at such time or times at which the hearing may be adjourned, proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause why the petition should not be granted. The failure of any person interested to show cause in writing shall be deemed and held and taken as an assent on his part to the inclusion of such lands in the district as prayed for in the petition. If the petition is granted, the board shall make an order to that effect and file the same with the county clerk and upon order of the court the property shall be included in the district.
Sec. 21. Exclusion. The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from the district. Petitions shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which the property or the major portion thereof, is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in the petition, and the prayer of the petitioners; and it shall notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted.
κ1953 Statutes of Nevada, Page 354 (CHAPTER 252, SB 196)κ
state the filing of such petition, the names of petitioners, description of the property mentioned in the petition, and the prayer of the petitioners; and it shall notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of the petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that the petition be denied; but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the county clerk and upon order of the court the property shall be excluded from the district.
Sec. 22. Liability of Property Included or Excluded. All real property included within, or excluded from, a district shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at the time of inclusion or exclusion.
contracts-bonds
Sec. 23. Board Empowered to Issue Bonds; Interest, Maturity and Denominations. To carry out the purposes of this act, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall bear interest at a rate not exceeding 6 percent per annum, payable semiannually and shall be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 20 years from date. The form and terms of the bonds, including provisions for their payment and redemption shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding 3 percent of the principal thereof. The bonds shall be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board. The bonds shall be in such denominations as the board shall determine and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the chairman of the board.
Sec. 24. Board May Submit Question of Creating Indebtedness for Public Works to Electors; Resolution Calling Election. Whenever any board shall, by resolution, determine that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of an indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness to the qualified taxpaying electors of the district at an election held for that purpose.
κ1953 Statutes of Nevada, Page 355 (CHAPTER 252, SB 196)κ
improvements or facilities, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, requiring the creation of an indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness to the qualified taxpaying electors of the district at an election held for that purpose. Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this act. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint, for each polling place from the electors of the district, the officers of such election consisting of three judges, one of whom shall act as clerk.
Sec. 25. Notice of Election. The board shall prescribe the form of the notice of election, and direct the publication of the same, the first publication of the notice to be not less than 20 days prior to the election.
Sec. 26. Conduct of Election; Canvass of Returns. The election board or boards shall conduct the election in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district. At any regular or special meeting of the board held within 5 days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.
Sec. 27. Effect of Election; Subsequent Elections. In the event that it shall appear from the returns that a majority of the qualified taxpaying electors of the district who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell such bonds of the district, as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.
Sec. 28. Applicability of Other Acts. The provisions of this act are hereby declared to be implementary to that certain act entitled, An act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith, approved March 23, 1927, being chapter 110, Statutes of Nevada 1927, and all provisions of that act are applicable to any bond issue under this act; provided, that in the event of conflict the provisions of this act shall be controlling.
κ1953 Statutes of Nevada, Page 356 (CHAPTER 252, SB 196)κ
An act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith, approved March 23, 1927, being chapter 110, Statutes of Nevada 1927, and all provisions of that act are applicable to any bond issue under this act; provided, that in the event of conflict the provisions of this act shall be controlling.
Dissolution of Districts
Sec. 29. Petition for Election for Dissolution; Board to File Application in District Court. Whenever a majority of the taxpaying electors within a district shall file a petition with the secretary of the board thereof praying for the call of a special election for the purpose of submitting a proposition to dissolve the district, or whenever all of the members of the board of the district deem it to be to the best interests of such a district that it be dissolved, the board shall file an application as hereinafter provided in the district court for such dissolution, which application shall be accompanied by a financial statement of the district as of the date of the application, and by a certificate of the board of directors stating that all outstanding and bonded indebtedness of the district has been paid. No notice of election shall be issued, and no election shall be held unless such financial statement and certificate accompanies the application; and in the event that such a petition is filed with the secretary and the board certifies that there is an outstanding or bonded indebtedness, the judge shall issue an order that no such election shall be held.
Sec. 30. Application to Describe Territory Embraced in District. The application shall be made to the district court in which the petition for incorporation of the district was originally filed. The application shall describe the territory embraced in the district, the fact that the entire district is desired to be dissolved and the fact that there is no outstanding indebtedness or outstanding and unsatisfied bonds, and shall have annexed thereto an accurate map showing the boundaries of the district to be dissolved.
Sec. 31. Notice of Filing of Petition. Upon presentation of the petition, the clerk of the court shall cause a notice to be published in some newspaper published in the county where the district or a greater part thereof is situated, and such notice shall be published for the time prescribed in the Nevada rules of civil procedure for the publication of summons. Such notice shall recite the fact that a petition has been filed and by whom and shall state that all indebtedness of the district has been paid and shall state that the entire district is to be dissolved. The notice shall further specify the time and place of the election, which time shall not be less than 20 nor more than 40 days after the date of the last publication date of the notice; provided, however, that if an objection to the petition is filed in court within 20 days from the date of the last publication date of the notice the court may continue the election from time to time, not to exceed 6 months, until such objections have been disposed of and due notice of the time and place of any continued election shall be given in the manner and form prescribed by the court.
Sec. 32. Objection to Petition. Any taxpaying elector may file an objection to the petition, which objection must be filed within 19 days of last publication of the notice.
κ1953 Statutes of Nevada, Page 357 (CHAPTER 252, SB 196)κ
objection to the petition, which objection must be filed within 19 days of last publication of the notice. No objection filed after 19 days from date of last publication of notice shall be valid unless it alleges with particularity one of the following grounds:
1. Failure to comply with the express terms of this act.
2. Lack of jurisdiction of the court in which the application is filed.
3. Actual fraud or misrepresentation contained in the petition, or in the obtaining of signatures thereto, or in the application.
Sec. 33. General Election Laws Apply; Form of Ballot.
1. The election herein provided shall be governed as near as practicable by the general election laws of this state. It shall be the duty of the secretary of the board to prepare the ballots to be used at the election.
2. There shall be printed on the ballot substantially the following words:
Shall the........................................district be dissolved?
For dissolution...................
Against dissolution...................
Sec. 34. Majority Vote Determines Question. At the time specified in the notice, an election shall be held at which time the taxpayers shall vote on the question of dissolving the district. A majority of the votes cast shall determine the question. If a majority of the taxpaying electors vote to dissolve the district, the district shall be dissolved 60 days after date of the election. Any objections to the election, or proceedings to invalidate the election must be filed within 30 days from the date of the election.
Sec. 35. Judge to Enter Order; Costs. In the event that a district is voted to be dissolved, the judge shall enter an order dissolving the district, and a certified copy of such order shall be filed in the county or counties in which the district may be or extend, by the clerk of the district court, and no fees shall be collected for such filing.
Sec. 36. Disposition of Remaining District Funds; Unpaid Tax Sales and Levies Remain Lien. All funds remaining in the treasury of any district voted to be dissolved in excess of the outstanding indebtedness shall be surrendered to the county in which the district exists and becomes a part of the general fund of the county. In the event any district exists in more than one county, the funds remaining on hand at the time of dissolution shall be divided between the counties in which the district exists pro rata according to the tax collections received from the area in each county during the last tax year. All outstanding and unpaid tax sales and levies of a dissolved district shall be valid and remain a lien against the property against which they are assessed or levied until paid. Taxes paid after dissolution shall be placed in the general fund of the county in which the property was assessed. The county commissioners shall have the same power to enforce the collection of all outstanding tax sales of the district as the district would have had in the event it had not been dissolved.
Miscellaneous Provisions
Sec. 37. Correction of Faulty Notices. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
κ1953 Statutes of Nevada, Page 358 (CHAPTER 252, SB 196)κ
where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
Sec. 38. Early Hearings. All cases in which there may arise a question of the validity of the organization of a district, or a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
Sec. 39. Liberal Construction. This act being necessary to secure and preserve the public health, safety, convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 40. Supplementing Provision. The provisions of this act shall be construed and interpreted as being in addition to the provisions of that certain act entitled, An act to provide for the formation, government, operation, organization, combination, dissolution, and alteration of boundaries of sewage, water, and garbage disposal districts in any part of the state, for the construction of sewers, sewage disposal plants, sewage treatment plants, water systems, garbage disposal systems, and other sanitary purposes; the acquisition of property for the foregoing purposes; the issuance and disposal of various types of bonds, the determination of their validity, and making provision for the payment of such bonds and the disposal of their proceeds; to appoint the board of county commissioners of each county as a sanitary board and to appoint the assessor of each county as a sanitary assessor, and to authorize said sanitary board and sanitary assessor to hire or appoint such personnel as they deem necessary to carry out the provisions of this act, and to make and enforce such regulations as are necessary to carry out the purposes of this act, and to promote the public health and safety, and all matters properly related thereto, approved March 27, 1947, being chapter 138, Statutes of Nevada 1947.
Sec. 41. Limitation. The provisions of this act shall be applicable only to those counties having a population, according to the 1950 United States census, of more than 30,000 persons, as an alternate method to that prescribed by chapter 138, Statutes of Nevada 1947.
Sec. 42. Effective Date. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 359κ
Assembly Bill No. 410Special Committee on Public Service Commission.
CHAPTER 253
AN ACT to amend an act entitled, An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, to make exceptions in certain cases, and other matters properly connected therewith, approved March 21, 1925.
[Approved March 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being section 4353, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 4. Whenever an automobile, motorcycle, or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes any person or collides with any vehicle containing a person, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver shall immediately cause such vehicle to stop, and shall render to the person struck, or the occupants of the vehicle collided with, all necessary assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying be requested by the person struck, or the occupant of the vehicle struck; and such driver and the person having or assuming authority over such driver shall further give to the occupants of such vehicle, or such person struck, the number of his or their said vehicle, also the name of the owner thereof, and the name of the passenger, or passengers, in each said vehicle at the time of such striking or collision, and every such driver shall, as soon as possible, make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, or if such a collision occurs within an incorporated city, to the chief of police of said city; and whenever an automobile, motorcycle or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes or collides with any unoccupied vehicle, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver, shall immediately cause such vehicle to stop, and shall ascertain the name of the owner of the vehicle so struck, or the license number thereof, and shall immediately make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, if the same be without the limits of an incorporated city, or if such a collision occurs within an incorporated city, to the chief of police of said city. The sheriff or chief of police, upon receiving a report of any accident or collision which results in bodily injury to any person or property damage in excess of $100, shall forthwith prepare a copy of the report and file the same with the drivers license division of the public service commission. Any person violating any of the provisions of this section shall be punished as for a gross misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 360κ
Assembly Bill No. 293Mr. Mount.
CHAPTER 254
AN ACT to amend an act entitled, 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.
[Approved March 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 154, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 3. No vehicle operated or moved upon any public highway under the authority of a continuous permit shall exceed a maximum weight of 20,000 pounds on any single axle. Before any continuous permit is issued the applicant shall pay a reasonable fee to be determined by the state highway department or the governing body of any city or county to pay the costs and expenses of conducting an initial investigation of the highway or highways involved. In the event that after issuance of a continuous permit by the state highway department or the governing body of any city or county, such department or governing body finds that the traffic authorized by such continuous permit has caused substantial highway distress, then such continuous permit may be revoked summarily, but such revocation shall not operate to prevent subsequent filing of a new application for another continuous permit.
Sec. 2. Section 5 of the above-entitled act, being chapter 154, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 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.
Any person operating or moving any vehicle or equipment designated in section 1 of this act over any public road under the authorization of a continuous permit and who violates any weight limitation in excess of the weight authorized by the permit shall be punished, upon conviction as provided in section 23 of that certain 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, and being chapter 122, Statutes of Nevada 1925.
Sec. 3. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 361κ
Assembly Bill No. 150Mr. Walters (by request).
CHAPTER 255
AN ACT to amend an act entitled, An act for the protection of proprietors of hotels and lodging houses, approved March 2, 1867.
[Approved March 26, 1953]
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 3330, N.C.L. 1929, is hereby amended to read as follows:
Section 1. Every hotel or lodging house proprietor or proprietors, or person who lets rooms to lodgers for hire, shall have a lien upon all property belonging to his patron, guest, boarder or tenant brought within the hotel, lodging house or rooms for the amount that may be due from any such person for boarding, lodging, rent, or for money paid or advanced to them, and for such other extras as are furnished at their request, and is authorized to retain possession of such property until the innkeepers lien and the cost of enforcing it are satisfied. At any time after 60 days after default made in the payment of a debt secured by a lien upon personal property as in this section provided, such lien may be foreclosed by sale of the property or some part thereof as provided in section 3.
Sec. 2. Section 2 of the above-entitled act, being section 3331, N.C.L. 1929, is hereby amended to read as follows:
Section 2. All baggage or property of whatever description, left at a hotel or lodging house for the period of 120 days may be sold at public auction by the proprietor or proprietors thereof as provided in section 3.
Sec. 3. Section 3 of the above-entitled act, being section 3332, N.C.L. 1929, is hereby amended to read as follows:
Section 3. All sales made under the preceding sections of this act shall be made at public auction; provided, that no sale shall be valid unless notice of such sale is published at least once a week for two successive weeks prior to the sale, in some newspaper published in the county in which the sale is to take place, or in case no newspaper is published therein, by posting notices at least 10 days prior to the sale in at least three public places in such county, two of which shall be in the township where the property is to be offered for sale. Such notice shall give a description of the property to be sold, the time and place of such sale, the name of the hotel or lodging house at which such property or baggage was left, the name of the owner of such property when known, and shall be signed by the person conducting the sale. Provided, that if the name and residence of the owner of the property upon which the lien is to be foreclosed is known, a copy of the notice shall at the time of the posting or publication be delivered to him, if he resides in the county; otherwise, mailed to him at his last known place of residence. After paying all costs of keeping the property until the time of sale, the reasonable costs of the sale and the amount due the lien claimant, the remainder, if any, shall be paid to the county treasurer of the county in which the lien is foreclosed with a statement of the innkeepers claim, the costs of enforcing it, a copy of the published or posted notice, and the amount received for such property sold at such sale.
κ1953 Statutes of Nevada, Page 362 (CHAPTER 255, AB 150)κ
innkeepers claim, the costs of enforcing it, a copy of the published or posted notice, and the amount received for such property sold at such sale. Such residue shall be credited by the county treasurer to the school fund of the county, subject to a right of such guest or boarder, or his representative, to reclaim it within 6 months from the date of such deposit.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 190Messrs. Embry and Byrne.
CHAPTER 256
AN ACT to limit the liability of owners and keepers of hotels, inns, motels, motor courts and boarding or lodginghouses, providing for certain rights and obligations, and other matters properly relating thereto.
[Approved March 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. No owner or keeper of any hotel, inn, motel, motor court, or boarding or lodginghouse in this state shall hereafter be civilly liable for the loss of any property left in the room of any guest of any such establishment by reason of theft, burglary, fire or otherwise, in the absence of gross neglect upon the part of such keeper or owner.
Sec. 2. Every owner or keeper of any hotel, inn, motel, motor court, or boarding or lodginghouse in this state shall have the right to evict from such premises anyone who acts in a disorderly manner or who destroys the property of any such owner or keeper, or who causes a public disturbance in or upon such premises.
Sec. 3. Every keeper of any hotel, inn, motel, motor court in this state, shall post in a conspicuous place in the office and in every bedroom of such establishment, a printed copy of sections 1 to 3 inclusive of this act, and a statement of charge or rate of charges by the day for lodging. No charge or sum shall be collected for any greater or other sum than he is entitled to by the general rules and regulations of such establishment. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party three times the amount of the sum charged in excess of what he is entitled to.
Sec. 4. That certain act entitled, An act to limit the liability of hotel keepers, and other matters properly connected therewith, approved March 21, 1925, being sections 3334-3336, 1929 N.C.L., as amended by chapter 27, Statutes of Nevada 1951, and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.
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κ1953 Statutes of Nevada, Page 363κ
Assembly Bill No. 221Mr. Mount.
CHAPTER 257
AN ACT to amend an act entitled, 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.
[Approved March 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 4 of the above-entitled act, being chapter 152, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 4. Board of Dental Examiners. Appointment; Term; Removal. The board of dental examiners of Nevada shall consist of seven members two of whom shall be from Washoe county, two from Clark county and three from the state at large, 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 one candidate has filed on or before the first day of November an application for examination at the December meeting; provided, that if there be a duly qualified applicant for examination who shall file his application within 20 days prior to the first day of September or prior to the first day of April the board shall meet during the month of September or April as the case may be for the purpose of examining said applicant; provided further, that if such examination be given in September or April no like examination shall be required or given in the next ensuing April or September as the case may be. An applicant who shall fail to pass an examination given in June or December shall not be eligible to take a September or April examination.
κ1953 Statutes of Nevada, Page 364 (CHAPTER 257, AB 221)κ
who shall fail to pass an examination given in June or December shall not be eligible to take a September or April examination.
The board shall also meet at such other times and 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.
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) 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 ........................................................................ ...................................................................................... 50.00Reinstatement fee for suspended dental license .......... ................................................................ $25.00
κ1953 Statutes of Nevada, Page 365 (CHAPTER 257, AB 221)κ
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 in addition to the annual license fee due thereon.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 205Miss Frazier.
CHAPTER 258
AN ACT to amend an act entitled, An act to enable counties to establish and maintain public hospitals, levy a tax and issue bonds therefor, elect hospital trustees, maintain a training school for nurses, and provide suitable means for the care of such hospitals and of disabled persons, and repealing a certain act, approved March 27, 1929, as amended.
[Approved March 26, 1953]
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 150, Statutes of Nevada 1943, is hereby amended to read as follows:
Section 1. Any county or group of counties may establish a public hospital in the following manner: (a) Whenever the board of county commissioners of any county shall be presented with a petition signed by at least thirty per centum (30%) of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in said petition the maximum amount of money proposed to be expended in purchasing or building said hospital, including acquisition of site, each such board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county. (b) Whenever the board of county commissioners of any county shall be presented with a petition signed by at least fifty per centum (50%) of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in said petition the maximum amount of money proposed to be expended in purchasing or building said hospital, including acquisition of site, each such board of county commissioners shall call a special election for the purpose of submitting the question of issuing bonds therefor to the qualified electors of the county, to be held within forty days after such petition shall have been filed with said board. Whenever the board of county hospital trustees of any county shall deem it advisable that an annual tax be levied for the enlargement, maintenance, repair, or reconstruction of a public hospital, said board shall, by resolution, request the board of county commissioners of said county to levy an annual tax therefor and shall specify in said resolution the maximum amount of money proposed to be expended for any or all of said purposes, and thereupon said board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county.
κ1953 Statutes of Nevada, Page 366 (CHAPTER 258, AB 205)κ
county hospital trustees of any county shall deem it advisable that an annual tax be levied for the enlargement, maintenance, repair, or reconstruction of a public hospital, said board shall, by resolution, request the board of county commissioners of said county to levy an annual tax therefor and shall specify in said resolution the maximum amount of money proposed to be expended for any or all of said purposes, and thereupon said board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county. In such case the board of county commissioners is hereby authorized to employ such additional inspectors and clerks of election as may be necessary for the said general election. Four weeks notice (being five publications one week apart) of any election to be held pursuant to this act shall be given by publishing the same in one or more newspapers published in each county affected thereby, if any be published therein, otherwise by posting a written or printed notice in each precinct of the county, which notice shall include the text of the resolution or petition and shall state the amount and term of the county bonds proposed to be issued, which term shall not exceed twenty years, also the amount of the tax proposed to be levied upon the assessed property of the said county in order to pay and redeem said bonds and otherwise accomplish the purposes set out in the resolution or petition, which tax shall not exceed two mills on the dollar annually for a period of time not exceeding twenty years, and also the purposes for which it is proposed to use the funds derived therefrom. Each such election shall be held at the usual places in each county for voting upon county officers, and shall be canvassed. Every such election shall be held in full conformity with the provisions of chapter 70, Statutes of Nevada 1937. If the result of the election in each county concerned shall be in favor of the proposition so submitted, the board or boards of county commissioners shall issue such bonds and levy such taxes as the electors shall have authorized. All moneys received as a result thereof shall be credited to the hospital fund and shall be paid out on the order of the board of county hospital trustees for the purposes for which realized or collected and not otherwise. For the purposes of this act, the word taxpayers shall be deemed to include only citizens of the United States of the age of twenty-one years and upwards who, at the time of filing their petition, are registered electors of the county in which an election is proposed to be held and whose names appear on the latest assessment roll of said county as owners of real or personal property.
________
κ1953 Statutes of Nevada, Page 367κ
Assembly Bill No. 430Mineral County Delegation.
CHAPTER 259
AN ACT to amend an act entitled, An act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved March 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, as amended by section 1 of chapter 293, Statutes of Nevada 1951, is amended to read as follows:
Section 19. All moneys received for service or the sale of electrical energy and current distributed by said system, and other revenues accruing therefrom or in connection therewith, shall be paid by the officer or person collecting the same to the county treasurer of the county of Mineral, and shall be by him placed in the Mineral county light and power fund, which is hereby created; provided, however, that all moneys deposited by users as meter deposits or line construction deposits shall be kept in a separate fund, to be known as the Mineral county light and power deposit fund, which is likewise hereby created; and the board of commissioners may, from time to time, set aside such portion thereof as may be necessary or advisable to provide for the maintenance and operation of the Mineral county power line.
Sec. 2. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 368κ
Assembly Bill No. 12Mr. Hawes.
CHAPTER 260
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 26, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2.1 of the above-entitled act, as added by chapter 276, Statutes of Nevada 1947, and as last amended by chapter 316, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 2.1. (a) Notwithstanding any other provision of this act there is hereby levied an excise tax on motor vehicle fuel, in addition to any other tax in this act provided, of one-half (1/2) cent per gallon. This tax shall be accounted for by each dealer and shall be collected in the manner provided in this act and shall be paid to the state treasurer, who shall receipt the dealer therefor. The receipts of the tax as levied in this subsection and collected by the state treasurer shall be allocated quarterly by the state treasurer to the counties upon the following formula:
One-fourth in proportion to total area;
One-fourth in proportion to population, according to the latest available federal census;
One-fourth in proportion to road mileage and street mileage (non-federal aid primary roads);
One-fourth in proportion to vehicle miles of travel on roads (non-federal aid primary roads).
The amount due the counties under such formula shall be remitted quarterly. The state controller shall draw his warrants payable to the treasurer of each of the several counties, and the state treasurer shall pay the same out of said proceeds of the tax herein levied. Any refund to be made of the tax in this section provided shall be paid in the manner provided in this act and deducted from the amount of any later payment to the county or counties in which the tax was collected. Money received by the counties by reason of the provisions of this paragraph shall be used exclusively for the construction, maintenance and repair of county roads, and for the purchase of equipment for such work, under the direction of the boards of county commissioners of the several counties, and shall not be used to defray expenses of administration.
κ1953 Statutes of Nevada, Page 369 (CHAPTER 260, AB 12)κ
of the several counties, and shall not be used to defray expenses of administration.
(b) In addition hereto there is hereby levied an excise tax, in addition to any other tax in this act provided, of one cent (1’) per gallon. This tax shall be accounted for by each dealer as to the county in which it is sold to the retailer and shall be collected in the manner provided in this act and shall be paid to the state treasurer who shall receipt the dealer therefor. The receipts of the tax as levied in this subsection, and collected by the state treasurer, shall be allocated quarterly by the state treasurer to the counties in which the tax payment originates and shall be expended by the county solely for the construction, maintenance and repair of the public highways of said county and incorporated cities within said counties, and for the purchase of equipment for such work, and shall not be used to defray the expenses of administration, to be apportioned from the general road fund of the county on the ratio which the assessed valuation of property within the boundaries of said incorporated cities bear to the total assessment valuation of the counties inclusive of property within incorporated cities, and all such money so apportioned shall be expended upon the streets, alleys and public highways of such city under the direction and control of the governing body of said city, other than state highways, and for no other purpose. Any refunds to be made of the tax in this section provided shall be paid in the manner provided in this act, and deducted from the amount of any later payment to the county or counties in which the tax was collected. The provisions of paragraph (b) of section 2.1 of this act shall be deemed to be optional. The county commissioners of any county may decline to accept the one cent (1’) per gallon tax by adoption of a resolution passed prior to the effective date of this act and which shall be reconsidered and passed once each year within sixty days prior to July 1 of each year as long as the county commissioners desire so to act, and upon the adoption of such a resolution no tax shall be collected.
Sec. 2. This act shall be effective July 1, 1953, and shall expire only upon its repeal.
________
Senate Bill No. 209Senators Gallagher, Lovelock and Lattin.
CHAPTER 261
AN ACT to amend an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 206 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:
Section 206. Negotiable Coupon Bonds for School Districts-Limit. Any school district of the state, now existing or which may hereafter be created, is hereby authorized to borrow money for the purpose of erecting and furnishing a school building or buildings and maintaining the same, purchasing grounds on which to erect such building or buildings, or for refunding floating indebtedness, or for any or all of these purposes, by issuing negotiable coupon bonds of the district in the manner by this school code provided.
κ1953 Statutes of Nevada, Page 370 (CHAPTER 261, SB 209)κ
be created, is hereby authorized to borrow money for the purpose of erecting and furnishing a school building or buildings and maintaining the same, purchasing grounds on which to erect such building or buildings, or for refunding floating indebtedness, or for any or all of these purposes, by issuing negotiable coupon bonds of the district in the manner by this school code provided.
The total bonded indebtedness for school purposes of a school district shall at no time exceed ten (10) percent of the total of the last assessed valuation for county purposes of the taxable property situate within that school district.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 208Senators Gallagher, Lovelock and Lattin.
CHAPTER 262
AN ACT relating to the bonds of school districts issued under the authority of section 206 of that certain act of the legislature 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; validating all such bonds now outstanding, and other matters properly relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All bonds of every school district which have heretofore been authorized and issued pursuant to the provisions of section 206 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, and being chapter 63, Statutes of Nevada 1947, and the purchase price therefor received, and which are now outstanding and have not been declared invalid by a court of competent jurisdiction, are hereby validated and declared to be legal and binding obligations in accordance with their terms, notwithstanding any question as to the validity of such bonds which could have been raised except for the passage of this act.
Sec. 2. This act shall be effective upon passage and approval.
________
Senate Bill No. 190Senators Lemaire and Whitacre.
CHAPTER 263
AN ACT authorizing the governor to appoint an executive assistant, defining his duties, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created the position of executive assistant to the governor.
κ1953 Statutes of Nevada, Page 371 (CHAPTER 263, SB 190)κ
ant to the governor. The executive assistant shall be appointed by and responsible to the governor, he shall perform such services as may be required of him by the governor, and as authorized by law. He shall serve at the pleasure of the governor.
Sec. 2. The executive assistant to the governor shall receive such annual salary as shall be provided by law, which shall be paid out of funds appropriated to the office of the governor by the legislature from the general fund. Such compensation shall be in full payment for all services rendered to the state.
Sec. 3. The governor shall, at his discretion, have the power and authority to delegate to the executive assistant various functional duties of the governors office. The executive assistant may be authorized to represent the governor at board meetings, to sign various official papers and documents in the name of the governor, to give assistance to the governor in the performance of duties authorized by law and the constitution, and to generally aid the governor in supervising and improving the administrative organization of the government of the State of Nevada.
Sec. 4. The duties and functions heretofore delegated by law to the governors private secretary are hereby transferred to the executive assistant. The executive assistant shall demand and collect all fees which by law he is authorized to do for any service in connection with his office, and at the end of each and every month he shall pay the same into the state treasury for deposit in the general fund.
Sec. 5. That certain act of the legislature of the State of Nevada entitled, An act authorizing the governor of the state to appoint a private secretary, defining his duties, and fixing his compensation, approved March 10, 1865, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 6. That certain act of the legislature of the State of Nevada entitled, An act fixing the salary of the private secretary to the governor, and making an appropriation therefor, approved March 22, 1909, and all acts amendatory thereof or supplementary thereto, are hereby repealed.
Sec. 7. This act shall become effective on passage and approval.
________
Senate Bill No. 191Senators Lemaire and Whitacre.
CHAPTER 264
AN ACT to amend an act entitled, An act providing for a state budget, creating the position of director of the budget, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 29, 1949.
[Approved March 27, 1953]
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 3 of chapter 299, Statutes of Nevada 1949, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 372 (CHAPTER 264, SB 191)κ
Section 3. There is hereby created the position of director of the budget.
Sec. 2. Section 7 of the above-entitled act, being section 7 of chapter 299, Statutes of Nevada 1949, is hereby amended to read as follows:
Section 7. The director shall have such technical and clerical assistance as the execution of his duties requires. He shall be furnished with suitable office space for the performance of the duties provided in this act.
Sec. 3. Section 20 of the above-entitled act, being section 20 of chapter 299, Statutes of Nevada 1949, is hereby repealed.
Sec. 4. This act shall become effective on passage and approval.
________
Senate Bill No. 167Senator Lemaire.
CHAPTER 265
AN ACT to authorize the Colorado river commission to employ additional engineers and engineering service for the purpose of safeguarding and protecting the water and water rights of the State in the Colorado river now jeopardized by the pending suit in the supreme court of the United States by the State of Arizona against the State of California, and to provide for the costs and expenses thereof from the Colorado river commission fund.
[Approved March 27, 1953]
Whereas, Section 7 of the Colorado river commission act, being chapter 71 of the 1935 Statutes of Nevada, as amended at 1947 Statutes, page 738, provides:
Said commission is hereby empowered to receive, protect, and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests, or benefits in and to the waters of the Colorado river and to the power generated thereon, now held by or which may hereafter accrue to the State of Nevada under and by virtue of any act of the congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise,
and
Whereas, The State of Arizona has brought an original suit in the supreme court of the United States against the State of California with respect to and concerning the right to the use of the waters of the Colorado river theretofore apportioned to and allotted said states pursuant to and subsequent to the adoption of the Colorado river compact and agreements thereunto entered into, and
Whereas, The State of Nevada was a signatory to said compact and thereafter was apportioned and allotted valuable rights in and to the waters of said river for its exclusive use and benefit, and
Whereas, The said suit so instituted by said State of Arizona may and can jeopardize the right of this state to the waters of said river allotted to it, and may and can result in the judgment of the court materially modifying or entirely destroying Nevadas right thereto, and
κ1953 Statutes of Nevada, Page 373 (CHAPTER 265, SB 167)κ
Whereas, It is necessary for this state to intervene in said suit for the protection of its rights and interest in said waters, and
Whereas, In the preparation of the states suit in intervention it is and will be necessary for the state to cause to be prepared extensive engineering examination of the land use of the waters apportioned and allotted to the state, which will entail costs and expenses to the state not now necessarily incurred in the administration of the Colorado river by the said commission, and
Whereas, It is the duty of the Colorado river commission to receive, protect, safeguard and hold in trust for the state all water and water rights in and to the waters of the Colorado river, now therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law to the contrary and in addition to the powers and duties of the Colorado river commission now provided by law, said commission is hereby authorized and directed to employ such additional engineers and engineering service it may deem necessary in the preparation of such engineering survey of land use or any other survey deemed necessary for the protection of Nevadas rights in and to the waters of the Colorado river, and to fix the reasonable compensation therefor. Said commission is further authorized to enlist and employ the services of the state engineer for assistance in carrying out the purposes of this act.
Sec. 2. For the purpose of providing funds for carrying out the provisions of this act, the Colorado river commission is hereby authorized and directed to expend from the Colorado river commission fund a sum of not to exceed fifty thousand ($50,000) dollars. All claims submitted against said fund in this act provided shall first be approved by the commission and by the state board of examiners and thereafter paid as other claims against the state are paid.
Sec. 3. This act shall be effective upon passage and approval.
________
Senate Bill No. 104Committee on State Institutions.
CHAPTER 266
AN ACT providing for remodeling and repair work at the state childrens home, specifying the duty of the superintendent thereof, making appropriations therefor, and other matters relating thereto.
[Approved March 27, 1953]
Whereas, The state childrens home has had an influx of children of nursery and kindergarten ages, and
Whereas, There are no quarters specifically designed for the care of such children, and
Whereas, The quarters presently used for such children are urgently needed for older girls, and
Whereas, Recent construction of a new dining room has made available space which can be remodeled for a nursery, and the present nursery can be utilized by slight remodeling into roomettes for older girls, now, therefore,
κ1953 Statutes of Nevada, Page 374 (CHAPTER 266, SB 104)κ
available space which can be remodeled for a nursery, and the present nursery can be utilized by slight remodeling into roomettes for older girls, now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is appropriated from the general fund the sum of $6,000 for the purpose of remodeling work at the state childrens home, and for the work, labor, materials, equipment and furniture incident thereto. The superintendent of the state childrens home is charged with the duty of carrying out the provisions of this act.
Sec. 2. The superintendent is authorized to employ such artisans, workmen and laborers, as well as supervisory employees, as may be necessary, and is further authorized to purchase such materials, equipment and furniture as may be necessary, to carry out the provisions of this act.
Sec. 3. The funds hereby appropriated shall be paid out on claims as other claims against the state are paid, all claims, however, must first be approved by the superintendent.
Sec. 4. This act shall be effective on passage and approval.
________
Senate Bill No. 71Committee on Federal Affairs.
CHAPTER 267
AN ACT to amend an act entitled, An act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 27, 1953]
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 9954, N. C. L. 1929, is hereby amended to read as follows:
Section 5. All the laws of this state concerning crimes and punishments, or applicable thereto, are extended to and over all Indians in this state, whether such Indians be on or off an Indian reservation, and all of said laws are hereby declared to be applicable to all crimes committed by Indians within this state, whether committed on or off an Indian reservation.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 375κ
Senate Substitute to Senate Bill No. 21Senator Murray.
CHAPTER 268
AN ACT to provide the order in which persons shall be qualified for appointment as guardians of the person and estate of incompetent persons.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The letters of guardianship of an incompetent person or his estate shall be granted to one or more of the persons hereinafter mentioned and they shall be, respectively, entitled in the following order:
First-The surviving husband or wife, or such person as he or she may request to have appointed.
Second-The children.
Third-The father, or the mother.
Fourth-The brother.
Fifth-The sister
Sixth-The grandchildren.
Seventh-Any other of the kindred of the incompetent.
Eighth-Any competent friend.
Ninth-The public administrator.
Tenth-The superintendent of the Nevada state hospital for mental diseases.
Sec. 2. This act shall be effective on passage and approval.
________
Senate Bill No. 42Senator Reid.
CHAPTER 269
AN ACT requiring physicians to report to the state board of health the names, ages and addresses of persons diagnosed as cases of epilepsy; providing that the state board of health shall report the information received to the public service commission of Nevada; providing that such reports are to be confidential and to be used solely for purposes of determining eligibility of persons to operate vehicles on the streets and highways of this state; providing penalties for violation, and other matters relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state board of health shall define epilepsy for the purposes of the reports hereinafter referred to.
Sec. 2. All physicians shall report immediately to the state board of health in writing, the name, age and address of every person diagnosed as a case of epilepsy.
Sec. 3. The state board of health shall report in writing to the public service commission of Nevada the name, age and address of every person reported to it as a case of epilepsy.
κ1953 Statutes of Nevada, Page 376 (CHAPTER 269, SB 42)κ
Sec. 4. Such reports shall be for the information of the public service commission of Nevada and shall be kept confidential and used solely for the purpose of determining the eligibility of any person to operate a vehicle on the streets and highways of this state.
Sec. 5. A violation of this act shall constitute a misdemeanor and shall be punished as such.
Sec. 6. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 7. This act shall be effective upon its passage and approval.
________
Senate Bill No. 13Committee on Finance.
CHAPTER 270
AN ACT to amend an act entitled, An act authorizing and empowering the state board of examiners to fix the amount of expense money for traveling and subsistence charges per day of district judges, state officers, commissioners, representatives, and all other employees of the state who, under the law, are required to file their claims with the board of examiners for allowance and approval, and repealing all acts and parts of acts in conflict herewith, approved February 3, 1928, as amended.
[Approved March 27, 1953]
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 6942, N.C.L. 1929, is hereby amended to read as follows:
Section 1. The state board of examiners is hereby authorized and directed to fix the amount of expense money, not to exceed ten dollars per day, to be allowed to any district judge, state officer, commissioner, representative, or other employee of the state, while traveling on official business outside the state, required to file claims with the state board of examiners for allowance and approval; and said board may adopt such rules and regulations as may be necessary to make such action effective.
Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as hereinafter provided. Requests shall be submitted on forms approved by the state board of examiners, which forms shall contain such information as may be required by the board. Requests shall be submitted to the director of the budget at least ten working days prior to the beginning of travel and no travel shall be authorized except after having first been approved by the director of the budget. If the director of the budget disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose determination shall be final. In emergencies, the director of the budget, upon good cause shown by the applicant, may consider requests for travel outside the state submitted to him less than ten working days prior to the beginning of travel.
Sec. 2. This act shall be effective from and after its passage and approval.
________
κ1953 Statutes of Nevada, Page 377κ
Senate Bill No. 79Senators Lovelock, Lemaire, Orr and Seevers.
CHAPTER 271
AN ACT to amend an act entitled, An act for the better protection of motor-vehicle and aeroplane dealers, garage and airport keepers and automobile and aeroplane repairmen, and creating and giving to them a lien upon motor vehicles, aeroplanes, motorcycles, motor or aeroplane equipment, and trailers, for supplies, accessories, repairs, and labor; making it a misdemeanor to incur a bill on any motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer without the consent of the owner; reserving certain legal rights and remedies to lien claimants, owners, and others; and repealing all acts and parts of acts in conflict herewith, and particularly repealing an act entitled, An act for the better protection of motor-vehicle dealers, garage keepers, and automobile repairmen, and giving them a lien on motor vehicles for supplies, accessories, repairs, and labor, and making it a misdemeanor to incur a bill on a motor vehicle without the consent of the owner, approved March 24, 1917, being sections 3772 to 3779, both inclusive, of the N.C.L. 1929, as approved March 13, 1943.
[Approved March 27, 1953]
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, as amended by chapter 211, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 3. Any lien or liens in excess of $100 so acquired shall be secondary liens or lien when the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer in question is sold or leased on a conditional sales agreement, or recorded lease or mortgage.
Sec. 2. Section 5 of the above-entitled act, as amended by chapter 211, Statutes of Nevada 1945, is hereby amended to read as follows:
Section 5. The lien herein created may be satisfied as follows: The motor vehicle or aeroplane dealer, garage or airport keeper, or automobile or aeroplane repairman, shall give written notice within 30 days from the date on which the work was completed or from the date of first storage, to the person on whose account the storing, maintaining, keeping, repairing, labor, supplies, or accessories were made, done, or given, and to any other person known to have, or to claim, an interest in the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, upon which the lien is asserted, and to the motor vehicle division of the public service commission.
Such notice shall be given by delivery in person or by registered letter addressed to the last-known place of business, or abode, of the person or persons to be notified, and if no address is known then addressed to such person, or persons, at the place wherein the lien claimant has his place of business. The notice shall contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due.
(b) A brief description of the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than ten days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and
κ1953 Statutes of Nevada, Page 378 (CHAPTER 271, SB 79)κ
if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail; and
(d) A statement that unless the claim is paid within the time specified the said motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, will be advertised for sale, and sold by auction at a specified time and place.
In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer. The sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, to be sold, and stating the name of the owner or person on whose account the same are held, and the time and place of the sale, shall be published once a week for two consecutive weeks, being three successive weekly issues, in a newspaper published in the place where such sale is to be held. The sale shall not be held less than fifteen days from the time of the first publication. If there is no newspaper published in such place, the advertisement shall be posted at least ten days before such sale in not less than six conspicuous places therein.
From the proceeds of such sale the motor vehicle or aeroplane dealer, garage or airport keeper, or automobile or aeroplane repairman, furnishing services, labor, accessories, or supplies, shall satisfy his lien, including the reasonable charges of notice, advertisement, and sale. The balance, if any, of such proceeds shall be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer.
At any time before the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer are so sold, any person claiming a right of property or possession therein may pay the lien holder the amount necessary to satisfy his lien and to pay the reasonable expenses, and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The lien holder shall deliver the motor vehicle, aeroplane, motorcycle, motor or aeroplane equipment, or trailer, to the person making such payment if he is a person entitled to the possession of the same on payment of the charges thereon.
Sec. 3. This act shall be effective upon passage and approval.
________
κ1953 Statutes of Nevada, Page 379κ
Senate Bill No. 105Senator Reid.
CHAPTER 272
AN ACT to amend an act entitled, An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 29 3/4 of the above-entitled act, being section 8042(a), 1929 N.C.L. 1941 Supp., is amended to read as follows:
Section 29 3/4. Whenever any lands in the district have been sold for delinquent irrigation district taxes or assessments or for delinquent state and county or other taxes, and the title of such lands has passed as provided by law, either to the county or to the irrigation district, and the period of redemption has expired, the board of directors of the district shall have the power by and with the written consent of the bondholders holding one hundred percent of the outstanding bonds of the district, or in case of a contract with the United States constituting a lien upon the lands, then also with the written consent of the secretary of the interior, or in the case there are outstanding certificates of indebtedness which constitute a lien upon the lands of the district, then with the written consent of the holders of one hundred percent of those holding said certificates of indebtedness, to exclude such lands, or any part thereof, from further participation in the benefits of the district, particularly to exclude such lands or any part thereof from any further right to receive from the district either under an apportionment of benefits or any other waters of the district.
Whenever the board of directors of the district shall have adopted a resolution excluding such lands from further participation in the benefits of the district and from the right to receive district waters, the water or water rights theretofore apportioned to said lands shall be and become a part of the general water supply of the district and apportioned among the remaining nondelinquent lands in the same proportion as such remaining nondelinquent lands have been apportioned benefits, not in excess, however, of an adequate water supply for such remaining land based upon the duty of water recognized by the district; provided, that in case the water right appurtenant to land acquired at a delinquent sale shall be based upon a contract with the United States the district may, with the consent of the United States, make any desired disposition of such water right.
The owner of land excluded from participation in the benefits of the district, that is, stripped of storage water and benefits under the provisions of this section, may petition the board of directors to transfer to such stripped land, which shall be in one parcel and not less than forty acres in area, the storage rights and benefits apportioned to other land, which shall be in one parcel and not less than forty acres in area, by him owned, and upon the hearing of said petition the board of directors may at its discretion grant or refuse such transfer in whole or in part.
κ1953 Statutes of Nevada, Page 380 (CHAPTER 272, SB 105)κ
forty acres in area, the storage rights and benefits apportioned to other land, which shall be in one parcel and not less than forty acres in area, by him owned, and upon the hearing of said petition the board of directors may at its discretion grant or refuse such transfer in whole or in part. Such petition shall be in writing and under oath, and shall describe the land and acreage from which it is proposed to transfer said storage water and benefits, specify the amount of storage water and benefits is proposed to be transferred, describe the land and acreage to which the transfer of storage water and benefits is proposed to be made, and shall list in detail all liens existing against each parcel of land. Upon receipt of such petition, together with the sum of money required for advertising, the secretary of the board shall cause notice of such application and the date of hearing thereof to be given by posting for a period of not less than ten (10) days and also by two publications seven days apart in a newspaper of general circulation in the county in which the land is situated, during such period. Any person interested in such proposed transfer may file a written protest thereto at any time prior to the hearing day, and such protest shall be considered by the board of directors in exercising its discretion to grant or refuse the requested transfer. The board of directors may consider such application at any regular or special meeting, but in no event sooner than fourteen (14) days after the first date of publication. At such hearing a full record of all proceedings shall be taken and spread upon the minutes. In the event the petition proposes to change the point of diversion or manner of use, the board of directors shall not make any order on the petition until such time as an appropriate permit shall be secured from the state engineer in accordance with the general water law of the state authorizing such change.
The petition, notices, protests, resolutions and all subsequent proceedings in relation to such application shall be file marked and preserved for record purposes. In the event the board of directors grant all or a part of the transfer requested a certified copy thereof shall be recorded in the office of the recorder of the county in which the land to be affected is situate, and thereafter such recorded copy shall be delivered to the petitioner upon payment by him of the recording fees. To the extent that such transfer is granted it shall and will constitute a wavier and relinquishment on the part of the district of all restrictive covenants and provisions against the use of storage water and benefits on said land contained in any deed executed by the board of directors. From and after the granting of any transfer of storage water and benefits the land from which such water and benefits are taken shall have the status of stripped land, shall be thenceforth excluded from participation in the benefits of the district, and shall receive no further storage water or benefits unless such land shall have storage water and benefits restored under the provisions of this section, and all land to which such storage water and benefits are transferred shall be treated in all respects as though it had never become delinquent and had never been stripped of storage water and benefits and/or denied the benefits of the district. Any person aggrieved by the order of the board of directors may, within thirty days after the entry of the order, petition the district court of the county in which the office of the board of directors is located to set the same aside for such order as may be proper.
κ1953 Statutes of Nevada, Page 381 (CHAPTER 272, SB 105)κ
entry of the order, petition the district court of the county in which the office of the board of directors is located to set the same aside for such order as may be proper.
Sec. 2. Section 44 of the above-entitled act, as amended, being section 8059, 1929 N.C.L. 1941 Supp., is amended to read as follows:
Section 44. The board of directors of any district now or hereafter formed under the provisions of this act, either upon its own initiative or upon the application in writing of any holder of title or of evidence of title to land in the district, may, by a majority vote, exclude from the district any land or lands theretofore included in the district, and change the boundary lines of the district so as to exclude or leave out certain tracts or portions of tracts when the proposed system or systems of irrigation cannot practically include such land or lands, or when such land or lands would not be benefited by remaining in the district or by any future improvement it might make or when the land sought to be excluded has been, or is about to be, incorporated into or made a part of any city or town, or being adjacent and contiguous to any city or town it is proposed to develop said land as building sites and areas; provided, that if improvements have been commenced, or made, or authorized, or if there are bonds or other contracts or certificates of indebtedness outstanding, no land shall be excluded and no established liens shall be released except a hereinafter provided. Within ten days after the receipt of any such application, or after the passage by the board of a resolution proposing the withdrawal of such lands, the directors of the district shall give notice of such proposed change or exclusion and of the date, time, and place of a meeting to be held by the board to consider such proposed change or exclusion by publication for two issues seven days apart in some newspaper printed in the county in which the land sought to be excluded is situate, at least thirty days before the meeting to consider such exclusion or change. All persons failing to file written objections within fifty days from the date of the filing of the petition for exclusion shall be conclusively deemed to have consented to such exclusion. In the event that twenty-five percent of the holders of bonds or contracts or certificates of indebtedness constituting liens against the land sought to be excluded file objections to such exclusion within said fifty day period the petition for exclusion shall be denied, otherwise the board at its sole discretion, but then only upon the payment of all bonded indebtedness of the district chargeable to the land sought to be excluded, may by resolution exclude said land from the district and said land shall thereafter be denied all benefits under said district. Not less than fifty days after the filing with the board of an application in writing by a qualified elector of the district or after the board has of its own initiative and by resolution declared its intention of excluding any land or lands from the district, and after having first given notice as in this section 44 prescribed, the board shall meet and consider the matter and shall order or deny the exclusion of said lands in whole or in part, and a copy of the order of the board shall be published for two issues one week apart in some newspaper published in the county in which said land is situate. In the event lands are excluded, or the boundary lines changed pursuant to this section, a copy of the order certified by the secretary of the district, with a plat of the land excluded or change in boundary made, shall be filed for record in the office of the county recorder of the county or counties in which such land or lands are situated, and it shall be evidence for all purposes of the facts it purports to state.
κ1953 Statutes of Nevada, Page 382 (CHAPTER 272, SB 105)κ
certified by the secretary of the district, with a plat of the land excluded or change in boundary made, shall be filed for record in the office of the county recorder of the county or counties in which such land or lands are situated, and it shall be evidence for all purposes of the facts it purports to state. Any holder of title or of evidence of title to land in the district, or holder of any bond or contract or certificate of indebtedness constituting a lien against the land sought to be excluded, who is aggrieved at the order of the board of directors in excluding or refusing to exclude lands as provided in this act may, within thirty days from the date of the publication, as hereinabove provided, of the order excluding or refusing to exclude lands from the district as provided herein, petition the district court of the county in which the office of the board of directors is situated to set aside such order, and directing that such lands be excluded or be not excluded, as the court may order. The provisions of sections 19 and 20 of this act, insofar as applicable, shall be followed in such proceedings. This amended act shall not be retroactive.
Sec. 3. All acts or parts of acts in conflict with the provisions hereof are hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 50Senator Johnson.
CHAPTER 273
AN ACT to provide for annual leave, sick leave and leave of absence for elective officers, heads of departments and other employees of the State of Nevada who are not included in the classified service, and other matters properly relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of this act, persons not included in the classified service of the State of Nevada, herein referred to as the unclassified service, shall comprise those holding positions as state officers or employees as follows, and no others:
1. Persons chosen by election or appointment to fill an elective office.
2. Members of boards and commissions, and heads of departments, agencies, and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency, or institution, one deputy and one chief assistant in such department, agency, or institution.
4. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
5. Officers and employees of the Nevada legislature.
6. Officers and members of the teaching staff and the agricultural extension division and experiment station staffs of the university of Nevada, or any other state institution of learning, and student employees of such institutions.
κ1953 Statutes of Nevada, Page 383 (CHAPTER 273, SB 50)κ
Nevada, or any other state institution of learning, and student employees of such institutions.
7. Officers and members of the Nevada national guard, as such.
8. Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.
Sec. 2. All employees in the unclassified service shall be entitled to annual leave with pay of one and one-quarter working days for each full calendar month of service and may be cumulative from year to year, not to exceed thirty working days.
Sec. 3. All employees in the unclassified service shall be entitled to sick and disability leave with pay of one and one-quarter working days for each full calendar month of service and may be cumulative from year to year not to exceed ninety working days.
Sec. 4. Any person in the unclassified service may be granted a leave of absence without pay for a period not to exceed six months, by the authority making the appointment.
Sec. 5. Annual leave, sick leave or leave of absence, as provided in the preceding sections, shall not be granted or allowed to any person in the unclassified service until that person shall have completed six months continuous employment in the service of the State of Nevada; provided, that annual leave and sick and disability leave shall nevertheless be accumulated during the first six months of service.
Sec. 6. That certain act entitled, An act providing for leave of absence for all state employees, the length of time of such leave, and providing their salary during such time, approved February 21, 1911, being chapter 20, Statutes of Nevada 1911, also being section 7279, N.C.L. 1929, is hereby repealed.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 154Senator Whitacre.
CHAPTER 274
AN ACT to provide an appropriation for the state board of pardon and parole commissioners for the return of parole and probation violators.
[Approved March 27, 1953]
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 state board of pardon and parole commissioners in the return to the State of Nevada of persons arrested for violation of parole and probation, there is hereby appropriated from the general fund the sum of $10,000, to be paid out upon the order of the board and allowed and paid as are other claims against the State of Nevada. This appropriation shall be in addition to any other appropriation for the support of the department of parole and probation, and for the biennium commencing July 1, 1953 and ending June 30, 1955.
________
κ1953 Statutes of Nevada, Page 384κ
Senate Bill No. 161Committee on Judiciary.
CHAPTER 275
AN ACT to provide for the service of process in actions or proceedings arising out of any motor vehicle accident or collision upon the public roads, streets or highways in this state, and other matters properly relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The use and operation of a motor vehicle over the public roads, streets or highways in the State of Nevada shall be deemed an appointment by such operator of the chairman of the public service commission to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him growing out of such use or resulting in damage or loss to person or property, and said use or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
Sec. 2. Service of such process shall be made by leaving a copy of the process with a fee of $2 in the hands of the chairman of the public service commission or in his office, and such service shall be deemed sufficient service upon the said operator; provided, that notice of such service and a copy of the process shall forthwith be sent by registered mail by the plaintiff to the defendant, and the defendants return receipt and the plaintiffs affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued. Personal service of such notice and a copy of the process upon said defendant, wherever found outside of this state, by any person qualified to serve like process in the State of Nevada shall be the equivalent of said mailing, and that such personal service may be provided by the affidavit of the person making such personal service appended to the original process and returned and filed in the action in which it was issued.
Sec. 3. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
Sec. 4. The fee of $2 paid by the plaintiff to the chairman of the public service commission at the time of the service shall be taxed in his costs if he prevails in the suit. The chairman of the public service commission shall keep a record of all such process, which shall show the day and hour of service.
Sec. 5. The foregoing provision with reference to the service of process upon such an operator defendant shall not be deemed exclusive, but if such operator defendant is found within the State of Nevada he shall be served with process in the State of Nevada.
________
κ1953 Statutes of Nevada, Page 385κ
Senate Bill No. 163Committee on Banks, Banking and Corporations.
CHAPTER 276
AN ACT relative to microfilming of records by banks, repealing all acts and parts of acts in conflict herewith, and other matters pertaining thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any bank may cause any or all records at any time in its custody to be reproduced by the microphotographic process and any reproduction so made shall have the same force and effect as the original thereof and be admitted in evidence equally with the original.
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 upon passage and approval.
________
Senate Bill No. 164Committee on Finance.
CHAPTER 277
AN ACT authorizing payment of F. V. Birbeck, executor of the estate of T. E. Birbeck, deceased, of $39.82 for a void state controllers warrant.
[Approved March 27, 1953]
Whereas, On February 8, 1949, the state controller and the state treasurer made and issued their warrant, number 74227, in the sum of $39.82, payable to the order of Lovelock Farms, Lovelock, Nevada, for combined gas tax refunds; and
Whereas, The said Lovelock Farms was a fictitious name; and
Whereas, The said T. E. Birbeck died on February 13, 1950, never having presented said warrant for payment; and
Whereas, The said warrant was discovered among the effects of the said T. E. Birbeck by the executor of his estate; and
Whereas, The said T. E. Birbeck left surviving him a needy widow; and
Whereas, The time for presentment for payment has long expired; 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 draw his warrant in favor of F. V. Birbeck, executor of the estate of T. E. Birbeck in the sum of $39.82, and there is hereby appropriated from the state treasury from any moneys not otherwise appropriated the sum of $39.82 to pay said warrant, which the state treasurer is hereby authorized and directed to pay.
Sec. 2. This act shall be effective on passage and approval.
________
κ1953 Statutes of Nevada, Page 386κ
Senate Bill No. 181Committee on Finance.
CHAPTER 278
AN ACT providing for the relief of Standard Oil Company of California.
[Approved March 27, 1953]
Whereas, Standard Oil Company of California, a corporation, has for more than twenty years last past imported gasoline into the State of Nevada for the purpose of marketing and distributing the same and has returned and paid inspection fees thereon in accordance with the laws of the State of Nevada; and
Whereas, During the period, January 1951, to and including January 1952, Standard Oil Company sold quantities of gasoline to the federal government for the use of the United States air force, f.o.b. El Segundo, California, and in such cases did not act as an importer but heretofore paid for such inspection fees the sum of $2,816.77, inadvertently; and
Whereas, There is no law in the State of Nevada authorizing and permitting refund of overpayment or payment through inadvertence of Nevada petroleum products inspection fees; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $2,816.77 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise appropriated, and the state controller is hereby directed to draw his warrant therefor in favor of Standard Oil Company of California, and the state treasurer is hereby directed to pay the same.
Sec. 2. This act shall take effect upon passage and approval.
________
Senate Bill No. 184Senator Whitacre.
CHAPTER 279
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 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 20 of the above-entitled act as amended by chapter 183, Statutes of Nevada 1951, 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 retirement system and who becomes eligible for a service retirement allowance, or whose rights to a service retirement allowance at retirement age have vested through the completion of the required years of service, may elect to convert the allowance for which he is then eligible, or for which he would become eligible at retirement age, into a service retirement allowance of equivalent actuarial value of one of the optional forms named below.
κ1953 Statutes of Nevada, Page 387 (CHAPTER 279, SB 184)κ
system and who becomes eligible for a service retirement allowance, or whose rights to a service retirement allowance at retirement age have vested through the completion of the required years of service, may elect to convert the allowance for which he is then eligible, or for which he would become eligible at retirement age, 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 the election has been filed in the office of the retirement board. Should the member die before the election becomes effective the benefits payable on his account shall be the same as though his election had not been filed. It shall not be required that the member, upon making such an election, shall enter into retirement and he may continue in employment. If an eligible member chooses to elect an optional plan prior to termination of employment or the attaining of the retirement age the optional allowances shall be calculated upon the conditions of service and average salary obtaining on the first day of the month in which the request for such calculation is received in the office of the retirement board. If he should continue in employment after the election of an optional plan he shall continue to pay contributions to the retirement fund as elsewhere required and such contributions shall not be refundable, under the provisions of section 21 of this act. Retirement allowance payments shall not be made until the member has left employment with the State of Nevada and all political subdivisions thereof and has reached the required age for retirement. Any member making an election of an optional service retirement plan and who continues in employment or who makes such election prior to retirement age shall be irrevocably bound by such election at the time of election regardless of whether or not the designated beneficiary predeceases the member. Should the member die while continuing in employment and after the election has become effective the designated beneficiary, if surviving, shall immediately become eligible for receipt of the elected allowance. Should the member die before reaching retirement age and after the election has become effective the payments to the designated beneficiary, if surviving, shall not be started until such time as the deceased member would have reached retirement age.
Option 1. A reduced service retirement allowance payable during his life, with the provision that at his death a lump sum equal in the 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
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
κ1953 Statutes of Nevada, Page 388 (CHAPTER 279, SB 184)κ
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 duly acknowledged and filed with the retirement board at the time of retirement should the beneficiary survive him.
________
Senate Bill No. 188Committee on Judiciary.
CHAPTER 280
AN ACT to amend the title of and to amend an act entitled, An act establishing a permanent commission for the revision, compilation, annotation, and publishing of the laws of the State of Nevada and certain laws of the United States; prescribing certain duties of a temporary nature; prescribing certain duties of a permanent nature; making an appropriation therefor, and other matters properly connected therewith, approved March 22, 1951.
[Approved March 27, 1953]
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, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
An act establishing a permanent commission for the revision, compilation, annotation, and publication of the laws of the State of Nevada; prescribing certain duties of a temporary and permanent nature; making an appropriation therefor, and other matters properly connected therewith.
Sec. 2. Section 1 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 1. There is hereby created a commission of the State of Nevada, to be known as the statute revision commission, hereinafter referred to as the commission. Such commission shall be composed of three members, and said members shall be the three justices of the supreme court. The members of such commission shall have the powers and duties prescribed by this act, and shall each receive such salary for their services as shall be prescribed by this act, and subsequent enactments.
Sec. 3. Section 2 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 2. As soon as practicable after the effective date hereof the commission shall commence the preparation of a complete revision and compilation of the laws of the State of Nevada of general application, and a compilation of the constitution of the State of Nevada, together with brief annotations to sections thereof. Such revision when completed shall be known as Nevada Revised Statutes,....., and the year of first publication shall be filled in the blank space of such title. For brevity such title may be cited as NRS.........
The revision shall contain:
1. The constitution of the United States;
κ1953 Statutes of Nevada, Page 389 (CHAPTER 280, SB 188)κ
2. The constitution of the State of Nevada;
3. The laws of this state of general application;
4. Citations to decisions of the Nevada supreme court and federal courts construing each statute and constitutional provision;
5. A digest of cases decided by the Nevada supreme court;
6. A full and accurate index of the statute laws; and
7. Such annotations, historical notes, supreme court and district court rules and other information as the commission deems appropriate to include.
Sec. 4. Section 3 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 3. In preparing such revision the commission is hereby authorized to adopt such system of numbering as it deems practical, to cause said revision to be published in such number of volumes as shall be deemed convenient, and to cause such volumes to be bound in loose-leaf binders of good, and so far as possible, permanent quality. The pages of such revision shall conform in size and printing style to the pages of the Statutes of Nevada, and roman style type only shall be used. The commission shall classify and arrange the entire body of statute laws in logical order throughout the volumes, the arrangement to be such as will enable subjects of a kindred nature to be placed under one general head, with necessary cross-references. Notes of decisions of the supreme court, historical references and other material shall be arranged in such manner as the commission finds will promote the usefulness thereof.
The commission, in preparing Nevada Revised Statutes shall not alter the sense, meaning or effect of any legislative act, but may renumber sections and parts of sections thereof, change the wording of headnotes, rearrange sections, change reference numbers or words to agree with renumbered chapters or sections, substitute the word chapter for article and the like, substitute figures for written words and vice versa, change capitalization for the purpose of uniformity, and correct manifest clerical or typographic errors.
Sec. 5. Section 4 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 4. Upon completion of the Nevada Revised Statutes, the commission is authorized and directed to have the same printed, lithoprinted or reproduced by any other process at the state printing office, and upon completion of the final printing or other reproduction the separate volumes shall be bound as heretofore required and forwarded to the secretary of state for safekeeping and disposition as set forth hereinafter. Sufficient copies of each page shall be printed or reproduced so that there shall be bound 2,500 copies of each volume of said Nevada Revised Statutes. A master copy of said Nevada Revised Statutes,........, shall be kept in the office of the commission, and such master copy shall not be removed from said office except in the custody of a member of the commission or the director thereof.
Sec. 6. Section 5 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
κ1953 Statutes of Nevada, Page 390 (CHAPTER 280, SB 188)κ
Section 5. In complying with the provisions of this act, and within the limitations of available appropriations, the commission is authorized to appoint a reviser of statutes who shall be known as the director of the statute revision commission. The commission shall fix the compensation of the director and he shall serve at the pleasure of the commission. The director shall perform such duties as may be required by the commission in connection with its duties under this act. The commission is authorized to employ such clerical assistance as it deems necessary, to be compensated at the same rate as other state employees of comparable position, and such assistants in drafting and research as may be necessary, and shall be familiar with methods of compilation and drafting of laws. The terms of the employment and compensation of such assistants shall be fixed by the commission.
Sec. 7. Section 6 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 6. The commission shall reimburse the state printer from the appropriation hereby made or hereafter made for the cost of printing or reproduction required by this act.
Sec. 8. Section 7 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 7. From and after the completion of Nevada Revised Statutes and the delivery of the same to the secretary of state, he shall sell each set at a price to be set by the commission as near as possible to the cost of preparing, printing and binding, and all proceeds of such sales shall be deposited in the general fund.
Sec. 9. Section 8 of the above-entitled, act, being chapter 304, Statutes of Nevada 1951, is hereby repealed.
Sec. 10. Section 12 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 12. Upon the completion of Nevada Revised Statutes,........., the commission is authorized and directed to prepare and have printed or reproduced such replacement and supplementary pages for such laws as may from time to time be necessary. In any event, said commission shall prepare the replacement and supplementary pages made necessary by the sessions of the legislature as soon as possible after each such session. The intent of this section is that such Nevada Revised Statutes shall be kept current insofar as may be possible. Prices shall be set by the commission as near as possible to the cost of preparing and printing and reproduction.
Sec. 11. Section 13 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 13. Upon completion, Nevada Revised Statutes,.........., may be cited as prima-facie evidence of the law in all of the courts of this state. Such evidence may be rebutted by proof that the same differ from the official Statutes of Nevada.
Sec. 12. Section 15 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, is hereby amended to read as follows:
Section 15. The members of the commission shall each receive a salary of one hundred twenty-five dollars ($125) per month, paid as are the salaries of other state officers, and out of the appropriation hereby made or hereafter made, for the period commencing on the effective date hereof, and expiring June 30, 1955.
κ1953 Statutes of Nevada, Page 391 (CHAPTER 280, SB 188)κ
hereby made or hereafter made, for the period commencing on the effective date hereof, and expiring June 30, 1955.
Sec. 13. This act shall be effective on passage and approval.
________
Senate Bill No. 107Committee on Aviation, Transportation and Highways.
CHAPTER 281
AN ACT to amend an act entitled, An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, to make exceptions in certain cases, and other matters properly connected therewith, approved March 21, 1925, as amended.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 166, Statutes of Nevada 1925, and being sections 4350 to 4373, inclusive, 1929 N.C.L., as amended, is hereby amended by adding thereto a new section, designated section 21 3/4, which shall immediately follow section 21 1/2, and which shall read as follows:
Section 21 3/4. Any officer of the state highway patrol, without a warrant, may seize and take possession of any vehicle which is being operated with improper registration, or which the patrol officer has reason to believe has been stolen, or on which any motor number, manufacturers number or identification mark has been defaced, altered or obliterated.
Any officer of the state highway patrol so seizing or taking possession of such vehicle shall immediately notify the patrol of such action and shall hold the vehicle until notified by the patrol as to what further action should be taken regarding the disposition of the vehicle.
Sec. 2. This act shall be effective upon passage and approval.
________
Senate Bill No. 189Senator Johnson.
CHAPTER 282
AN ACT to amend an act entitled, An act to provide for the organization and governing of local improvement districts for the construction or acquisition of power plants, electrical transmission lines, sewer and water systems for rural communities and unincorporated towns, and for the acquisition and distribution of electrical energy of water or other property in connection therewith, and for the operation and maintenance of such works, and matters properly connected therewith, approved February 4, 1928, as amended.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being sections 3455-3495, N.C.L. 1929, and section 3459.01, 1929 N.C.L. 1941 Supp., is hereby amended by adding a new section immediately after section 41, to read as follows:
κ1953 Statutes of Nevada, Page 392 (CHAPTER 282, SB 189)κ
by adding a new section immediately after section 41, to read as follows:
Section 42. There may be annexed to a district any of the following territory which is in the same county as the district:
(a) Any territory contiguous to the district.
(b) Any territory any point of which touches any point of the district.
(c) Any territory separated from the district by a separating barrier, which term includes a street, road, highway, railway line, railway crossing, railway right of way, water course, lagoon, or other natural barrier.
(d) Territory which is not contiguous to the district.
Said territory shall be annexed in the following manner:
1. A petition signed by the owners of real property in the territory proposed to be annexed, which real property represents at least 75 percent of the total assessed valuation of the territory as shown by the last equalized county assessment roll shall be presented to the board.
2. The petition shall designate specifically the boundaries of the territory and its assessed valuation as shown by the last equalized county assessment roll and shall show the amount of real property owned by each of the petitioners and its assessed valuation as shown by the last equalized county assessment roll.
3. The petition shall state that the territory is not in any other such district and shall ask that the territory be annexed to the district.
4. The petition shall be verified by the affidavit of one of the petitioners.
5. It shall be published at least two weeks preceding the hearing, in a newspaper of general circulation published in the district, if there is one, and if not, in a newspaper of general circulation published in the county.
6. With the petition there shall be published a notice stating the time when the petition will be presented to the board, and stating that all persons interested may appear and be heard.
7. At the time designated the board shall hear the petition and any person interested and may adjourn the hearing from time to time.
8. Upon the hearing of the petition the board shall determine whether or not it is for the best interests of the district and the territory that the territory be annexed to the district and the board may modify the boundaries of the territory proposed to be annexed as set forth in the petition.
9. However, the board shall not modify the boundaries of the territory proposed to be annexed as set forth in the petition, so as to exclude any land that would be benefited by annexation, nor shall any land that would not be benefited by annexation, be included within the boundaries of the territory proposed to be annexed.
10. If the board upon final hearing determines that it is for the best interests of the district and of the territory proposed to be annexed that the territory be annexed, it shall adopt a resolution describing the boundaries of the territory proposed to be annexed and altering the boundaries of the district by annexing to it the territory described in the petition.
κ1953 Statutes of Nevada, Page 393 (CHAPTER 282, SB 189)κ
altering the boundaries of the district by annexing to it the territory described in the petition.
11. Copies of the resolution, signed by the president and secretary, shall be filed with the county clerk and county recorder of the county within which the district is situated and thereafter said territory is a part of the district.
12. The entry of the resolution by the board of directors is conclusive evidence of the fact and regularity of all prior proceedings of every kind required by law, and of the fact stated in the entry relating to said annexation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 376Clark County Delegation.
CHAPTER 283
AN ACT to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto.
[Approved March 27, 1953]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Chapter I
organization; boundaries; annexation of adjacent territory; wards; powers.
Section 1. Creation of Legislative Charter. All persons, inhabitants of that portion of Clark county, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of city of North Las Vegas, and by that name and style they and their successors shall be known in law, and have perpetual succession and sue and be sued in all courts. The territory embraced in said city is that certain land situate in the county of Clark, State of Nevada, described as follows:
All territory within the present boundaries of the city of North Las Vegas, operating under the general laws of the State of Nevada; and also, such other and additional lands and tenements as may, at any time hereafter be embraced or included within established limits of said city as hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges and obligations as hereinafter set out and prescribed.
Sec. 2. The Annexation of Adjacent Territory; Manner of Procedure Of. Territory adjoining and contiguous to the corporate limits of the city of North Las Vegas may be annexed to said city upon application therefor in writing describing said territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for members of the legislature of the State of Nevada, and who are taxpayers in the county of Clark, such petitioners to possess both of said qualifications. Upon the filing of such petitions the board of councilmen shall cause to be given notice thereof by publication in a newspaper printed and published in said city at least once, and at least ten days prior to the meeting of said board, at which said petition may be acted upon.
κ1953 Statutes of Nevada, Page 394 (CHAPTER 283, AB 376)κ
such petitions the board of councilmen shall cause to be given notice thereof by publication in a newspaper printed and published in said city at least once, and at least ten days prior to the meeting of said board, at which said petition may be acted upon. At such meeting the said board shall either accept or reject said petition and declare or refuse to declare annexed to said city the property described in said petition.
Sec. 3. Wards. The city of North Las Vegas shall consist of four wards for the purpose of convenience of holding elections, and all elective officers shall be elected from their respective wards.
Sec. 4. Additional Powers. The said city shall have and be vested with all the rights, powers, property and things of every kind now belonging to the city of North Las Vegas, and shall assume and pay all bonds, obligations, and indebtedness of said city of North Las Vegas now outstanding or which may exist at the time of the adoption of this charter, and may have and use a common seal and the same alter at pleasure and may purchase, receive, hold, and enjoy real and personal property within or without the city, and sell, convey, and dispose of the same for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every, and all acts and things whatsoever, necessary to carry out the purposes of such bequest, devises, gifts, and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequests, devices, gifts, donations or trust. Said city shall also have the right to engage in public utilities businesses or issue franchises for the same. They shall also have the right for issuing revenue bearing bonds for acquiring additions or additional facilities, or for expansion to their public utilities.
Chapter II
officers; elections; claims and accounts; ordinances; recall; impeachment; arrests.
Section 1. City Council; First Election of. The governing body for the city of North Las Vegas shall consist of a city council, composed of a mayor and four councilmen, whose first election shall be held in the manner and at the time as follows:
At the regular biannual spring election qualified voters of the city of North Las Vegas shall vote on and elect a mayor and four councilmen. All provisions of the law relating to general elections, so far as same can be made applicable and not inconsistent with the provisions of this act, shall apply to and be observed in conducting such elections hereinafter provided for; as well as applied to and observed in the appointment of inspectors making and canvassing of said election. No candidate for office at such elections shall be entitled to have his name placed upon the official ballot unless such candidate shall have complied with all the general election laws of the State of Nevada, and shall be a legal property holder in his respective ward.
κ1953 Statutes of Nevada, Page 395 (CHAPTER 283, AB 376)κ
have his name placed upon the official ballot unless such candidate shall have complied with all the general election laws of the State of Nevada, and shall be a legal property holder in his respective ward.
Sec. 2. Officers, Elective. The elective officers of the city of North Las Vegas shall consist of a mayor and four councilmen as above provided, together with one municipal court judge.
Sec. 3. Officers, Election of; Election, When and How Held; Councilmen. On the first Tuesday after the first Monday in May, 1953, and at each successive interval of four years, there shall be elected by the qualified voters of the city of North Las Vegas, at a general election to be held for that purpose, a mayor, in and for said city, who shall hold office for a period of four years, and until his successor shall have been elected and qualified. At said election on the first Tuesday after the first Monday in May, 1953, there shall be elected by the qualified voters of the said city, four councilmen who have received the largest number of votes cast in their respective wards at such election; provided, however, that the two councilmen receiving the greatest percentage of votes in their respective wards shall hold office for a period of four years, and the remaining two councilmen shall hold office for a period of two years, thus giving the city a mayor and two councilmen with a four-year term, and two councilmen with a two-year term. At the end of the two years, the two councilmen who run and are successfully elected shall have a term of office of four years, thereby creating a hold-over type of council. There shall also be elected at each biennial election one municipal court judge who shall be elected in the same manner as the mayor and council and who shall serve for a two-year period and until his successor shall have been elected and qualified, at such salary as may be fixed by the city council. In the event of any tie, the results shall be determined by lot. On the first Tuesday after the first Monday in May, 1953, and each successive interval of two years thereafter, there shall be elected in their respective wards, by the qualified voters of said city, two councilmen who shall hold office for four years and until their successors shall have been elected and qualified. The city council of said city shall order the general election, and shall determine the places in said city for the holding of same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding of the same shall be governed by the laws of the State of Nevada governing general elections so far as the same may be applicable thereto; and in the event there should be any failure on the part of the general election laws of the state to provide for some features of said city election in said city, council of the city of North Las Vegas shall have the power to provide for such deficiency.
Sec. 4. The city council may and they are hereby empowered to provide for the registration of electors for any and all city elections, both regular and special to provide for conducting all such elections, establishing election precincts and wards and changing the same, and appointing the necessary officers of election; provided, however, that they may, at their option, and without the enactment of ordinance, proceed in accordance with the provisions of the general election laws of the State of Nevada wherever the same can be made applicable.
κ1953 Statutes of Nevada, Page 396 (CHAPTER 283, AB 376)κ
proceed in accordance with the provisions of the general election laws of the State of Nevada wherever the same can be made applicable.
Sec. 5. Officers, Election of; Canvass of Returns, When and by Whom; Tie Vote Procedure. On the Tuesday following said election, or as soon thereafter as practicable, the city council of the city of North Las Vegas then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes; and in the event it should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote the city council of the city of North Las Vegas shall forthwith summon the candidates who have received such tie votes to appear before the council, and such council in the presence of such candidates shall determine the tie by lot. The city council of the said city of North Las Vegas shall thereupon cause to be issued to each of the successful candidates for said elective offices a certificate of election, and such certificate or a certified copy thereof shall be received in evidence in any court in this state as prima-facie evidence of the election of such officer.
Sec. 6. Officers, Appointive and Ex Officio; Enumeration of Compensation. The county assessor of the county of Clark shall be ex officio city assessor. Said officer shall perform the duties of his office under said city without extra compensation, but for the performance of the duties of city assessor relative to city assessments as in this act provided, the city council upon request of the city assessor, may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments. The city council shall fix and pay the deputy such compensation as they deem fit. Said county assessor shall be liable on his official bond for the faithful discharge of the duties imposed on him by this act. The city council shall appoint a city clerk who shall be ex officio city auditor, the salary of the combined offices to be fixed, allowed and paid by said council. The city clerk shall be the ex officio license collector of the city of North Las Vegas. Said council may also at its discretion appoint a city attorney at a salary to be fixed by the city council or may at its discretion employ and compensate an attorney from time to time for such legal advice and services as they may deem necessary. Said city council shall appoint a city treasurer at a salary to be fixed by said council. Said council shall appoint a chief of police at a monthly salary to be fixed by said council. The council shall cause an audit of the said city books and accounts to be performed and rendered after the close of each fiscal year of said city or oftener at the discretion of said council. Said audit shall be made by a certified public accountant to be appointed annually by the city council. Said accountant to be paid for his services from time to time as the same are rendered. The city council may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive offices shall be fixed, allowed and paid by the city council out of such city funds as the council may designate. Any one or more of such appointive offices may, at the discretion of the city council, be combined and the duties thereof be discharged by one person.
κ1953 Statutes of Nevada, Page 397 (CHAPTER 283, AB 376)κ
discretion of the city council, be combined and the duties thereof be discharged by one person.
Sec. 7. The county clerk of the county of Clark shall be ex officio registry agent for the city of North Las Vegas, and for such services performed as such agent shall be allowed by the city council and should be paid out of the funds of said city the prevailing rate per name for every elector registered. Said city council may also, at their discretion, and they shall whenever petition be presented to them, signed by a majority of the qualified electors of said city, or whenever so directed by a majority vote in any election, appoint a city manager, provide his duties and authority and fix his compensation at a sum per year to be determined by said city council which shall be paid in the same manner as other claims against said city are paid. The city manager shall be the chief executive officer of the city. He shall be chosen by the city council solely on the basis of the qualifications for the position, taking into consideration his educational preparation, experience, executive and administrative ability, character, and reputation, and in such selection the choice shall not be limited to inhabitants of the city nor of the state. The city manager shall be appointed for an indefinite period, and he may be removed by the city council. If removed at any time after having served six months, he may demand written charges and a public hearing on the same before the city council prior to the date on which his final removal shall take effect, but during said interval the city council may suspend him from office. During the absence or disability of the city manager the city council shall designate some properly qualified person to perform the duties of the office. The city manager shall be responsible to the city council for the proper administration of all affairs of the city, and to that end may make appointments with the consent and approval of the majority of the city council, except as otherwise provided in this charter. Except when the city council are considering his removal, the city manager shall be entitled to be present at all meetings of the city council and of their committees and to take part in their discussions. In the event that a city manager be employed, neither the city council nor any of its committees or members shall dictate the appointment of any person to employment. The duties of the city supervisors and the heads of departments shall come under his jurisdiction. Said city council may also, at their discretion, appoint a city engineer and define his duties. Such appointee shall be a registered and competent engineer, and his appointment shall be solely on the basis of his qualifications as an engineer, said councilmen being the sole judge of his qualifications. Said councilmen may, at their discretion, combine any position within the city and may fix the compensation for such combined positions at a sum per year to be determined by said city council, which shall be paid in the same manner as other claims against the city are paid.
Sec. 8. Officers, Elective; Qualifications of. The mayor shall not be less than twenty-five years of age. All officers shall be citizens of the United States, and for at least two years immediately preceding their election, residents of the city of North Las Vegas, qualified voters who are property owners and taxpayers in said city.
κ1953 Statutes of Nevada, Page 398 (CHAPTER 283, AB 376)κ
who are property owners and taxpayers in said city. All of the officers made elective by the popular vote shall within thirty 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 failing to do so within the said time, such office shall be and become vacant.
Sec. 9. Official Oath; Qualification. Every person elected by the voters of said city or by the city council to fill any office under this act, shall, before entering on the duties of his office, take and subscribe to the official oath provided by the constitution of this state; and in addition thereto, that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the city of North Las Vegas. All official bonds herein provided for shall be filed with the city clerk of said city, with the exception of the city clerk, which shall be filed and recorded in the office of the county recorder of the county of Clark. All elective officers herein provided for shall enter upon their duties upon receiving their certificate of election and upon filing their oath of office and bond duly appointed by the district judge as in this act provided.
Sec. 10. Officers, Bonds of; Approved by District Judge. All officers elected by popular vote before entering upon their duties of respective offices shall give bond in the sum of $5,000, and all appointive officers whose bonds are not herein otherwise provided for shall give bond in such sum as may be fixed by the city council of said city, payable to the city of North Las Vegas, Clark county, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties to be approved by the district judge. The sureties may become severally liable in the amounts not less than $5,000 each, and each surety shall justify by subscribing to an affidavit annexed to said bond, to the effect that he is worth the sum for which he becomes liable, in property not exempt from execution over his just debts and liabilities.
Sec. 11. Mayor and Councilmen, Salary of. The mayor shall receive for remuneration of his services the sum of $1,200 per year, payable in equal monthly installments. The councilmen shall receive remuneration for their services, as such, the sum of $900 per year, payable in equal monthly installments.
Sec. 12. The city council shall have the power to employ a superintendent of streets and water works, or any other public utility for said city of North Las Vegas, who shall have under his special charge, subject to the control of the city council, supervision of streets, alleys, public grounds, water works system, or other public utilities of said city of North Las Vegas, and shall be charged with the duty of keeping the streets, alleys, public grounds, water works, and other public utilities in proper condition and developing the same. Said superintendent shall receive as remuneration for his services a sum set by said city council, payable out of the general funds of said city.
Sec. 13. Councilmen Not To Hold Other Office: Officers Not to Contract With City or Make Bonds to City; Forfeiture of Office. No member of the city council shall hold any other elective public office or employment under the county of Clark, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of North Las Vegas, nor be elected, nor appointed to any offices created by or the compensation of which was increased or fixed by the city council while he was a member thereof.
κ1953 Statutes of Nevada, Page 399 (CHAPTER 283, AB 376)κ
employment under the county of Clark, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of North Las Vegas, nor be elected, nor appointed to any offices created by or the compensation of which was increased or fixed by the city council while he was a member thereof. Nor shall any member of the city council of the city of North Las Vegas be pecuniarily interested directly or indirectly in any contract let by the city, nor in any manner wherein the rights or liberties of the city of North Las Vegas are, or may be, involved; nor shall any member of the city council of North Las Vegas be interested directly or indirectly in any public work or contract lot, supervised or controlled, or which shall be paid wholly, or in part, by the city, nor shall any such councilman become the surety of any person or any bond or other obligation of the city of North Las Vegas. Any member of the city council of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee or by gift or loan given or received at the time of the transaction, or before or after the same, in any contract, franchise, work, purchase or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the city council, or, if they shall fail to remove said member of the city council, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of twenty citizens taken in the district court of Clark county if such proceedings as are appropriate and proper.
Sec. 14. Officers, Elective; Removal of; Investigation. The city council shall have the power to remove any elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense under the rules and regulations set forth. That whenever charges are preferred in writing under oath, it shall be the duty of said city council to have the accused duly served with a copy of such charges and shall set a day for inquiry into the truth of such charges, and shall notify the accused and other members of said city council, and the witnesses for and against the accused to be present, and the said city council shall constitute a court to try and determine the case, and they are hereby vested with exclusive jurisdiction to hear and determine said charges, and may continue the investigation from day to day upon proper showing to enable the accused or prosecuted to get material evidence before said city council. The accused shall have the right to be heard in person or by counsel, or both, and said council shall likewise be represented by counsel if they desire it. Upon the conclusion of the investigation and argument of the case, a vote shall be taken on each charge and specification, and if the majority of all the members of said council vote to sustain any such charges against the accused, said council shall enter, or cause to be entered, its judgment, in which shall be recorded the vote of each member of the council. Upon the several charges and specifications, an order shall be entered removing the accused from his office and declaring the same vacant;
κ1953 Statutes of Nevada, Page 400 (CHAPTER 283, AB 376)κ
but if the vote is otherwise, the accused shall be declared not guilty and judgment entered accordingly, but such judgment shall not be prejudicial to the rights of recall as hereinafter provided.
Sec. 15. Recall of Officer; Procedure; Election of Successor. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in said city at said time, demanding an election for the recall of, or for the election of a successor to the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement, in not more than 200 words, of the grounds for which the removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each of such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed. Within ten days from the filing of such petition, the city clerk shall examine same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and if necessary the supervisors shall allow him extra help for that purpose, and he shall forthwith attach to said petition a certificate showing the result of said examination. If by the city clerks certificate the petition is shown to be insufficient, it may be amended within ten days from the date of said certificate. The clerk shall within ten days after such amendment make like examination of the amended petition, and if his certificate shall show same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found sufficient the clerk shall submit the same to the city council forthwith. If the petition shall be found to be sufficient, the city council shall order and fix a date for holding the same election not less than thirty nor more than forty days from the date of the clerks certificate to the board that sufficient petition is filed. Provided, however, that if such officer shall offer his resignation within five days after the filing of the petition aforesaid, such resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of said special election shall be finally declared. The city council shall make, or cause to be made, publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects as are other city elections. On the ballot at said election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of said officer, and, in not more than 200 words, the officers justification of his course in office, if furnished by him. If there be no other candidate nominated to be voted for at said special election, there shall be printed on the