[Rev. 3/1/2019 5:20:13 PM]
LAWS OF THE STATE OF NEVADA
κ1955 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FORTY-SEVENTH SESSION OF THE LEGISLATURE
1955
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Senate Bill No. 1Senator Johnson
CHAPTER 1
AN ACT creating a legislative fund.
[Approved January 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the salaries, mileage, and the postage and stationery allowances of members of the 1955 Nevada legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise appropriated, the sum of $150,000, which shall constitute the legislative fund.
Sec. 2. The state controller is hereby authorized and required to draw his warrants on the legislative fund in favor of the members and employees of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified in accordance with law, and the state treasurer is hereby authorized and required to pay the same.
Sec. 3. Any unexpended portion of the legislative fund shall revert to the general fund on December 31, 1956.
Sec. 4. This act shall become effective upon passage and approval.
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Assembly Bill No. 104Mr. Swackhamer
CHAPTER 2
AN ACT limiting the power of the Nevada tax commission with respect to the issuance of gambling licenses during the 47th session of the legislature of Nevada and for 30 days after adjournment sine die; and other matters properly relating thereto.
[Approved January 31, 1955]
Whereas, In the message to the 47th session of the legislature of the State of Nevada, the governor of Nevada stated that it is paramount to further strengthen the laws that regulate this industry (gambling) and thereby provide additional protection to the state as well as to the industry itself; and
κ1955 Statutes of Nevada, Page 2 (CHAPTER 2, AB 104)κ
(gambling) and thereby provide additional protection to the state as well as to the industry itself; and
Whereas, This 47th session of the Nevada legislature is, in its deliberations, considering legislation to keep gambling on a sound level of operation to protect the public and the industry; and
Whereas, In order to maintain the status quo of the industry pending the final action of this session of the legislature, it is deemed in the best interests of the people of the State of Nevada to restrict temporarily the powers of the Nevada tax commission; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of chapter 177, Statutes of Nevada 1917, at page 328, entitled An Act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 23, 1917, and chapter 99, Statutes Nevada 1931, at page 165, entitled An Act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees, table taxes and the use of the money obtained therefrom; providing for the issuance, revocation and suspension of state licenses; prohibiting minors from playing and loitering about such gambling games and devices; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto, approved March 19, 1931, or any other law of the State of Nevada, the Nevada tax commission, after the effective date of this act, and during the meeting of the 47th session of the legislature and for 30 days after adjournment sine die thereof, shall not issue or grant any new license or licenses for gambling for which applications have not been made prior to the effective date of this act and on file in the office of the secretary of the Nevada tax commission.
Sec. 2. Nothing contained in this act shall be so construed as to limit the power of the Nevada tax commission to consider and hear new applications for gambling licenses or issue or grant licenses for gambling upon applications now on file in the office of the secretary of the Nevada tax commission.
Sec. 3. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 3κ
Assembly Bill No. 105Mr. Harmon
CHAPTER 3
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 January 31, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 202, Statutes of Nevada 1931, at page 322, also designated as sections 4435 to 4435.39, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 14.6, which shall immediately follow section 14.5 and shall read as follows:
Section 14.6. If the county assessor of any county shall certify in writing to the department that he is unable to process all applications for registration presented to him, the penalty imposed by section 14.5 of this act is hereby waived if the registration fee required by this act is paid prior to midnight on February 15, 1955. This section shall expire by limitation at midnight on February 15, 1955.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 27Senator Whitacre
CHAPTER 4
AN ACT fixing the compensation of the county officers of Lyon County, Nevada; regulating the employment and compensation of deputies and other employees of county officers; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto.
[Approved February 7, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Salaries of Lyon County Officers, Deputies and Employees. 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.
κ1955 Statutes of Nevada, Page 4 (CHAPTER 4, SB 27)κ
Sec. 2. District Attorney.
1. The district attorney of Lyon County, Nevada, shall receive an annual salary of $4,800 for all his services as such officer.
2. The district attorney is hereby authorized and empowered:
(a) To employ one person to act as his secretary, who shall receive as salary an amount set by the board of county commissioners.
(b) 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.
3. The district attorney shall be allowed only his actual expenses while attending to official business of the county or state, but 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. Sheriff.
1. The sheriff of Lyon County, Nevada, shall receive an annual salary of $4,800. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.
2. 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.
3. The sheriff 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.
4. The sheriff of Lyon County, Nevada, may, subject to the approval of the board of county commissioners, employ one undersheriff who shall receive an annual salary not to exceed $3,840, and such other deputies as the board of county commissioners shall deem necessary, each of whom shall receive an annual salary not to exceed $3,840.
Sec. 4. Assessor.
1. The assessor of Lyon County, Nevada, shall receive an annual salary of $4,800.
2. 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.
3. The assessor of Lyon County, Nevada, may appoint a deputy who shall receive an annual salary not to exceed $3,840.
Sec. 5. County Clerk and Ex Officio Treasurer.
1. The county clerk and ex officio treasurer of Lyon County, 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 an annual salary of $4,800.
κ1955 Statutes of Nevada, Page 5 (CHAPTER 4, SB 27)κ
District of the State of Nevada, in and for the County of Lyon, shall receive an annual salary of $4,800.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county clerk and ex officio treasurer may appoint one deputy who shall receive compensation in an amount not to exceed $3,840 a year.
Sec. 6. County Recorder and Ex Officio Auditor.
1. The county recorder and ex officio auditor of Lyon County, Nevada, shall receive an annual salary of $4,800 for all his services as such officer.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county recorder may appoint one deputy who shall receive compensation in an amount not to exceed $3,840 a year.
Sec. 7. County Commissioners. The county commissioners of Lyon County, Nevada, shall each receive:
1. An annual salary of $1,800 which shall be in full compensation for all services whatsoever required of such commissioners.
2. Not to exceed 10 cents 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; but no such allowance shall be made to any commissioner residing at the county seat.
Sec. 8. Payment of Salaries. All annual salaries herein provided shall be payable semimonthly in 24 equal installments.
Sec. 9. Appointment, Compensations and Expenses of Other Assistants. The county commissioners of Lyon County, Nevada, are authorized and empowered:
1. 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 assistant.
2. 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 assistant.
3. To fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; but such rate shall not be in excess of 10 cents per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any officer.
Sec. 10. Repeals.
1. Chapter 175, Statutes of Nevada 1953, at page 204, entitled 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, is hereby repealed.
2. All other acts and parts of acts in conflict herewith are hereby repealed.
κ1955 Statutes of Nevada, Page 6 (CHAPTER 4, SB 27)κ
Sec. 11. Effective Date; Retroactive Provisions. This act shall become effective upon passage and approval. The provisions hereof shall relate back to January 1, 1955, and are hereby declared to be operative and in existence from January 1, 1955. Any salary deficiency caused by the payment of a salary installment prior to the passage and approval of this act shall be made up and brought into compliance with this act by means of a salary increment equal to the amount of the deficiency, which shall be paid at the time of and together with the salary installment which becomes due immediately after the passage and approval of this act.
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Assembly Bill No. 46Mr. Swackhamer
CHAPTER 5
AN ACT to amend the title of and to amend an act entitled An Act regulating and prescribing the hours that Sheriffs, County Recorders, County Clerks, County Treasurers, and District Attorneys of all the counties in the State of Nevada shall keep their offices open for the transaction of public business, and providing a penalty for the violation thereof, and repealing all Acts in conflict herewith, approved March 29, 1907.
[Approved February 7, 1955]
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 178, Statutes of Nevada 1907, at page 373, also designated as sections 2045 and 2046, N.C.L. 1929, is hereby amended to read as follows:
An Act regulating and prescribing the hours that Sheriffs, County Recorders, County Clerks, County Treasurers, and District Attorneys of all of the counties in the State of Nevada shall keep their offices open for the transaction of public business, providing for the location of the office of District Attorney in certain cases, and providing a penalty for the violation thereof, and repealing all Acts in conflict herewith.
Sec. 2. Section 1 of the above-entitled act, being section 2045, N.C.L. 1929, as amended by chapter 158, Statutes of Nevada 1929, at page 255, is hereby amended to read as follows:
Section 1. The sheriffs, county recorders, county clerks, assessors, and county treasurers shall keep an office at the county seat of their county which shall be kept open on all days except Sundays and non-judicial days from nine oclock a. m. to twelve oclock m., and on all days except Sundays, nonjudicial days and Saturdays from one oclock p.m. to five oclock p.m. for the transaction of public business. Nothing contained herein shall be construed so as to interfere with any duty now required of any public official under any of the election laws of this state.
Sec. 3. The above-entitled act, being chapter 178, Statutes of Nevada 1907, at page 373, also designated as sections 2045 and 2046, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 1.5, which shall immediately follow section 1 and shall read as follows:
κ1955 Statutes of Nevada, Page 7 (CHAPTER 5, AB 46)κ
designated as section 1.5, which shall immediately follow section 1 and shall read as follows:
Section 1.5. 1. In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded 1,500, district attorneys shall keep an office at the county seat of their county, which shall be kept open on all days except Sundays and nonjudicial days from nine oclock a.m. to twelve oclock m., and on all days except Sundays, nonjudicial days and Saturdays from one oclock p.m. to five oclock p.m. for the transaction of public business. The provisions of this subsection shall not apply to a district attorney when called away from his office by official duties.
2. In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States were 1,500 or less, a district attorney shall not be required to keep an office at the county seat of the county, but may, at his own expense, locate, equip and maintain an office anywhere within the boundaries of the county. Any district attorney who locates, equips and maintains an office elsewhere than at the county seat of his county shall first give written notice thereof to the board of county commissioners. Any office so located, equipped and maintained shall be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof shall not apply to a district attorney when called away from his office by official duties.
Sec. 4. Section 2 of the above-entitled act, being section 2046, N.C.L. 1929, as amended by chapter 195, Statutes of Nevada 1945, at page 340, is hereby amended to read as follows:
Section 2. Any officer violating the provisions of sections 1 or 1.5 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars, nor more than thirty dollars, or by imprisonment in the county jail not less than five days, nor more than fifteen days, and if any officer mentioned in sections 1 and 1.5 of this act shall absent himself from his office, except when called away from his office by official duties, or except when expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing, or except when he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed by sections 1 and 1.5 of this act and in charge of a deputy duly qualified to act in his absence, there shall be withheld from his monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him.
Sec. 5. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 8κ
Assembly Bill No. 48Mr. Shuey
CHAPTER 6
AN ACT ratifying, approving and confirming the proceedings heretofore taken by the board of trustees of Consolidated School District B of Churchill County, Nevada, in submitting the question of issuing the bonds of Consolidated School District B, Churchill County, Nevada, in the amount of $150,000 at an election held November 13, 1954, for the purpose of acquiring an eight-classroom addition to the West End School and other necessary repairs, alterations, and school equipment for existing facilities at Fallon, Nevada, determining that the election resulted in the authorization of the bonds, and authorizing the board of trustees of Consolidated School District B, Churchill County, to issue and deliver the bonds.
[Approved February 11, 1955]
Whereas, At an election held on November 13, 1954, there was submitted to the qualified electors of Churchill County, Nevada, authorized to vote thereon, the question of issuing the bonds of Consolidated School District B, Churchill County, in an amount not exceeding $150,000 for the purpose of acquiring an eight-classroom addition to the West End School and other necessary repairs, alterations, and school equipment for existing facilities at Fallon, Nevada; and
Whereas, More than a majority of the electors qualified to vote thereon voted in favor of the issuance of the bonds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All action heretofore taken and all proceedings heretofore adopted by the board of trustees of Consolidated School District B, Churchill County, Nevada, relating to the authorization and issuance of the bonds of Consolidated School District B, Churchill County, in the amount of not to exceed $150,000, for the purpose of acquiring an eight-classroom addition to the West End School and other necessary repairs, alterations, and school equipment for existing facilities at Fallon, Nevada, be, and the same are hereby, ratified, approved and confirmed.
Sec. 2. It is hereby determined and found that the issuance of the bonds was duly authorized by a vote of the electors qualified to vote thereon at the election held November 13, 1954.
Sec. 3. The board of trustees of Consolidated School District B, Churchill County, is hereby authorized and empowered to provide for the issuance and delivery of the bonds so authorized at the election in an amount not exceeding $150,000, and the bonds when issued shall constitute the legal and valid obligations of Consolidated School District B, Churchill County, Nevada, notwithstanding any irregularities in any of the election proceedings, and the full faith and credit of the county is hereby pledged to the prompt payment of the principal of and the interest on the bonds as they respectively fall due. It shall be the duty of the board of trustees of Consolidated School District B, or such other body as may be charged with the duty of levying taxes therein, annually, in due season, to provide for the levy of taxes fully sufficient after making due allowance for probable delinquencies to insure the prompt payment of all principal and interest on the bonds as they become due.
κ1955 Statutes of Nevada, Page 9 (CHAPTER 6, AB 48)κ
delinquencies to insure the prompt payment of all principal and interest on the bonds as they become due. In any year in which the total taxes levied against the taxable property in Consolidated School District B by all overlapping units in Churchill County, Nevada, may exceed the limitation of 5 cents on the dollar imposed by section 2 of article X of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article X.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 40Senator Munk
CHAPTER 7
AN ACT authorizing the board of county commissioners of Pershing County and the board of directors of the Pershing County Water Conservation District of Nevada to exchange certain county-owned land for certain land owned by McClelland Gilmore, Jr., and to do all acts in connection therewith necessary to effect such exchange.
[Approved February 14, 1955]
Whereas, McClelland Gilmore, Jr., is the owner of the west one-half (W 1/2) of section six (6), township twenty-five north (25N), range thirty-one east (31E), M.D.B.&M. situate in the Lovelock Valley, Pershing County, Nevada, which, due to its location or situs, is not susceptible to irrigation or drainage through existing available facilities, and much of the burden of the expense created to correct same would likely become at least partially the problem and the obligation of the Pershing County Water Conservation District of Nevada; and
Whereas, The county of Pershing has become the owner of the southwest quarter (SW 1/4) of section ten (10), township twenty-five north (25N), range thirty-one east (31E), M.D.B.&M., and the northwest quarter (NW 1/4) of section twenty (20), township twenty-five north (25N), range thirty-one east (31E), M.D.B.&M., against which the Pershing County Water Conservation District of Nevada has a large tax lien and the Lovelock Valley Drainage District No. 1 likewise had an interest due to an alleged tax lien in its favor, the lands having been tax delinquent for approximately 20 years. Due to the location of the lands within the Lovelock Valley, the same is susceptible to irrigation and drainage without great cost to the owner, barring unforeseen complications; and
Whereas, During the year 1954, and in accordance with the statutes in such cases made and provided, particularly chapter 208, Statutes of Nevada 1953, the Lovelock Valley Drainage District No. 1 merged and consolidated with the Pershing County Water Conservation District of Nevada, and all of the obligations and assets of the drainage district became the responsibility and property of the Pershing County Water Conservation District of Nevada, including existing agreements and other related matters; and
κ1955 Statutes of Nevada, Page 10 (CHAPTER 7, SB 40)κ
of Nevada, and all of the obligations and assets of the drainage district became the responsibility and property of the Pershing County Water Conservation District of Nevada, including existing agreements and other related matters; and
Whereas, The respective governing boards of the three entities hereinbefore specifically mentioned, and McClelland Gilmore, Jr., have taken proper steps to consummate the exchange of the lands, which will prove beneficial to all parties or persons concerned, and it remains now only to secure legislative authority to make such exchange of lands; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Pershing County, Nevada, and the board of directors of the Pershing County Water Conservation District of Nevada are hereby authorized to exchange with McClelland Gilmore, Jr. those certain lands situate in the Lovelock Valley, Pershing County, Nevada, the title of which is vested in Pershing County, subject to the tax liens hereinbefore recited, described as follows:
The southwest quarter (SW 1/4) of section ten (10), township twenty-five north (25N), range thirty-one east (31E), M.D.B.&M., and
The northwest quarter (NW 1/4) of section twenty (20), township twenty-five north (25N), range thirty-one east (31E), M.D.B.&M., for that certain land situate in the Lovelock Valley, Pershing County, Nevada, now owned in fee simple by McClelland Gilmore, Jr., which land is described as follows:
The west one-half (W 1/2) of section six (6), township twenty-five north (25N), range thirty-one east (31E), M.D.B.&M.
Sec. 2. For the purpose of making the exchange of lands referred to in section 1 of this act, the board of county commissioners of Pershing County, Nevada, and the board of directors of the Pershing County Water Conservation District of Nevada, are authorized to do each and every act as may be necessary and proper to effect such exchange including the execution and delivery to McClelland Gilmore, Jr., of a bargain and sale deed to the above-described county-owned land.
Sec. 3. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 11κ
Assembly Bill No. 102Mr. Shuey
CHAPTER 8
AN ACT ratifying, approving and confirming the proceedings heretofore taken by the board of county commissioners of Churchill County, Nevada, and by the Churchill County board of education in submitting the question of issuing the bonds of Churchill County in the amount of $200,000 at an election held November 2, 1954, for the purpose of acquiring a new county high school building, the purchase of equipment, and certain repairs and alterations to existing buildings at Fallon, Nevada, determining that the election resulted in the authorization of the bonds, and authorizing the Churchill County board of education, on behalf of Churchill County, Nevada, to issue and deliver the bonds.
[Approved February 16, 1955]
Whereas, At the election held on November 2, 1954, there was submitted to the qualified taxpaying and nontaxpaying electors of Churchill County, Nevada, authorized to vote thereon, the question of issuing the bonds of Churchill County in an amount not exceeding $200,000 for the purpose of acquiring a new county high school building, the purchase of equipment, and certain repairs and alterations to existing buildings at Fallon, Nevada; and
Whereas, More than a majority of the electors qualified to vote thereon voted in favor of the issuance of the bonds; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All action heretofore taken and all proceedings heretofore adopted by the board of county commissioners of Churchill County, Nevada, and the Churchill County board of education relating to the authorization and issuance of the bonds of Churchill County in the amount not to exceed $200,000, for the purpose of acquiring a new county high school building, the purchase of equipment, and certain repairs and alterations to existing buildings at Fallon, Nevada, be, and the same are hereby, ratified, approved and confirmed.
Sec. 2. It is hereby determined and found that the issuance of the bonds was duly authorized by a vote of the electors qualified to vote thereon, at an election held November 2, 1954.
Sec. 3. The Churchill County board of education, Churchill County, Nevada, is hereby authorized and empowered for and on behalf of Churchill County, Nevada, to provide for the issuance and delivery of the bounds so authorized at the election in an amount not exceeding $200,000, and the bonds when issued shall constitute the legal and valid obligations of Churchill County, Nevada, notwithstanding any irregularities in any of the election proceedings, and the full faith and credit of the county is hereby pledged to the prompt payment of the principal of and the interest on the bonds as they respectively fall due. It shall be the duty of the board of county commissioners, annually in due season, to provide for the levy of taxes fully sufficient after making due allowances for probable delinquencies to insure the prompt payment of all principal and interest on the bonds as they become due. In any year in which the total taxes levied against the taxable property in Churchill County by all overlapping units in Churchill County may exceed the limitation of 5 cents on the dollar imposed by section 2 of article X of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article X.
κ1955 Statutes of Nevada, Page 12 (CHAPTER 8, AB 102)κ
taxable property in Churchill County by all overlapping units in Churchill County may exceed the limitation of 5 cents on the dollar imposed by section 2 of article X of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article X.
Sec. 4. This act shall become effective upon passage and approval.
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Assembly Bill No. 132Elko County Delegation
CHAPTER 9
AN ACT authorizing and directing the board of county commissioners of Elko County to transfer certain funds and specifying the duties of certain county officers in connection therewith.
[Approved February 21, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Elko County is hereby authorized and directed to transfer from the general funds of such county the sum of $1,000 to the Elko County library fund, such sum to be in addition to other sums authorized by law to be set aside for county public library purposes. The county auditor and county treasurer of Elko County are directed and required to do all things necessary to effect the purpose of this act.
Sec. 2. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 13κ
Assembly Bill No. 70Messrs. Irwin, Lambert, Hunter, Swackhamer, Barnum, Wood, Shuey, Nevin, Jones, Ivers, Waters, Mount, Mrs. Denton, Messrs. Carlson, Tognoni, Leighton, and Berrum.
CHAPTER 10
AN ACT to amend an act entitled An Act making it unlawful to play at any licensed gambling game with marked cards, marked or loaded dice, or tamper with any licensed slot machines; and making it further unlawful to use any slugs, tokens, cheating or thieving device upon any lawful vending machine, coin box, telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America; providing penalties for the violation thereof; and other matters properly connected therewith, approved March 21, 1951.
[Approved February 23, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 239, Statutes of Nevada 1951, at page 358, is hereby amended to read as follows:
Section 1. It shall be unlawful for any person playing any licensed gambling game to use bogus or counterfeit chips, or to substitute and use in any such game cards or dice that have been marked, loaded, or tampered with, or employ or have on his person any cheating device to facilitate cheating in such games, or in playing any slot machine, lawful vending machine, coin box, telephone or other receptacle designed to receive or be operated by lawful coin of the United States of America in furtherance of or connection with the sale, use or enjoyment of property or service, to use other than lawful coin, legal tender of the United States of America, not of the same denomination as the coin intended to be used in such device, or to use or have on his person any cheating or thieving device to facilitate removing from any slot machine, lawful vending machine, coin box, telephone or other receptacle any part of the contents thereof.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 52Senator Lovelock
CHAPTER 11
AN ACT authorizing the county commissioners of the county of Washoe to enter into an agreement concerning certain lands, and other matters relating thereto.
[Approved February 25, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county of Washoe, acting by and through its county commissioners, is hereby authorized and directed to enter into a good and sufficient agreement with the state board of military auditors releasing to the state board of military auditors all the right, title and interest of the county of Washoe in and to not to exceed 6 acres of the southerly portion of those certain lands acquired by the county of Washoe pursuant to the provisions of chapter 251, Statutes of Nevada 1951, for use by the state board of military auditors as a site for an armory.
κ1955 Statutes of Nevada, Page 14 (CHAPTER 11, SB 52)κ
title and interest of the county of Washoe in and to not to exceed 6 acres of the southerly portion of those certain lands acquired by the county of Washoe pursuant to the provisions of chapter 251, Statutes of Nevada 1951, for use by the state board of military auditors as a site for an armory.
Sec. 2. Upon execution of the agreement herein provided for and delivery of possession of the lands therein described to the state board of military auditors, the county of Washoe shall thereafter be relieved of all responsibilities imposed by the provisions of section 3 of chapter 251, Statutes of Nevada 1951, with respect to the lands described in such agreement.
Sec. 3. Nothing herein shall be construed to require the county of Washoe to execute such agreement or surrender possession of any lands herein referred to unless and until the state board of military auditors shall in all respects be ready, willing and able to forthwith cause a suitable armory to be constructed and maintained upon such premises, and the continuance of such agreement may be made contingent upon the erection and continued maintenance of such armory on such premises.
Sec. 4. Each, every and all members of the board of county commissioners of Washoe County are hereby specifically empowered to enter into any contracts with the state board of military auditors with respect to such property, notwithstanding the limitations set forth in sections 1973 and 1974, N.C.L. 1929.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 97Senator Lemaire
CHAPTER 12
AN ACT authorizing and directing the county auditor and the county treasurer of Lander County, Nevada, to transfer certain funds now in the treasury of Lander County.
[Approved February 25, 1955]
Whereas, A special tax levy was requested by the board of trustees of Battle Mountain elementary school district prior to 1949, and the same was granted and levied by the board of county commissioners of Lander County beginning in 1949, and was so levied during the years 1949, 1950 and 1951; and
Whereas, The levy was continued beginning in 1953 and has continued through 1954; and
Whereas, The moneys received from the levies were intended to be directed into a fund designated the Battle Mountain district school building reserve fund; and
Whereas, The sum of $10,813.71 was levied in 1949, the sum of $9,192.64 was levied in 1950, and the sum of $10,001.07 was levied in 1951, which sums total $30,007.42; and
Whereas, By reason of administrative oversight or error the total sum was not directed into the Battle Mountain district school building reserve fund, but instead was paid into and retained in a fund designated the Battle Mountain elementary school fund; and
κ1955 Statutes of Nevada, Page 15 (CHAPTER 12, SB 97)κ
Whereas, The levies were continued during 1953 and 1954, but the moneys then collected were properly paid into the Battle Mountain district school building reserve fund; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon the passage and approval of this act, the county auditor and the county treasurer of Lander County are authorized and directed to transfer the sum of $30,007.42 from the Battle Mountain elementary school fund to the Battle Mountain district school building reserve fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 36Senator Whitacre
CHAPTER 13
AN ACT to amend an act entitled An Act creating a state department of purchasing, defining powers and duties, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 24, 1951.
[Approved February 28, 1955]
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 chapter 333, Statutes of Nevada 1951, at page 567, is hereby amended to read as follows:
Section 20. The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state: (1) the names and locations of the departments or institutions for which the purchases are to be made, (2) where and how specifications and quotation forms may be obtained, (3) the date and time not later than which bids must be filed, and (4) the date and time when bids will be opened. The director or his designated agent shall pass upon the copy for the advertisement. Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this act for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any county, municipality, irrigation district or school district, such advertising must be published in the county or counties in which such requesting agency is located, or, in lieu thereof, a true copy of such advertisement, certified to by the director, shall be forthwith filed with the county auditor of such county or counties.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 16κ
Assembly Bill No. 153Mr. Wood
CHAPTER 14
AN ACT to amend an act entitled An Act requiring any person or persons transacting business in this state under a fictitious name or designation to file certificate thereof, and providing penalties for a violation hereof, and repealing all acts in conflict herewith, approved March 20, 1923.
[Approved March 1, 1955]
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 4454, N.C.L. 1929, is hereby amended to read as follows:
Section 5. Every county clerk must keep, in a book or other suitable index provided for that purpose, a register of all the names of such business, or fanciful or fictitious designations, as shown in such certificates, together with the name of each person shown to be interested or a partner in such business, all in alphabetical order, and shall charge for each firm name so entered a fee of $1, which shall be full compensation for filing registration.
Sec. 2. This act shall become effective on passage and approval.
________
Assembly Bill No. 136Messrs. Dotson and Vaughan
CHAPTER 15
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 1, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 587 of the above-entitled act, being section 11235, N.C.L. 1929, is hereby amended to read as follows:
Section 587. The proceedings for the arrest and commitment of the person charged shall be in all respects similar to those provided in this act for the arrest and commitment of a person charged with a public offense committed within this state, except that a certified copy of an indictment found or other judicial proceeding had against him in the state or territory in which he is charged to have committed the offense, may be received as evidence before the magistrate, and shall be prima facie evidence that the defendant is a fugitive from justice.
Sec. 2. Section 588 of the above-entitled act, being section 11236, N.C.L. 1929, is hereby amended to read as follows:
Section 588. If, from the examination of the certified copy of the indictment found or other judicial proceeding had against him in the state or territory in which he is charged to have committed the offense, it appears that the person charged has committed treason, felony, or other crime charged, the magistrate, by warrant reciting the accusation, shall commit him to the proper custody within his county, for a time to be specified in the warrant, which the magistrate may deem reasonable, to enable the arrest of the fugitive under the warrant of the executive of this state, on the requisition of the executive authority of the state or territory in which he committed the offense, unless he give bail as provided in the next section or until he be legally discharged.
κ1955 Statutes of Nevada, Page 17 (CHAPTER 15, AB 136)κ
felony, or other crime charged, the magistrate, by warrant reciting the accusation, shall commit him to the proper custody within his county, for a time to be specified in the warrant, which the magistrate may deem reasonable, to enable the arrest of the fugitive under the warrant of the executive of this state, on the requisition of the executive authority of the state or territory in which he committed the offense, unless he give bail as provided in the next section or until he be legally discharged.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 95Mr. Waters
CHAPTER 16
AN ACT to amend an act entitled An Act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the sale of cigarettes into and within the State of Nevada; to provide for the issuance of wholesalers licenses; to impose a stamp tax on the sale of cigarettes, to provide for state licenses, designating the type of license to be issued, the fee for such licenses, and persons to pay the same; the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters properly relating thereto; to provide penalties for the violation thereof, and to repeal all acts or parts of acts in conflict herewith, approved March 27, 1947.
[Approved March 1, 1955]
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 chapter 192, Statutes of Nevada 1947, as amended by chapter 105, Statutes of Nevada 1951, at page 126, is hereby amended to read as follows:
Section 13. Every manufacturer, distributor, wholesaler or retailer making a sale, or sales, to ultimate consumers, shall at the time of such sale, see that each package, packet, or container has the Nevada cigarette revenue stamp or stamps properly affixed to each and every package, packet, or container, except as otherwise provided.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 18κ
Assembly Bill No. 53Messrs. Von Tobel and Leighton
CHAPTER 17
AN ACT to amend an act entitled An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 1, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 150, Statutes of Nevada 1947, at page 484, is hereby amended by adding thereto a new section to be designated as section 33.5, which shall immediately follow section 33 and shall read as follows:
Section 33.5. 1. Any licensee under the provisions of this act who shall be called into the military service of the United States shall, at his request, be relieved from compliance with the provisions of this act and placed on inactive status for the period of such military service and for a period of 6 months after discharge therefrom.
2. At any time within 6 months after termination of such service, providing the provisions of subsection 1 are complied with, the licensee may be reinstated, without examination, to active status in the appropriate classification which the licensee left upon entry into the military service, without having to meet any qualification or requirement other than the payment of the reinstatement fee, as provided in section 19 of this act, and the licensee shall not be required to make payment of the license fee for the current year.
3. Any licensee seeking to qualify for reinstatement, as provided in subsections 1 and 2, shall present a certified copy of his honorable discharge or certificate of satisfactory service to the secretary of the commission.
________
Assembly Bill No. 52Messrs. Von Tobel and Leighton
CHAPTER 18
AN ACT to amend an act entitled An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 1, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 150, Statutes of Nevada 1947, at page 484, is hereby amended by adding thereto a new section to be designated as section 28.5, which shall immediately follow section 28 and shall read as follows:
κ1955 Statutes of Nevada, Page 19 (CHAPTER 18, AB 52)κ
section to be designated as section 28.5, which shall immediately follow section 28 and shall read as follows:
Section 28.5. Every exclusive listing shall:
1. Be in writing.
2. Have set forth in its terms a definite, specified and complete termination.
3. Contain no provision requiring the party signing such listing to notify the broker of his intention to cancel the exclusive features of such listing after such expiration date.
4. Be signed by both the listing property owner or his duly authorized representative and the listing agent or his duly authorized representative in order to be enforceable.
________
Assembly Bill No. 51Messrs. Von Tobel and Leighton
CHAPTER 19
AN ACT to amend an act entitled An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 1, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 21 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, at page 500, is hereby amended to read as follows:
Section 21. The following procedure shall be adhered to before the revocation or suspension of any license: Upon complaint initiated by the commission, or upon the verified complaint filed with the commission and found by it, alone or together with evidence, documentary or otherwise, presented in connection therewith, to constitute a prima facie case, the matter shall be set down for a hearing, and the licensee shall be given at least 20 days prior notice in writing, of the date, time and place of the hearing, which notice shall contain an exact statement of the charges filed, together with a copy of the complaint and copies of any and all communications, reports, affidavits or depositions in possession of the commission touching or relating to the matter in question. The commission shall fix the time for the hearing within 60 days after the filing of any complaint, but the time of hearing may be continued from time to time upon written consent of the licensee. The licensee shall have an opportunity to be heard thereon in person or by counsel. The notice may be served by delivery of the same personally to the licensee, or by mailing the same by registered mail to the last-known business address of the licensee. If the licensee be a salesman, the commission shall also notify the broker employing him, by mailing notice by registered mail to the brokers last-known business address.
κ1955 Statutes of Nevada, Page 20 (CHAPTER 19, AB 51)κ
The hearing on the charges shall be at such time and place as the commission shall prescribe. At the hearing the licensee shall be entitled to examine, either in person or by counsel, any and all persons complaining against him, as well as all other witnesses whose testimony is relied upon to substantiate the charge made. He shall be entitled to present such evidence, written and oral, as he may see fit, and as may be pertinent to the inquiry. The hearings may be held by the commission or a majority thereof, and they shall be held, if the licensee so requests in writing within the county where the licensees principal place of business is situated. At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon the payment to the commission of such fee as it shall prescribe by general rule or regulation, not exceeding 25 cents per folio.
________
Assembly Bill No. 44Mr. Adams
CHAPTER 20
AN ACT providing that advocacy by a public employee or a public school teacher of the overthrow of the United States Government or of the state by force, violence or other unlawful means, or membership by a public employee or public school teacher in an organization advocating overthrow of such governments by force, violence or other unlawful means, to be sufficient cause for dismissal.
[Approved March 1, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Advocating Overthrow of Government Cause for Dismissal. It shall be sufficient cause for the dismissal of any public employee including teachers in the public schools or any state-supported educational institution when such public employee or teacher advocates or is a member of an organization which advocates overthrow of the government of the United States or of the state by force, violence or other unlawful means.
Sec. 2. Effective Date. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 21κ
Assembly Bill No. 29Committee on Judiciary
CHAPTER 21
AN ACT concerning common trust funds and to make uniform the law with reference thereto.
[Approved March 1, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Short Title. This act may be cited as the uniform common trust fund act.
Sec. 2. Establishment of Common Trust Funds. Any bank or trust company qualified to act as fiduciary in this state may establish common trust funds for the purpose of furnishing investments to itself as fiduciary, or to itself and others, as co-fiduciaries; and may, as such fiduciary or co-fiduciary, invest funds which it lawfully holds for investment in interests in such common trust funds, if such investment is not prohibited by the instrument, judgment, decree or order creating such fiduciary relationship, and if, in the case of co-fiduciaries, the bank or trust company procures the consent of its co-fiduciaries to such investment.
Sec. 3. Court Accountings. Unless ordered by a court of competent jurisdiction the bank or trust company operating such common trust funds is not required to render a court accounting with regard to such funds; but it may, by application to the district court, secure approval of such an accounting on such conditions as the court may establish.
Sec. 4. Uniformity of Interpretation. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Sec. 5. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 6. Effective Date. This act shall take effect July 1, 1955, and shall apply to fiduciary relationships then in existence or thereafter established.
________
Assembly Bill No. 26Committee on Judiciary
CHAPTER 22
AN ACT to amend an act entitled An Act relating to inventories and intermediate and final accounting by trustees, approved March 28, 1941.
[Approved March 1, 1955]
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 7718.02, 1929 N.C.L. 1941 Supp., as amended by chapter 284, Statutes of Nevada 1949, at page 586, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 22 (CHAPTER 22, AB 26)κ
Section 3. Within 75 days after the expiration of the first year after the first qualifying testamentary trustee was under a duty to file his inventory, as prescribed in section 2, or, at his election, within 75 days after the expiration of the testamentary trustees duly adopted first fiscal year, the testamentary trustee then in office shall file with the district court of the county where the will was admitted to probate an intermediate account under oath covering such year and showing:
(a) The period which the account covers;
(b) The names and addresses of the living beneficiaries known to the trustee, with a statement as to those known to be minors or under legally declared disability; and a description of any possible unborn or unascertained beneficiaries; and the name of the surety or sureties on the trustees bond with the amount of such bond;
(c) In a separate schedule additions to trust principal during the accounting period with the dates and sources of acquisition; investments, collected, sold, or charged off during the accounting period; investments made during the accounting period, with the date, source, and cost of each; deductions from principal during the accounting period, with the date and purpose of each; and the trust principal, invested or uninvested, on hand at the end of the accounting period, reflecting the approximate market value thereof;
(d) In a separate schedule the trust income on hand at the beginning of the accounting period, and in what form held; trust income received during the accounting period, when, and from what source; trust income paid out during the accounting period, when, to whom, and for what purpose; trust income on hand at the end of the accounting period, and how invested;
(e) That neither any seller of, nor buyer from, the trustee of trust property during the accounting period was at the time of such sale or purchase (1) in the case of a corporate trustee an affiliate, or any officer, employee, or nominee of the trust or of an affiliate; or was (2) in the case of a noncorporate trustee a relative, partner, employer, employee, or business associate; but none of the provisions of this subsection shall apply to purchasers and sales made by brokers for the trustee or to stock exchanges;
(f) A statement of unpaid claims with the reason for failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the trust property, and if due, whether paid;
(g) A brief summary of the account;
(h) Such other facts as the court may by rule or court order require.
Within thirty days after the end of each yearly period thereafter during the life of the trust, the testamentary trustee then in office shall file with the same court an intermediate account under oath showing corresponding facts regarding the current accounting period.
Sec. 2. The above-entitled act, being chapter 135, Statutes of Nevada 1941, at page 314, also designated as sections 7718-7718.26, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 10.5, which shall immediately follow section 10 and shall read as follows:
κ1955 Statutes of Nevada, Page 23 (CHAPTER 22, AB 26)κ
section to be designated as section 10.5, which shall immediately follow section 10 and shall read as follows:
Section 10.5. Compensation of Attorneys For Intermediate, Final Accounts. An attorney for a trustee shall be entitled to receive a reasonable compensation, to be allowed by the court, for services rendered to the trustee in the preparation and presentation of intermediate and final accounts.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 27Committee on Judiciary
CHAPTER 23
AN ACT to repeal an act entitled An Act for preventing the manufacture, sale or transportation of adulterated, mislabeled or misbranded, or poisonous or deleterious foods, drugs, medicines and liquors, and for regulating the manufacture and traffic therein, and providing penalties for the violation thereof, and repealing all acts in conflict therewith, approved March 25, 1913.
[Approved March 1, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 226, Statutes of Nevada 1913, at page 316, also designated as sections 6180 to 6205, inclusive, N.C.L 1929, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 45Committee on State and County Affairs
CHAPTER 24
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.
[Approved March 2, 1955]
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 181, Statutes of Nevada 1947, as amended by chapter 124, Statutes of Nevada 1949, at page 175, is hereby amended to read as follows:
Section 4. (1) The governing authority of the system shall be a board of five persons appointed by the governor and known as the public employees retirement board.
κ1955 Statutes of Nevada, Page 24 (CHAPTER 24, SB 45)κ
board of five persons appointed by the governor and known as the public employees retirement board.
(2) The board shall have (a) the powers and privileges of a body corporate, and (b) the power and duty subject to the limitations of this act of managing the system.
(3) The board (a) shall at its first meeting each year designate one of its members to serve as chairman of the board for the remainder of the year and until his successor is designated and takes the office, (b) shall arrange for actuarial service for the system, (c) shall employ an executive secretary as hereinafter provided, (d) shall create such other positions as it deems necessary for the sound and economical administration of the system, which positions the executive secretary shall fill by appointment, subject to the approval of the board, (e) and, in accord with the adopted pay plan of the state, shall fix the salaries of all persons employed for purposes of administrating the system. The members of the board shall receive their actual and necessary traveling and other expenses to the limit fixed by statute, when necessarily absent from home attending to the business of the board; provided further, that those members of the board who are not participating members of the retirement system, shall receive additional compensation of twenty ($20) dollars per day for attendance at meetings. Such reimbursement for expenses shall be paid from the public employees retirement administrative fund.
Sec. 2. Section 20 of the above-entitled act, being chapter 181, Statutes of Nevada 1947, as last amended by chapter 279, Statutes of Nevada 1953, at page 386, is hereby amended to read as follows:
Section 20. (1) Until the first payment of his service retirement allowance becomes normally due a member who has applied for service retirement, except as otherwise provided in (2) and (3) hereof, may elect to convert the allowance otherwise payable on his account after his retirement into a service retirement allowance of equivalent actuarial value of one of the optional forms named below. No such election shall be effective, however, until the election, upon a form prescribed by the retirement board, has been received in the office of the retirement board. Should he die before the election becomes effective the benefits payable on his account shall be the same as though he had not been retired.
(2) A member of the system who has become eligible for a service retirement allowance by virtue of attained age and required service may elect to protect a beneficiary under the terms and conditions of option 2 or option 3, below, and continue in employment. The allowances payable to the designated beneficiary under the options shall be calculated upon the conditions of service and average salary obtaining on the first day of the month in which the application for protection, upon a form prescribed by the retirement board, shall be received in the office of the retirement board. The protection for the named beneficiary shall not be effective until the election of an optional plan, upon a form prescribed by the retirement board, shall be filed in the office of the retirement board. Should the member die before the election becomes effective the benefits payable on his account shall consist of refund of contributions under section 21 of this act.
κ1955 Statutes of Nevada, Page 25 (CHAPTER 24, SB 45)κ
account shall consist of refund of contributions under section 21 of this act. Should the member die after the election has become effective, the designated beneficiary, if surviving, shall immediately become eligible for receipt of the elected allowance, and contributions made subsequent to the date of protection calculation shall be refundable under section 21 of this act; provided, if the death of the member occurs 12 months or more after the election of protection has become effective, the allowance payable to the beneficiary shall be recalculated upon the conditions of service and average salary of the member obtaining upon the day of his death and contributions shall not be refundable in any part. If the beneficiary should predecease the member, the member may name a beneficiary under section 21 of this act to receive his retirement contributions in case of his death prior to actual entry into retirement. Should the member enter into actual retirement within 12 months of the effective date of protection to a beneficiary he shall receive his allowance under the terms and conditions of the option previously selected; provided, that calculation thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement; provided, further, that the recalculated allowance shall not be less than the original calculation. Should the member enter into retirement status at a date in excess of 12 months after the effective date of protection of a beneficiary, he shall be permitted to reelect a retirement option, with change of beneficiary if desired, and calculations thereunder shall be made upon the conditions of service and average salary obtaining upon the date of retirement; provided, that the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received if the member chooses a plan other than that originally selected or names a beneficiary other than previously designated hereunder. Protection under this subsection (2) may be extended to only one person prior to actual entry into retirement.
(3) A member with 25 or more years of service but who is not as yet eligible for retirement by reason of age may elect to protect a beneficiary under the terms and conditions of option 2 or option 3, below. The protection to the beneficiary shall be calculated upon the members conditions of service and average salary obtaining on the first day of the month in which the application for such protection, upon a form prescribed by the retirement board, shall be received in the office of the retirement board. The election of protection for the named beneficiary shall not be effective until the election, upon a form prescribed by the retirement board, shall be filed in the office of the retirement board. Should the member die before the election becomes effective the benefits payable on his account shall consist of refund of contributions under section 21 of this act. Should the member die after the election has become effective the designated beneficiary, if surviving, shall become eligible for receipt of an allowance under the elected plan at such time as the deceased member would have reached retirement age. If the beneficiary does not survive to the date upon which the deceased member would have reached retirement age, the contributions of the deceased member shall be payable to the estate of the deceased member.
κ1955 Statutes of Nevada, Page 26 (CHAPTER 24, SB 45)κ
The anticipated retirement age shall be that age upon which the member could have retired in consideration of service accredited at the time of death. Should the member die after the effective date of protection, the allowance payable to the designated beneficiary under the elected option shall be recalculated under the conditions of service and average salary obtaining as of the date of such death. If the beneficiary should die during the continued employment of the member, the member may designate a beneficiary under section 21 of this act to receive his total retirement contributions in case of death prior to actual entry into retirement. Protection under options 2 or 3 may be extended to only one person prior to actual entry into retirement status. Should the member enter into actual retirement status within 12 months of the effective date of protection to a beneficiary he shall receive his allowance under the terms and conditions of the option previously selected; provided, that the allowance payable under the option shall be recalculated upon the conditions of service and average salary obtaining as of the date of retirement; provided, further, that the recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received. Should the member enter into actual retirement status at a date in excess of 12 months after the effective date of protection he may retire under the terms and conditions of the plan previously selected or he may be permitted to reselect a retirement plan, with change of beneficiary if desired, and calculations in every case shall be made upon the conditions of service and average salary obtaining upon the date of retirement; provided, that the recalculated allowance shall be reduced in every case by the actuarial equivalent of the protection previously received.
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 retirement allowance 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 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
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.
Sec. 3. Section 23(a) of the above-entitled act, being chapter 181, Statutes of Nevada 1947, as amended by chapter 125, Statutes of Nevada 1953, at page 132, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 27 (CHAPTER 24, SB 45)κ
Statutes of Nevada 1947, as amended by chapter 125, Statutes of Nevada 1953, at page 132, is hereby amended to read as follows:
Section 23(a). Any person accepting or receiving the benefits of a service retirement allowance under this act who accepts employment and receives compensation for services from the State of Nevada, from a political subdivision of the State of Nevada, or any department, branch, or agency thereof participating in the retirement system shall be regarded, for the purpose of this act, as a new member of the retirement system for the period of such re-employment and, upon re-entering service retirement, shall receive a return of his contributions made during re-employment and such retirement allowance and under the same conditions as were effective at the time of re-employment; provided, that retired persons who return to employment for the State of Nevada or a participating political subdivision for a minimum period of 12 consecutive months or more shall, at the time of re-entry into retirement, be permitted to elect to return to retirement with such retirement allowance and under such conditions as were effective at the time of re-employment or to enter into retirement under conditions which would have been effective at the end of the re-employment period had he not been previously retired; provided, that a recalculated allowance shall be reduced by the actuarial equivalent of the protection previously received if the member chooses a plan other than that originally selected or names a beneficiary other than previously designated. If death should occur during any such period of re-employment a beneficiary named under the provisions of section 21 of this act shall be entitled to refund of contributions made during the period of re-employment and a beneficiary, named under an optional plan of retirement at the time of first retirement, shall be entitled to such benefits as the optional plan conferred at that time, if otherwise eligible.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 26Senator Whitacre
CHAPTER 25
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, the generation, production, transmission and selling of electrical energy in any form, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; co-operation with the United States; and matters properly connected therewith, approved March 19, 1919.
[Approved March 2, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 16 of the above-entitled act, being section 8027, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 28 (CHAPTER 25, SB 26)κ
Section 16. The bonds authorized by vote shall be designated as a series, and the series shall be numbered consecutively as authorized. The portion of the bonds of the series authorized to be sold at any time shall be designated as an issue and each issue shall be numbered in its order. The bonds of such issue shall be numbered consecutively, commencing with those earliest falling due, and they shall be designated as eleven-year bonds, twelve-year bonds, etc. They shall be negotiable in form, and payable in money of the United States as follows, to wit: At the expiration of eleven years from each issue, five percent of the whole number of bonds of such issue; at the expiration of twelve years, six percent; at the expiration of thirteen years, seven percent; at the expiration of fourteen years, eight percent; at the expiration of fifteen years, nine percent; at the expiration of sixteen years, ten percent; at the expiration of seventeen years, eleven percent; at the expiration of eighteen years, thirteen percent; at the expiration of nineteen years, fifteen percent; at the expiration of twenty years, sixteen percent; provided, that such percentage may be changed sufficiently so that every bond shall be in the amount of one hundred dollars, or a multiple thereof, and the above provisions shall not be construed to require any single bond to fall due in partial payments. The board of directors shall have the power, with the approval of a majority of the state board of irrigation district bond commissioners, to fix and determine otherwise the time for the issuance and maturity of the bonds, the manner, method, terms and conditions of their payment and to provide for the calling and/or redeeming of said bonds before maturity at a premium not in excess of 2% above par; provided, that in no case shall the maturity of any bond be more than 50 years from the date thereof. Interest coupons shall be attached thereto, and all bonds and coupons shall be dated on January 1, or July 1, which date shall be subsequent to the election at which the issuance of said bonds was authorized and prior to their delivery to a purchaser, and said bonds shall bear interest at the rate of not to exceed six percent per annum, payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the place designated therein, which may be at any place within or outside of this state, and any district may deposit moneys in any bank or banks within or outside this state for the payment of the principal or interest on such bonds at the place or places at which the same are payable, or for any other lawful purpose. Said bonds shall be each of a denomination of not less than one hundred dollars, nor more than one thousand dollars, and shall be signed by the president and secretary, and the seal of the district shall be affixed thereto. Coupons attached to each bond shall be signed by the secretary. Said bonds shall express on their face that they were issued by the authority of this act, naming it, and shall also state the number of the issue of which said bonds are a part. The secretary and the treasurer shall each keep a record of the bonds sold, their number, the date of sale, the price received, the name of the purchaser. In case the money raised by the sale of all the bonds be insufficient for the completion of the plans and works adopted, and additional bonds be not voted, it shall be the duty of the board of directors to provide for the completion of said plans by levy or assessment therefor; provided further, that when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called, and otherwise conducted in accordance with the provisions of this act in respect to an original issue of bonds.
κ1955 Statutes of Nevada, Page 29 (CHAPTER 25, SB 26)κ
duty of the board of directors to provide for the completion of said plans by levy or assessment therefor; provided further, that when the money obtained by any previous issue of bonds has become exhausted by expenditures herein authorized, and it becomes necessary to raise additional moneys to carry out the adopted plan, additional bonds may be issued if authorized at an election for that purpose, which election shall be called, and otherwise conducted in accordance with the provisions of this act in respect to an original issue of bonds. The lien for taxes for the payment of interest and principal of any bond series shall be a prior lien to that of any subsequent bond series.
Sec. 2. The above-entitled act, being chapter 64, Statutes of Nevada 1919, at page 84, also designated as sections 8008-8097.01, N.C.L. 1929 and 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 21.5, which shall immediately follow section 21 and shall read as follows:
Section 21.5. Prior to the issuance of bonds, notes or certificates of indebtedness authorized for the purpose of improvements, any person, firm or corporation owning land upon which a benefit has been assessed for such improvements, may pay all or any portion of the benefit so assessed against the land, and upon such payment, the benefit so assessed shall be discharged to the extent of such payment, but no such payment may be made after the issuance of bonds, notes or certificates of indebtedness authorized to be issued in payment of such improvements except as provided by the district.
Sec. 3. Section 23 of the above-entitled act, being section 8034, N.C.L. 1929, is hereby amended to read as follows:
Section 23. The following funds are hereby created and established, to which the moneys properly belonging shall be apportioned, to wit: Construction fund, bond fund, and general fund. The general fund may be divided into general and operation and maintenance as the board may direct. Moneys accruing from the sale of bonds, and from any assessments levied for the direct payment of cost of construction, purchase of property, or other undertakings for which bonds may be issued, shall be deposited and kept in the construction fund. Moneys accruing from assessments levied for the payment of interest and principal on bonds shall be deposited and kept in the bond fund. All other moneys, including those realized from assessments or, as the case may be, from tolls charges levied or imposed for defraying the organization and current expense of the district, and expenses and cost of the care, operation, maintenance, management, repair, and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, shall be deposited and kept in the general fund or operation and maintenance fund, as the board of directors may designate. The board of directors may make temporary transfers from the general fund to the construction fund and from the construction fund to the general fund, but no such transfers may be made from the bond fund. Whenever all construction work is completed, any money remaining in the construction fund may be transferred to the general fund. Surplus moneys in the bond fund, subject to the approval of the irrigation district bond commission, may be placed at interest or invested in approved interest-bearing securities.
κ1955 Statutes of Nevada, Page 30 (CHAPTER 25, SB 26)κ
fund, subject to the approval of the irrigation district bond commission, may be placed at interest or invested in approved interest-bearing securities. If, after a full redemption of any bond issue, a surplus then remains in the bond fund, such surplus may, by resolution of the board of directors, be transferred to the general fund. The treasurer of the district is hereby authorized and required to receive and receipt for and to collect the moneys accruing to the several funds above named, and to place the same to the credit of the district in the appropriate fund. Said treasurer shall be responsible upon his official bond for the safe-keeping and disbursement of the moneys in such fund. Interest coupons shall be paid by him as in this act provided. The board may establish rules and regulations and prescribe the conditions under which the treasurer may make disbursements from the general and operation and maintenance funds, but no payments from any of the other funds of the district shall be made by the treasurer except upon vouchers signed by the president and secretary, after being first authorized by order of the board; provided, however, that salaries or expenses incurred by any member or officer of the board of directors must be approved at a meeting of the board before the voucher therefor is signed by the president and secretary. The county treasurer or treasurers who are required by this act to collect assessments levied by the district, are hereby authorized and required to turn over to the treasurer of the district all moneys, including delinquent penalties and interest collected (excepting cost of publication), and to take his receipt therefor. Such district treasurer shall report to the board in writing on the first Monday in each month the amount of money in the several funds aforesaid and the amounts received and paid out in the preceding month, and the treasurer shall make such other report and accounting as the board may require. Such reports shall be verified and filed with the secretary of the board.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 34Senator Munk
CHAPTER 26
AN ACT authorizing the boards of county commissioners in the various counties of the State of Nevada to budget for funds to carry on a cooperative program of weather modification (cloud seeding) and to validate past proceedings for such purpose.
[Approved March 2, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The boards of county commissioners of the various counties of this state are hereby empowered to enter into cooperative agreements with the State of Nevada, other counties of this state, or any private or public organization, and with private concerns engaged in weather modification (cloud seeding) operations.
κ1955 Statutes of Nevada, Page 31 (CHAPTER 26, SB 34)κ
private or public organization, and with private concerns engaged in weather modification (cloud seeding) operations.
Sec. 2. The expenses incident and necessary for the participation of counties in such cooperative program, as provided in section 1, shall be paid out of the general fund of such counties, and the board of county commissioners of any county acting under the terms of this act shall annually, at the time of making its budget, make an estimate of the expenses necessary to carry out its agreement, under the provisions of this act, and budget the same in all respects as other items of the budget may be made.
Sec. 3. All agreements for cooperation between the State of Nevada and the counties, and with any private organization as set forth in section 1, shall be evidenced by written agreements make and entered into by the boards of county commissioners interested, and the same shall be spread upon the minutes of each of the boards at the time of the adoption thereof.
Sec. 4. All action heretofore taken and all proceedings heretofore adopted by the boards of county commissioners of Pershing, Lander, Eureka, Humboldt, Elko, and White Pine Counties, relating to weather modification (cloud seeding) are hereby ratified, approved and confirmed.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 56Senator Whitacre
CHAPTER 27
AN ACT to amend an act entitled An Act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies or political subdivisions of the State of Nevada; repealing certain acts and parts of acts, and other matters properly connected herewith, approved March 28, 1953.
[Approved March 2, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 335, Statutes of Nevada 1953, at page 571, is hereby amended to read as follows:
Section 2. For the purpose of this act every county, city, town, municipality, school district, county high school, or high school district or educational district, irrigation districts, fire protection district, mosquito abatement district, and the governing boards thereof, are deemed to be governmental agencies of the State of Nevada.
________
κ1955 Statutes of Nevada, Page 32κ
Senate Bill No. 57Senator Whitacre
CHAPTER 28
AN ACT to amend an act entitled An Act to provide a procedure for the establishment of mosquito abatement districts, providing for a governing board thereof, powers and duties of said board, for the declaration of certain areas as a nuisance and abatement thereof; for a lien upon the premises and foreclosure therefor; financing of the activities of said board and its agents; dissolution of said board and all matters properly related thereto, approved March 22, 1951.
[Approved March 2, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 277, Statutes of Nevada 1951, at page 396, is hereby amended by adding thereto a new section to be designated at section 37.1, which shall immediately follow section 37 and read as follows:
Section 37.1. The district board shall have like powers and duties as the governing boards of other governmental agencies with respect to temporary emergency loans as provided by chapter 335, Statutes of Nevada 1953.
________
Senate Bill No. 58Senator Whitacre
CHAPTER 29
AN ACT to amend an act entitled An Act providing for the organization of fire protection districts upon certain lands within the State of Nevada, providing for the regulation thereof, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 23, 1937.
[Approved March 2, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 121, Statutes of Nevada 1937, at page 223, also designated as sections 1929.01 to 1929.12, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 8.1, which shall immediately follow section 8 and shall read as follows:
Section 8.1. The board of directors shall have like powers and duties as the governing boards of other governmental agencies with respect to temporary emergency loans as provided by chapter 335, Statutes of Nevada 1953.
________
κ1955 Statutes of Nevada, Page 33κ
Assembly Bill No. 134Washoe County Delegation
CHAPTER 30
AN ACT to amend an act entitled An Act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, establishing assembly districts in certain counties of the state, and providing for the election therefrom of members of the assembly, approved March 27, 1947.
[Approved March 2, 1955]
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 189, Statutes of Nevada 1947, as amended by chapter 270, Statutes of Nevada 1951, at page 387, is hereby amended to read as follows:
Section 3. 1. Washoe County is divided into 3 assembly districts as follows:
(a) All that portion of Washoe County lying north of Reno township, as presently constituted, and including Wadsworth township, as presently constituted, shall be known as assembly district No. 1, with one assemblyman to be elected at large therein.
(b) Sparks township, as presently constituted, shall be known as assembly district No. 2, with two assemblymen to be elected at large therein.
(c) All that portion of Washoe County known as Reno and Verdi townships, as presently constituted, shall be known as assembly district No. 3, with seven assemblymen to be elected at large therein.
2. Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.
3. The board of county commissioners of Washoe County shall, prior to all elections and as provided by law, establish the election precincts within the county in such manner that each election precinct for all elections at which any assemblymen are to be elected, or nominated for election, shall be wholly within some one of the assembly districts. The establishment of an election precinct for any such election which lies partly in two or more assembly districts shall be wholly null and void.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 34κ
Assembly Bill No. 177Elko County Delegation
CHAPTER 31
AN ACT to amend an act entitled An Act to incorporate the town of Wells, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 24, 1927.
[Approved March 3, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 144, is hereby amended to read as follows:
Section 2. Officers-Elective. The elective officers of the city of Wells shall consist of a mayor and four councilmen; all of whom shall be selected from the city at large.
Sec. 2. Section 3 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 144, as amended by chapter 74, Statutes of Nevada 1951, at page 78, is hereby amended to read as follows:
Section 3. Officers, Election of-Election, When and How Held-Councilmen. The councilman who received the largest number of votes cast in the May 1953 election shall hold office for the period terminating June 30, 1957. On the first Tuesday after the first Monday in May 1955, and at each successive interval of two years thereafter, there shall be elected at large by the qualified resident voters of the city of Wells, at a general election to be held for that purpose, three councilmen. The councilman at each of such elections receiving the largest number of votes shall hold office for 4 years and the remaining two councilmen-elect shall hold office for 2 years. On the 1st Tuesday after the 1st Monday in May 1955, and at each successive interval of 4 years thereafter, there shall be elected at large by the qualified resident voters of the city of Wells, at the general election to be held in part for that purpose, a mayor. The mayor-elect and councilmen-elect shall hold office for their respective terms, which shall commence the first day of July following their election. The board of councilmen of said city shall order the general election and shall determine the place in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and any special city election and the manner of holding 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 feature of said city election, then the board of councilmen of said city of Wells shall have the power to provide for such deficiency.
Registration for such elections and for any special city elections shall be had in the manner provided in the general election law, entitled, An act regulating the registration of electors for general, special and primary elections, approved March 27, 1917, as amended; provided, however, that if any publication provided in the general registration law be required to be made by the county clerk, such publication, if made by the city clerk, shall be deemed sufficient; and provided further that any publication required by the general election or registration laws may be made in one newspaper of general circulation in said city of Wells; and provided further that in all elections in said city it shall be sufficient that registration before the justice of the peace of Wells township, as deputy registrar for the city of Wells, be open for a period of thirty days prior to the close of registration, which close of registration shall, as provided in said general registration law, be twenty days prior to any election; and provided further that the publication of notice of close of registration need be but once a week on each day of weekly publication of a weekly newspaper within said thirty day period for registration; and provided further that the posting of notice of close of registration need be made in only one conspicuous place in said city of Wells, which shall be at the United States post office in said city, or at the office of the city clerk; and provided further that all provisions either of this charter or of the general registration or election laws, shall be liberally construed so that the real will of the electors shall not be defeated by any informality or failure to comply with all provisions of law in respect either to the giving of notice or the conducting of any regular or special election, or canvassing the vote or certifying the result thereof.
κ1955 Statutes of Nevada, Page 35 (CHAPTER 31, AB 177)κ
registration law be required to be made by the county clerk, such publication, if made by the city clerk, shall be deemed sufficient; and provided further that any publication required by the general election or registration laws may be made in one newspaper of general circulation in said city of Wells; and provided further that in all elections in said city it shall be sufficient that registration before the justice of the peace of Wells township, as deputy registrar for the city of Wells, be open for a period of thirty days prior to the close of registration, which close of registration shall, as provided in said general registration law, be twenty days prior to any election; and provided further that the publication of notice of close of registration need be but once a week on each day of weekly publication of a weekly newspaper within said thirty day period for registration; and provided further that the posting of notice of close of registration need be made in only one conspicuous place in said city of Wells, which shall be at the United States post office in said city, or at the office of the city clerk; and provided further that all provisions either of this charter or of the general registration or election laws, shall be liberally construed so that the real will of the electors shall not be defeated by any informality or failure to comply with all provisions of law in respect either to the giving of notice or the conducting of any regular or special election, or canvassing the vote or certifying the result thereof.
The qualifications of the officers of election shall be deemed sufficient, whether their appointment be made by the board of county commissioners of the county of Elko, or by the board of councilmen of the city of Wells. Ballots need not be in any particular form, or of any particular paper, or of any particular size; provided only that the same clearly indicate the candidates to be voted for and the questions or propositions to be voted for or against.
No candidate for office at such general elections shall be entitled to have his name placed upon the official ballot unless such candidate shall at least 20 days before the date of such election pay unto the city of Wells by delivery unto the city clerk the sum of $5 as a filing fee; in addition to paying such filing fee the candidate shall execute and file with the city clerk, coincidentally with the paying of such filing fee, a verified statement showing that the candidate possesses the qualifications as required by the provisions of section 6 of chapter II of this act, as amended, for the office for which he is a candidate.
Each person desiring to become a candidate and who shall have paid his filing fee and filed his verified statement as herein set forth, shall be entitled to have his name placed upon the official ballot as in this act provided.
Sec. 3. Section 5 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 145, as amended by chapter 74, Statutes of Nevada 1951, at page 79, is hereby amended to read as follows:
Section 5. Officers, Appointive and Ex Officio-Enumeration of-Compensation. The county assessor of the county of Elko shall be ex officio assessor of the city of Wells; the justice of the peace of Wells township, county of Elko, shall be ex officio police judge and preside over the municipal court of the city of Wells; the city clerk shall be ex officio license collector of the city of Wells; the constable of Wells township, county of Elko, may be ex officio marshal of the city of Wells by appointment of the board of councilmen or the said board may appoint a person other than the constable to be the city marshal of the city of Wells.
κ1955 Statutes of Nevada, Page 36 (CHAPTER 31, AB 177)κ
ex officio license collector of the city of Wells; the constable of Wells township, county of Elko, may be ex officio marshal of the city of Wells by appointment of the board of councilmen or the said board may appoint a person other than the constable to be the city marshal of the city of Wells. The assessor of the county of Elko and ex officio city assessor of the city of Wells shall perform the duties of his office unto the said city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of councilmen, upon the 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; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit. The assessor of the county of Elko, the justice of the peace and the constable of Wells township, county of Elko, and or city marshal, shall be liable on their official bonds for the faithful discharge of their duties imposed on them by this act. The board of councilmen shall appoint a city clerk. Said city clerk shall be ex officio city treasurer, the salary of the combined offices to be fixed, allowed, and paid by said board. The board of councilmen shall appoint a city engineer with salary to be fixed, allowed, and paid by said board. The board may also in its discretion appoint or employ a city attorney and a city auditor from time to time and compensate them for such legal advice and services as they may deem necessary. The board of councilmen may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof, provided, such action shall be agreeable to the whole board of councilmen. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the board of councilmen out of such city funds as the board may designate. Any one or more of such appointive offices, may, in the discretion of the board of councilmen, be combined and the duties thereof discharged by one person. The board of councilmen may fix, allow and pay a salary or fees to the ex officio judge and the constable serving as ex officio city marshal or the city marshal. Said respective salaries or fees shall be set by the board of councilmen. City employees and officers, excluding the mayor and councilmen, may be allowed annually vacation leave with pay and sick leave with pay. Said periods of leave respectively shall be established by the board of councilmen at their discretion. Temporary employees to relieve regular city employees shall be paid at the pro rata basis of the employee relieved.
Sec. 4. Section 6 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 146, is hereby amended to read as follows:
Section 6. Officers, Elective-Qualifications of. The mayor and each of the four councilmen shall not be less than 25 years of age, citizens of the United States, and for at least two years immediately preceding their election residents of the city of Wells, qualified voters who are property owners and taxpayers in said city. All of the officers made elective by the popular vote shall, before the following July 1 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.
κ1955 Statutes of Nevada, Page 37 (CHAPTER 31, AB 177)κ
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. 5. Section 7 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 146, is hereby amended to read as follows:
Section 7. Official Oath, Qualification. Every person elected by the voters of said city or by the board of councilmen 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 Wells. All official bonds herein provided for shall be filed with the city clerk of said city, with the exception of the bond of said clerk, which shall be filed and recorded in the office of the county recorder of the county of Elko. All elective officers herein provided for shall enter upon their duties as of July 1 following their election and upon receiving their certificate of election and upon filing their oath of office and bond duly approved by the district judge as in this act provided.
Sec. 6. Section 15 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 151, is hereby amended to read as follows:
Section 15. Board of Councilmen, Powers-Councilmen in Charge of Several Departments, Duties of-Designation of Mayor, Charge of. Said board of councilmen so constituted shall have control and supervision over all of the departments of the city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of said city and whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the councilmen, at the first meeting of the board after July 1 of each election year, or as soon thereafter as may be practicable, one councilman who shall be known as Superintendent of Public Safety, who shall be the executive officer of his department and who shall have the power to employ policemen and firemen and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over said department that he may deem necessary for the improvement of the service in said department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the councilmen; and one councilman to be known as Superintendent of Streets and Public Works, who shall be the executive officer of his department, and who shall have under his special charge the supervision of streets, alleys, public grounds, and property of said city, including construction, repair and maintenance and lighting of streets, alleys and other public properties; and one councilman to be known as the Superintendent of Water and Utilities, who shall be the executive officer of his department and who shall see to the providing of water to the residents of said city and who shall see to the enforcement of rules and regulations with respect to said department and that the conditions of the grant of any franchise privileges for utilities are faithfully complied with and performed; and one councilman to be known as the Superintendent of Health and Sanitation, who shall be the executive officer of his department and who shall have under his special charge the disposition of garbage within the city and be charged with the duty of keeping the streets and alleys, public grounds and property of said city clean and in a sanitary condition and with the enforcement of all rules and regulations necessary to these ends.
κ1955 Statutes of Nevada, Page 38 (CHAPTER 31, AB 177)κ
to the residents of said city and who shall see to the enforcement of rules and regulations with respect to said department and that the conditions of the grant of any franchise privileges for utilities are faithfully complied with and performed; and one councilman to be known as the Superintendent of Health and Sanitation, who shall be the executive officer of his department and who shall have under his special charge the disposition of garbage within the city and be charged with the duty of keeping the streets and alleys, public grounds and property of said city clean and in a sanitary condition and with the enforcement of all rules and regulations necessary to these ends. The mayor shall be known as the Superintendent of Finance and Revenue, and shall be the executive officer of his department, and shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to said city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each councilman in control of a department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time, when in his discretion it is for the best interests of the service in any department under the special charge of any councilman, to recall the appointment of such councilman and designate another councilman as the superintendent of such department, and to designate the councilman so removed superintendent over another department.
Sec. 7. Section 16 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 152, is hereby amended to read as follows:
Section 16. Mayor, Powers and Duties. The mayor shall be the chief executive officer of the city of Wells and shall be the ex officio president of the board of councilmen, and shall see that all the laws thereof are enforced; he shall vote as a member of the board on all questions put to a vote when he shall be present; he shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of or in concert with the board of councilmen, as are conferred by the provisions of this act, as may be conferred upon him by the board of councilmen, and not inconsistent with the general purpose and provisions of this charter, and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the councilmen of the city or other charter officers except by acting in concert with the other members of the board of councilmen when present, and may vote on all questions the same as other councilmen. In the event of a vote in an acting board consisting of four members including the mayor, which shall result in a vote of two against two, the manner in which the vote is cast by the mayor shall determine the question.
Sec. 8. Section 18 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 153, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 39 (CHAPTER 31, AB 177)κ
chapter 104, Statutes of Nevada 1927, at page 153, is hereby amended to read as follows:
Section 18. Board of Councilmen-Meetings-Special Meetings-Quorum. The board of councilmen created by this act shall meet at least once a month in regular meeting at such time as shall be fixed by said board, at the city hall or other designated place in said city, to consider and take under advisement and act upon such business as may come before them. Two councilmen and the mayor or three councilmen shall constitute a quorum for the transaction of all business, but no final action shall be taken in any matter concerning the special department of any absent councilman unless such business has been made a special order of the day, or such action is taken at a regular meeting of the boards; provided, that no bonds may be issued nor taxes levied except at a regular meeting attended by the mayor and three of the councilmen. Special meetings may be called by the mayor or by any two councilmen at any time to consider only such matters as shall be mentioned in the call for said meeting. Written notice of such special meeting shall be given to each member of the board by registered mail, with the postage and registry charges prepaid, and addressed to each member of the board at Wells, Nevada, at least three days prior to the time for such special meeting. The registry receipts showing that such notices have been sent by registered mail shall be conclusive evidence that such notice has been given as herein provided, and that such special meeting was held pursuant to notice duly, regularly, and legally given. Any proceedings had at any special meeting of said board wherein all of the members thereof shall be present shall be as legal and valid as if had at a regular meeting or at a special meeting upon due notice. A special meeting may be held by unanimous written consent at any time without the giving of the notice hereinabove provided for. Any action of a majority of the board of councilmen, although not a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting. All official sessions of said board, whether regular or called, shall be open to the public.
Sec. 9. Section 42 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 174, as amended by chapter 74, Statutes of Nevada 1951, at page 80, is hereby amended to read as follows:
Section 42. Statement of Finances. The city clerk shall prepare on or before the first Monday in March of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and disbursements for the previous year, ending December 31, showing:
1. The total receipts of the city, stating particularly the source of each portion of the revenue.
2. The amount of cash on hand at the date of the last report.
3. The amount of sinking fund and how invested.
4. The number, date and amount of every bond issued, or redeemed, and the amount received or paid therefor.
5. The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
κ1955 Statutes of Nevada, Page 40 (CHAPTER 31, AB 177)κ
amount of each class and the rate of interest borne by such indebtedness or any part thereof.
6. Each warrant issued, to whom and on what account.
7. The amount of cash in the city treasury and in its several funds. He shall publish on or before the first Monday in March of each year, in some newspaper having a general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to the public inspection at all times.
8. The board of councilmen shall cause an audit of the city books and accounts to be performed and rendered annually as of June 30 of each year for preceding twelve (12) months period and commending June 30, 1955. Said board may, in its discretion, require audits of the city books and accounts at any time. Said audits shall be made by a certified public accountant to be appointed for each audit by the board of councilmen. Said certified public accountant shall be the auditor of the city for the period of his employment.
Sec. 10. Section 58 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 179, is hereby amended to read as follows:
Section 58. Any Cost Over Value of Property Paid by the City. The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of the surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for city, state and county taxation. Any cost exceeding the value of such lot or premises which otherwise would be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessments shall be included as a part of such assessment.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 7Mr. Pozzi
CHAPTER 32
AN ACT to amend an act entitled An Act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith, approved March 21, 1925.
[Approved March 3, 1955]
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 4355, 1929 N.C.L. 1941 Supp., as last amended by chapter 171, Statutes of Nevada 1945, at page 268, is hereby amended to read as follows:
Section 6. (a) Every vehicle upon a highway of this state at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated.
κ1955 Statutes of Nevada, Page 41 (CHAPTER 32, AB 7)κ
at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. The lights of all motor vehicles herein mentioned shall be in conformity with interstate commerce commission rulings.
(b) Every motor vehicle, other than a motorcycle, shall be equipped with at least two head lamps with at least one on each side of the front of the motor vehicle, which head lamps shall comply with the requirements and limitations set forth in this article. Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of this article.
(c) Every motor vehicle, trailer, semitrailer, and any other vehicle which is being drawn at the end of a train of vehicles shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of five hundred (500) feet to the rear; provided, that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified.
(d) In addition to other equipment required in this act the following vehicles shall be equipped as herein stated:
(1) On every bus or truck, whatever its size, there shall be the following:
On each side, one reflector, at or near the rear.
On the rear, two reflectors, one at each side, and one stoplight.
(2) On every bus or truck eighty (80) inches or more in over-all width and less than thirty (30) feet in over-all length, in addition to the requirements in subparagraph (1):
On the front, two clearance lamps, one at each side.
On the rear, two clearance lamps, one at each side.
(3) On every bus or truck thirty (30) feet or more in over-all length, regardless of its width, in addition to the requirements in subparagraph (1):
Clearance lamps required in (2) above.
On each side, two side marker lamps, one at or near the front and one at or near the rear.
On each side, one reflector at or near the front.
(4) On every truck-tractor, the cab of which is as wide as or wider than any vehicle being drawn:
On the front, two clearance lamps, one at each side.
On each side, one side marker lamp at or near the front.
(5) On every trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds, if wider than the truck or the cab of the truck-tractor drawing it, the following:
On the front, two clearance lamps, one at each side.
On each side, two side marker lamps, one at or near the front and one at or near the rear.
On each side, two reflectors, one at or near the front and one at or near the rear.
κ1955 Statutes of Nevada, Page 42 (CHAPTER 32, AB 7)κ
On the rear, two clearance lamps, one at each side, also two reflectors, one at each side, and one stoplight.
(6) On every semitrailer in excess of three thousand (3,000) pounds gross weight, which is attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such a poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections:
On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side and rear.
On the rear of such semitrailer or load, two reflectors mounted one at each side of the bolster or load.
(7) On every other trailer or semitrailer having a gross weight in excess of three thousand (3,000) pounds if of the same width or less than the truck or the cab of the truck-tractor drawing it, the following:
On each side, one side marker lamp near the rear.
On each side, two reflectors, one at or near the front and one at or near the rear.
On the rear, two clearance lamps, one at each side.
On the rear, two reflectors, one at each side and one stoplight.
(8) On every trailer or semitrailer weighing three thousand (3,000) pounds gross or less:
On the rear, two reflectors, one on each side.
If any trailer or semitrailer is so loaded or is of such dimensions as to obscure the stoplight on the towing vehicle, then such vehicle shall also be equipped with one stoplight.
Every school bus, when operated for the transportation of school pupils, shall bear upon the front and rear thereof a plainly visible sign containing the words school bus in letters not less than four inches in height, except that on any school bus purchased or repainted after the effective date of this amendment, said words shall not be less than eight inches in height. Upon every such sign the letters shall be of proportionate width. No vehicle, other than a school bus, shall display such a sign.
Every such school bus shall be equipped with a mechanical appliance, either automatic, or hand-operated, on the drivers side, to be extended outward when stopping, as a warning to drivers of other vehicles, that such bus is about to stop.
The driver of any vehicle upon a highway outside of a business or residence district upon meeting or overtaking from either direction any school bus equipped with signs as herein required which has stopped on the highway for the purpose of receiving or discharging any school children shall bring such vehicle to a stop immediately before passing said school bus, but may then proceed past such school bus at a speed not greater than is reasonable or proper but in no event greater than ten miles per hour and with due caution for the safety of pedestrians.
(e) Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color.
κ1955 Statutes of Nevada, Page 43 (CHAPTER 32, AB 7)κ
display or reflect an amber color. Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stoplight or other signal device, which may be red, amber, or yellow.
(f) Reflectors required in subdivision (e) shall be mounted at a height not less than twenty-four (24) inches and not higher than sixty (60) inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than twenty-four (24) inches the reflector at such point shall be mounted as high as that part of the permanent structure will permit. Any required red reflector on the rear of such vehicle may be incorporated with the tail lamp, but such reflector shall meet all the other reflector requirements of this act.
Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width as near the top thereof as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required herein with reference to both.
(g) Stoplights shall be actuated upon application of the service (foot) brake and shall be capable of being seen and distinguished from a distance of one hundred (100) feet to the rear of the vehicle in normal daylight, but shall not project a glaring or dazzling light. A stoplight may be incorporated with a tail lamp.
(h) Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which by reason of its location on a vehicle of the combination would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
(i) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended during the times mentioned in subdivison (a) hereof, such vehicle shall be equipped with one or more lamps which shall exhibit a white light on the roadway side visible from a distance of five hundred (500) feet to the front of such vehicle and a red light visible from a distance of five hundred (500) feet to the rear, except that local authorities may provide by ordinance or resolution that no lights need be displayed upon any such vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such highway. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
(j) All vehicles, including animal-drawn vehicles not hereinbefore specifically required to be equipped with lamps, shall at the times specified in subdivision (a) hereof be equipped with at least one lighted lamp or lantern exhibiting a white light visible from the front of such vehicle and with a lamp or lantern exhibiting a red light visible from the rear.
κ1955 Statutes of Nevada, Page 44 (CHAPTER 32, AB 7)κ
vehicle and with a lamp or lantern exhibiting a red light visible from the rear.
(k) Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred (100) feet ahead of the vehicle.
Any motor vehicle may be equipped with not to exceed three auxiliary driving lamps mounted on the front at a height not less than twelve (12) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands, and every such auxiliary driving lamp or lamps shall meet the requirements and limitations set forth in this article.
(l) Except as hereinafter provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof, on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.
(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight and level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
(3) Every new motor vehicle, other than a motorcycle or motor-driven cycle, registered in this state after January 1, 1956, which has multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
(m) Whenever a motor vehicle is being operated on a roadway, or shoulder adjacent thereto, during the times specified in subdivision (a) of this section, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
(1) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in subparagraph (2) of subdivision (1) of this section, shall be deemed to avoid glare at all times, regardless of road contour and loading.
κ1955 Statutes of Nevada, Page 45 (CHAPTER 32, AB 7)κ
(2) Whenever the driver of a vehicle follows another vehicle within 200 feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this act other than the uppermost distribution of light specified in subparagraph (1) of subdivision (l) of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 9Mr. Mount
CHAPTER 33
AN ACT to amend an act entitled An Act to provide for the licensing and registration of motor vehicles in the State of Nevada, defining the duties of certain officers in connection therewith, prescribing certain rules and regulations, defining certain powers and duties, and other matters properly connected therewith, and repealing all acts or parts of acts in conflict or inconsistent with this act, approved March 19, 1925.
[Approved March 3, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 23 of the above-entitled act, being section 4396, N.C.L. 1929, as last amended by chapter 347, Statutes of Nevada 1953, at page 628, is hereby amended to read as follows:
Section 23. No vehicle shall be operated nor moved upon any public highway, except upon the following conditions: (1) The maximum weight on any single axle shall not exceed eighteen thousand (18,000) pounds. Every vehicle whether operated singly or in a combination of vehicles, and every combination of vehicles must comply with both subdivisions (a) and (b) of this section. (a) The total gross weight with load imposed on the highway by any group of two or more consecutive axles of a vehicle or of a combination of vehicles where the distance between the first and last axles of said two or more consecutive axles is 18 feet or less, shall not exceed that given for the respective distance in the following table:
Table (a)
Distance Distance
in feet Allowed in feet Allowed
between load in between load in
first and pounds on first and pounds on
last axles group of last axles group of
of group axles of group axles
11........................................ 35,700
4......................................... 32,000 12........................................ 36,400
5......................................... 32,000 13........................................ 37,100
6......................................... 32,200........................... 14........................................ 43,200
7......................................... 32,900 15........................................ 44,000
8......................................... 33,600 16........................................ 44,800
9......................................... 34,300 17........................................ 45,600
10....................................... 35,000 18........................................ 46,400
κ1955 Statutes of Nevada, Page 46 (CHAPTER 33, AB 9)κ
(b) The total gross weight with load imposed on the highway by any vehicle or combination of vehicles where the distance between the first and last axles is more than 18 feet shall not exceed that given for the respective distances in the following table:
Table (b)
Allowed Allowed
Distance load in Distance load in
in feet pounds in feet pounds
18....................................... 46,400 37........................................ 65,450
19....................................... 47,200 38........................................ 66,300
20....................................... 48,000........................... 39........................................ 67,150
21....................................... 48,800 40........................................ 68,000
22....................................... 49,600 41........................................ 68,000
23....................................... 50,400 42........................................ 68,000
24....................................... 51,200 43........................................ 68,000
25....................................... 55,250 44........................................ 68,000
26....................................... 56,100 45........................................ 68,000
27....................................... 56,950 46........................................ 68,800
28....................................... 57,800 47........................................ 69,600
29....................................... 58,650 48........................................ 70,400
30....................................... 59,500 49........................................ 71,200
31....................................... 60,350 50........................................ 72,000
32....................................... 61,200 51........................................ 72,800
33....................................... 62,050 52........................................ 73,600
34....................................... 62,900 53........................................ 74,400
35....................................... 63,750 54........................................ 75,200
36....................................... 64,600 55........................................ 76,000
56 or over 76,800
(a) The distance between axles shall be measured to the nearest even foot. When a fraction is exactly one-half foot the next larger whole number shall be used. The provisions of this section shall not apply to traction engines or tractors, the propulative power of which is exerted, not through wheels resting upon the ground but by means of a flexible band or chain known as a movable tract, when the portions of the movable tracks in contact with the surface of the highway presents plane surfaces; provided, that no traction engines or tractors having lugs, grousers, or other mechanical contrivance on its wheels, or track, designed to give tractive effect shall be operated on any highway in this state unless a circular metal band of a width of not less than three (3) inches is placed entirely around the periphery of such wheel or track, such band to serve as a protection against the tearing up or marring of the surface of the highway. (b) Authority for the enforcement of the provisions of section 23 shall be vested in the Nevada highway patrol under the jurisdiction of the public service commission of Nevada. Any officer of the highway patrol having reason to believe that the weight of a vehicle and load is unlawful is authorized to require the driver to stop and submit to a weighing of the same either by means of portable or stationary scales and may require that such vehicle be driven to the nearest public scales in the event such scales are within five miles.
κ1955 Statutes of Nevada, Page 47 (CHAPTER 33, AB 9)κ
require that such vehicle be driven to the nearest public scales in the event such scales are within five miles.
Whenever an officer upon weighing a vehicle and load as above provided determines that the weight is unlawful, such officer may require the driver to stop in a suitable place and remove such portion of the load as may be necessary to reduce the gross weight of such vehicle to those limits permitted under this code. Provided, however, that the officer may allow the driver of the inspected vehicle to continue on his journey in the event that any overload does not exceed by more than five percent the limitations prescribed herein, and provided further that the penalties provided in this act shall be exercised for the overload violation. All materials so unloaded shall be cared for by the carrier of such material and shall be cared for at the expense of the carrier.
Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or who fails or refuses when directed by an officer of the highway patrol upon a weighing of the vehicle to stop and otherwise comply with the provisions of this section, shall be deemed guilty of a misdemeanor. Every person convicted of a violation of any weight limitation provision of this section and every person, company, association or corporation, either personally or by his or its agent or employee, who is found guilty of violating any weight limitation of this section shall be punished by a fine which shall equal the amounts specified in the following table:
Pounds of Pounds of
excess excess
weight Fine weight Fine
2,001-2,500...................................... $20 7,501- 8,000................................. $200
2,501-3,000........................................ 25 8,001- 8,500................................... 225
3,001-3,500........................................ 30 8,501- 9,000................................... 275
3,501-4,000........................................ 35 9,001- 9,500................................... 325
4,001-4,500........................................ 40 9,501-10,000.................................. 375
4,501-5,000........................................ 60 10,000-10,500............................... 400
5,001-5,500........................................ 80 10,501-11,000............................... 425
5,501-6,000...................................... 100 11,001-11,500............................... 450
6,001-6,500...................................... 120 11,501-12,000............................... 475
6,501-7,000...................................... 150 12,001 and over.......................... 500
7,001-7,500...................................... 175
The maximum fine under this section shall be $500.
The fines provided herein shall be mandatory and shall not be waived or suspended under any circumstances by the court.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 48κ
Assembly Bill No. 101Mr. Ivers
CHAPTER 34
AN ACT to amend an act entitled An Act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto, approved March 27, 1953.
[Approved March 3, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above entitled act, being chapter 292, Statutes of Nevada 1953, at page 451, is hereby amended to read as follows:
Section 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed, and particularly that certain act entitled An Act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto, approved March 20, 1945, being chapter 92, Statutes of Nevada 1945, at page 138.
Sec. 2. Section 3 of the above-entitled act, being chapter 292, Statutes of Nevada 1953, at page 452, is hereby expressly repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 31Mr. Swackhamer
CHAPTER 35
AN ACT authorizing the state controller to make payroll deductions from the salaries or wages of state employees upon their written request, and to purchase therewith United States Savings Bonds or similar United States obligations.
[Approved March 3, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized to provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deduction for officers and employees of the state government who make written requests for such deductions and purchases.
Sec. 2. For the purpose of allowing any and all state officers and employees the opportunity of requesting salary or wage deductions for the purchase of United States Savings Bonds or similar United States obligations, the state controller shall provide forms authorizing the deductions and purchases and shall make them readily available to all state officers and employees.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 49κ
Assembly Bill No. 30Mr. Swackhamer
CHAPTER 36
AN ACT providing an additional and supplemental appropriation for the general support of the Nevada school of industry for the biennium ending June 30, 1955.
[Approved March 3, 1955]
Whereas, By section 44 of chapter 294, Statutes of Nevada 1953, there was appropriated for the general support of the Nevada school of industry the sum of $153,937; and
Whereas, From July 1, 1953, to the present time there has been an unforeseeable increase in the number of students at the Nevada school of industry; and
Whereas, Because of rising costs of food, clothing and general maintenance of the students committed to the school there will be a deficiency for the fiscal year ending June 30, 1955; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1955, there is hereby appropriated from any money in the state treasury not otherwise appropriated the sum of $20,000 for the general support of the Nevada school of industry as an additional and supplemental appropriation to that allowed by section 44 of chapter 294, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 87Senator Gallagher
CHAPTER 37
AN ACT to amend an act entitled An Act to regulate and fix the fees of the county clerk of White Pine County and ex officio clerk of the Seventh judicial district court, in the State of Nevada, and to repeal all other acts and parts of acts in conflict therewith, approved March 22, 1937.
[Approved March 3, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 95, Statutes of Nevada 1937, at page 175, is hereby amended to read as follows:
Section 1. The county clerk of White Pine County and ex officio clerk of the Seventh judicial district court of the State of Nevada, shall charge and collect fees as follows:
For all services performed by him in any action or proceeding, except a probate or guardianship proceeding, to and including the making up of the judgment roll, $15, to be collected in advance from the party commencing the action or proceeding. In cases where an injunction or an attachment or a receiver is asked for, an additional advance fee of five dollars shall be charged and collected.
κ1955 Statutes of Nevada, Page 50 (CHAPTER 37, SB 87)κ
For filing cross-complaint, counter-claim, or a complaint in intervention, five dollars.
For entering judgment by confession, ten dollars.
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him, or them, $10; for every additional defendant, appearing separately, $5.
For services performed in an action appealed from a justices court, six dollars.
For filing and indexing papers on transfer of a cause from the district court of another county, five dollars.
For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charges or postage, five dollars.
For issuing a commission to take testimony, one dollar.
For filing notice and undertaking and all services, including indexing, on appeal to the supreme court, five dollars.
For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), five dollars, to be paid by the party moving for a new trial or to set aside judgment.
For services performed in proceedings to perpetuate testimony, two dollars.
For certificates for dismissal of appeal, when prepared by the clerk, five dollars, and when prepared and furnished by the attorney, two dollars and fifty cents.
For filing remittitur from the supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio.
For issuing execution or order of sale, one dollar, and for return on same, 50 cents.
For filing any papers in any cause after judgment, not otherwise provided for, fifty cents.
For issuing transcript of judgment and certifying thereto, two dollars and fifty cents.
For taking and certifying depositions, for each folio, twenty cents, besides four dollars per each days attendance.
For all services rendered in any proceeding had pursuant to section 9882.117, 1929 N.C.L. 1941 Supp., where the estate exceeds $400 in value, five dollars.
For services in probate proceedings wherein a summary administration shall be ordered, fifteen dollars.
For services in probate and guardianship proceedings: (a) in which the value of the estate exceeds three thousand dollars and does not exceed ten thousand dollars, twenty-five dollars; (b) in which the value of the estate exceeds ten thousand dollars, $40; the valuation herein mentioned to be ascertained from the inventory filed.
For filing an inventory and appraisement of an estate, $10.
For filing objections or cross-petitions to the appointment of an executor, administrator, or guardian, or objections to the settlement of accounts or any other proceedings in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.
κ1955 Statutes of Nevada, Page 51 (CHAPTER 37, SB 87)κ
of accounts or any other proceedings in an estate or guardianship matter, five dollars, to be paid by the moving or objecting party.
For any copy of any record, proceeding or paper on file in the office of the clerk relating to any civil action or proceeding theretofore tried or pending in said court, when such copy is made by him, per folio, twenty cents, and when such copy is not made by him, per folio, ten cents, and for each certificate thereto, fifty cents.
For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:
For issuing marriage licenses, $2, $1 to be retained by him, and $1 to be paid to the county recorder;
For filing, indexing and registering certificates of copartnership, two dollars and fifty cents.
For filing and indexing articles of incorporation, two dollars and fifty cents.
For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each, one dollar.
For all services not herein enumerated, such fees as are now or may hereafter be fixed by law; provided, that no fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.
Sec. 2. This act shall be effective upon passage and approval.
________
Senate Bill No. 69Senator Munk
CHAPTER 38
AN ACT authorizing the state engineer to enter into cooperative agreements with counties, cities or private or public organizations for weather modification or cloud seeding programs; authorizing state engineer to make contracts with private concerns, accept and spend contributions, form committees and make rules and regulations; providing penalties; repealing an act, and other matters properly relating thereto.
[Approved March 3, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Cooperative Agreements. The state engineer, for and on behalf of the State of Nevada, with the approval of the governor, is authorized to enter into cooperative agreements with the various counties and cities of this state or with any private or public agencies for the conducting of weather modification or cloud seeding operations.
Sec. 2. Powers of State Engineer. For the purposes of carrying out the provisions of this act, the state engineer is hereby authorized and empowered to:
1. Act for and represent the counties, cities, and private or public agencies in contracting with private concerns for the performance of the weather modification or cloud seeding operations pursuant to the cooperative agreements.
κ1955 Statutes of Nevada, Page 52 (CHAPTER 38, SB 69)κ
the weather modification or cloud seeding operations pursuant to the cooperative agreements.
2. Accept contributions from any source whatever and deposit them in a bank approved by the superintendent of state banking subject to the withdrawal by the state engineer or his duly authorized representatives for use in weather modification or cloud seeding operations.
3. Form a committee under each cooperative program for the purpose of carrying out the cooperative agreement. The committee shall be composed of one representative from each body politic or private or public agency, and the state engineer or his duly authorized representative shall act as its chairman.
4. Adopt and promulgate reasonable rules and regulations for the purpose of furnishing data desired for record.
Sec. 3. Penalties. Any person, firm, association, company or corporation violating any of the rules and regulations promulgated by the state engineer under section 2 of this act shall be guilty of a misdemeanor.
Sec. 4. State Liability Negated. The provisions of this act shall not be construed as creating any liability or damages against the State of Nevada or against any of its officers, agents or employees.
Sec. 5. Repeal. An act entitled An Act to provide for notifying the state engineer of any attempt to produce snowfall or rainfall by artificial means, and providing a penalty for the violation hereof, approved March 18, 1953, being chapter 113, Statutes of Nevada 1953, at page 116, is hereby repealed.
Sec. 6. Effective Date. This act shall become effective upon passage and approval.
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Assembly Bill No. 157Mr. Leighton
CHAPTER 39
AN ACT to amend an act entitled An Act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 125, Statutes of Nevada 1907, at page 241, also designated as sections 1100 to 1212, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 27.1, which shall immediately follow section 27 and shall read as follows:
Section 27.1. Whenever there shall be presented to the city council a petition, signed by a number of the qualified city electors equal to 15 percent of the votes cast in the city at the next preceding general city election, praying that a proposed ordinance or ordinances, to be set out in full in such petition, be submitted to a vote of the electors of the city, the city council shall within 40 days after the filing of the petition vote upon its adoption, and if it fails of adoption such proposed ordinance or ordinances must be submitted to the vote of the electors of the city at the next general city election, unless the ordinance or ordinances shall have been adopted more than 30 days prior to such election.
κ1955 Statutes of Nevada, Page 53 (CHAPTER 39, AB 157)κ
set out in full in such petition, be submitted to a vote of the electors of the city, the city council shall within 40 days after the filing of the petition vote upon its adoption, and if it fails of adoption such proposed ordinance or ordinances must be submitted to the vote of the electors of the city at the next general city election, unless the ordinance or ordinances shall have been adopted more than 30 days prior to such election.
Sec. 2. The above-entitled act, being chapter 125, Statutes of Nevada 1907, at page 241, also designated as sections 1100 to 1212, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 27.2, which shall read as follows:
Section 27.2. Whenever there shall be presented to the city council a petition, signed by a number of the qualified city electors equal to 30 percent of the votes cast in the city at the next preceding general city election, praying that a proposed ordinance or ordinances, to be set out in full in such petition, be submitted to a vote of the electors of the city at a special election to be called for the purpose, the city council shall within 40 days after the filing of the petition vote upon its adoption, and if it fails of adoption such special election must be called within 90 days after such petition shall have been received by the city council, and such proposed ordinance or ordinances must be submitted to the vote of the city electors thereat, unless the city council shall, within 30 days after having received the petition, duly adopt such ordinance or ordinances.
Sec. 3. The above-entitled act, being chapter 125, Statutes of Nevada 1907, at page 241, also designated as sections 1100 to 1212, inclusive, N.C.L 1929, is hereby amended by adding thereto a new section to be designated as section 27.3, which shall read as follows:
Section 27.3. The city council may, at such general or special election, submit an alternative ordinance for the choice of the electors, and any number of proposed ordinances may be voted on at the same election. The style of all ordinances voted on at any general or special election shall be as follows: The People of the City of ............................. do ordain.
Sec. 4. The above-entitled act, being chapter 125, Statutes of Nevada 1907, at page 241, also designated as sections 1100 to 1212, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 27.4, which shall read as follows:
Section 27.4. The signatures to such petitions need not all be appended to one paper, but each signer must add to his name his place of residence, giving the street and number whenever practicable. One of the signers of each petition shall make oath before an officer competent to administer oaths, that the statements therein made are true and that each signature to the pages appended to the petition is the genuine signature of the person whose name it purports to be.
Sec. 5. The above-entitled act, being chapter 125, Statutes of Nevada 1907, at page 241, also designated as sections 1100 to 1212, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 27.5, which shall read as follows:
Section 27.5. The tickets used at such elections in voting on such proposed ordinances shall contain the words For the ordinance (stating in brief the nature thereof), and Against the ordinance (stating in brief the nature thereof).
κ1955 Statutes of Nevada, Page 54 (CHAPTER 39, AB 157)κ
proposed ordinances shall contain the words For the ordinance (stating in brief the nature thereof), and Against the ordinance (stating in brief the nature thereof). If such proposed ordinance or ordinances are voted on at the general city election, the words For the ordinance (stating in brief the nature thereof), and Against the ordinance (stating in brief the nature thereof) may appear on the ballot for the election of city officers.
Sec. 6. The above-entitled act, being chapter 125, Statutes of Nevada 1907, at page 241, also designated as sections 1100 to 1212, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 27.6, which shall read as follows:
Section 27.6. If a majority of the vote cast upon the question of such ordinance shall be in favor of the adoption thereof, the city council shall, within 20 days and at the first regular meeting after such election, proclaim such fact by publishing such proclamation attached to a copy of such ordinance in a newspaper of general circulation in the city, one time, and thereupon such ordinance shall go into effect and have the same force as an ordinance duly passed by the city council and approved by the mayor and the same shall not be repealed by the city council. But the same may be repealed or amended only at any general or special election, in the manner of its adoption. Such amendment or repeal may be proposed by the city council.
Sec. 7. This act shall become effective upon passage and approval.
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Assembly Bill No. 139Committee on Roads and Transportation
CHAPTER 40
AN ACT to amend an act entitled An Act relating to the licensing of persons operating motor vehicles upon highways and to make uniform the law relating thereto, providing for a board of examiners therefor, defining the duty of certain officers and other persons in relation thereto, and other matters properly relating thereto, approved March 31, 1941.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 23 of the above-entitled act, being sections 4442 to 4442.51, 1929 N.C.L. 1941 Supp., as added by chapter 164, Statutes of Nevada 1953, at page 193, is hereby amended to read as follows:
Section 23. Every operators license shall expire on the second anniversary of the date of birth of the applicant occurring after the 30th day of June next following the date of its issuance; provided:
(a) The present operators licenses of all persons whose birthdays fall between January 1 and June 30, 1953, shall be valid until June 30, 1953.
(b) The present operators licenses of all persons whose birthdays fall between June 30 and December 31, 1953, shall be valid until their birthdays. Any applicant whose date of birth was on February 29 in a leap year shall, for the purposes of this act, be considered to have the anniversary of his birth fall on February 28.
κ1955 Statutes of Nevada, Page 55 (CHAPTER 40, AB 139)κ
leap year shall, for the purposes of this act, be considered to have the anniversary of his birth fall on February 28.
Every such license shall be renewable on or during a 30-day period before its expiration upon application and payment of the required fee, and shall be renewed without examination unless the administrator has reason to believe that the licensee is no longer qualified to receive a license. The department may require that all persons whose licenses have expired must take the regular examinations as set forth in section 17 (a) of this act.
Every chauffeurs license shall expire July 1 of each year and shall be renewable on or during a 30-day period before its expiration date upon application and payment of the required fee. The department may in its discretion waive examination upon renewal of a chauffeurs license.
Operators or chauffeurs licenses or renewal licenses for the operation of motor vehicles within the State of Nevada, held by any person who is in the military services of the United States during time of war or national emergency shall be extended by the department to the termination of such service.
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Assembly Bill No. 124Mr. Hanson
CHAPTER 41
AN ACT to amend an act entitled 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.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 202, Statutes of Nevada 1953, at page 236, is hereby amended to read as follows:
Section 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.
κ1955 Statutes of Nevada, Page 56 (CHAPTER 41, AB 124)κ
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.
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 coning.
(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.
κ1955 Statutes of Nevada, Page 57 (CHAPTER 41, AB 124)κ
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. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 122Mr. Hanson
CHAPTER 42
AN ACT authorizing and directing the governor of the State of Nevada to execute in behalf of the State of Nevada the interstate compact to conserve oil and gas, dated February 16, 1935.
[Approved March 4, 1955]
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 is hereby authorized and directed for and in the name of the State of Nevada to join with the other states in the interstate compact to conserve oil and gas, which was heretofore executed in the city of Dallas, Texas, on February 16, 1935, and is now on deposit with the Department of State of the United States, and has been extended to September 1, 1955, all with the consent of the Congress of the United States.
Sec. 2. The interstate compact to conserve oil and gas referred to in the above title is as follows:
AN INTERSTATE COMPACT TO CONSERVE OIL AND GAS
ARTICLE I
This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the states of Texas, Oklahoma, California, Kansas and New Mexico have ratified and Congress has given its consent. Any oil producing state may become a party hereto as hereinafter provided.
ARTICLE II
The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause.
κ1955 Statutes of Nevada, Page 58 (CHAPTER 42, AB 122)κ
ARTICLE III
Each state bound hereby agrees that within a reasonable time it will enact laws, or if laws have been enacted, then it agrees to continue the same in force, to accomplish within reasonable limits the prevention of:
(a) The operation of any oil well with an inefficient gas-oil ratio.
(b) The drowning with water of any stratum capable of producing oil or gas, or both oil and gas in paying quantities.
(c) The avoidable escape into the open air or the wasteful burning of gas from a natural gas well.
(d) The creation of unnecessary fire hazards.
(e) The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof.
(f) The inefficient, excessive or improper use of the reservoir energy in producing any well.
The enumeration of the foregoing subjects shall not limit the scope of the authority of any state.
ARTICLE IV
Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted, then it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas.
ARTICLE V
It is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations.
ARTICLE VI
Each state joining herein shall appoint one representative to a commission hereby constituted and designated as the interstate oil compact commission, the duty of which said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about conservation and the prevention of physical waste of oil and gas, and at such intervals as said commission deems beneficial it shall report its finding and recommendations to the several states for adoption or rejection.
The commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures for the maximum ultimate recovery of oil and gas. Said commission shall organize and adopt suitable rules and regulations for the conduct of its business.
No action shall be taken by the commission except: (1) By the affirmative votes of the majority of the whole number of the compacting states, represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting states at said meeting, such interest to be determined as follows: Such vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period.
κ1955 Statutes of Nevada, Page 59 (CHAPTER 42, AB 122)κ
affirmative votes of the majority of the whole number of the compacting states, represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting states at said meeting, such interest to be determined as follows: Such vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period.
ARTICLE VII
No state by joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject such state to financial responsibility to the other states joining herein.
ARTICLE VIII
This compact shall expire September 1, 1937. *But any state joining herein may, upon sixty (60) days notice, withdraw herefrom.
*Note-The states have successively extended the compact with congressional sanction.
The representatives of the signatory states have signed this agreement in a single original, which shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the governor of each of the signatory states.
This compact shall become effective when ratified and approved as provided in Article I. Any oil producing state may become a party hereto by affixing its signature to a counterpart to be similarly deposited, certified and ratified.
Done in the city of Dallas, Texas, this sixteenth day of February, 1935.
Sec. 3. The governor of the State of Nevada is further authorized and empowered, for and in the name of the State of Nevada, to execute agreements for the further extension of the expiration date of the interstate compact to conserve oil and gas, and to determine if and when it shall be to the best interest of the State of Nevada to withdraw from the compact following a notice of 60 days as provided by its terms.
In event of withdrawal, the governor of the state or any succeeding governor may thereafter in his discretion effect the reentry of the state into the compact as herein provided.
Sec. 4. The governor shall be the official representative of the State of Nevada on the interstate oil compact commission provided for in the interstate compact to conserve oil and gas and shall exercise and perform for the State of Nevada all of the powers and duties as a member of the interstate oil compact commission; but he shall have the authority to appoint an assistant representative who shall act in his stead as the official representative of the State of Nevada as a member of the commission. His official representative, if not already a state official, shall take the oath of office prescribed by the constitution and file the same with the secretary of state.
Sec. 5. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 60κ
Senate Bill No. 37Senator Whitacre
CHAPTER 43
AN ACT to amend an act entitled An Act creating coroner districts, making the justices of the peace ex officio coroners, prescribing their duties and compensation, and repealing all acts and parts of acts in conflict with the provisions of this act, approved March 16, 1909.
[Approved March 4, 1955]
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 11442, N.C.L. 1929, is hereby amended to read as follows:
Section 18. The coroner, created by section two of this act, shall have authority to perform all the duties of coroners within the township where they as justices of the peace reside. In townships where there is no qualified justice of the peace, or the office of justice of the peace is vacant or he is absent or unable to attend, the justice of the peace residing nearest to the place where the services of a coroner are required, irrespective of the county or township division, may perform the duties of coroner and shall have the same authority in that township as in the township where he resides. The county where the services of the coroner are performed shall pay the travel and per diem expenses as provided by law for the payment of county officers.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 25Mr. Vaughan
CHAPTER 44
AN ACT concerning reciprocal enforcement of support and making uniform the law with reference thereto; defining certain words and terms; prescribing procedure for surrender of a person charged with failure to provide and providing for the enforcement of support by civil action; imposing duties upon certain officers; and other matters properly relating thereto.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
GENERAL PROVISIONS
Section 1. Short Title. This act is known and may be cited as the Uniform Reciprocal Enforcement of Support Act.
Sec. 2. Construction. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Sec. 3. Purpose of Act. The purposes of this act are to improve and extend by reciprocal legislation the enforcement of duties of support and to make uniform the law with respect thereto.
Sec. 4. Definitions. As used in this act unless the context requires otherwise:
κ1955 Statutes of Nevada, Page 61 (CHAPTER 44, AB 25)κ
1. Court means the district court and, when the context requires, means the court of any other state as defined in a substantially similar reciprocal law.
2. Duty of support includes any duty of support imposed or imposable by law, or by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, judicial separation, separate maintenance or otherwise.
3. Initiating state means any state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced.
4. Law includes both common and statute law.
5. Obligee means any person to whom a duty of support is owed.
6. Obligor means any person owning a duty of support.
7. Prosecuting official means the district attorney charged with the prosecution of criminal offenses in the county in which the obligor is alleged to be present.
8. Responding state means any state in which any proceeding pursuant to the proceeding in the initiating state is or may be commenced.
9. State includes any state, territory or possession of the United States and the District of Columbia in which this or a substantially similar reciprocal law has been enacted.
Sec. 5. Remedies To Be in Addition to Other Remedies. The remedies provided in this act are in addition to and not in substitution for any other remedies.
Sec. 6. Obligor Bound by Duty of Support Regardless of Presence or Residence. Duties of support arising under the law of this state, when applicable under section 9, bind the obligor, present in this state, regardless of the presence or residence of the obligee.
CRIMINAL ENFORCEMENT
Sec. 7. Surrender of Person Charged With Failure to Provide: Application of Extradition Provisions; Showing Not Required.
1. The governor of this state may:
(a) Demand from the governor of any other state the surrender of any person found in such other state who is charged in this state with the crime of failing to provide for the support of any person in this state; and
(b) Surrender on demand by the governor of any other state any person found in this state who is charged in such other state with the crime of failing to provide for the support of a person in such other state.
2. The provisions for extradition of criminals not inconsistent herewith shall apply to any such demand although the person whose surrender is demanded was not in the demanding state at the time of the commission of the crime and although he had not fled therefrom. Neither the demand, the oath nor any proceedings for the extradition pursuant to this section need state or show that the person whose surrender is demanded has fled from justice, or at the time of the commission of the crime was in the demanding or other state.
Sec. 8. Submission to Jurisdiction of Another State. Any obligor contemplated by section 7, who submits to the jurisdiction of the court of such other state and complies with the courts order of support, shall be relieved of extradition for desertion or nonsupport entered in the courts of this state during the period of such compliance.
κ1955 Statutes of Nevada, Page 62 (CHAPTER 44, AB 25)κ
contemplated by section 7, who submits to the jurisdiction of the court of such other state and complies with the courts order of support, shall be relieved of extradition for desertion or nonsupport entered in the courts of this state during the period of such compliance.
CIVIL ENFORCEMENT
Sec. 9. Duties of Support Enforceable. Duties of support enforceable under this act are those imposed or imposable under the laws of any state where the alleged obligor was present during the period for which support is sought or where the obligee was present when the failure to support commenced, at the election of the obligee.
Sec. 10. Right of State Political Subdivision Furnishing Support to Secure Reimbursement. Whenever the state or a political subdivision thereof furnishes support to an obligee, it has the same right to invoke the provisions hereof as the obligee to whom the support was furnished for the purpose of securing reimbursement of expenditures so made and of obtaining continuing support.
Sec. 11. Duties of Support Enforceable by Action: Jurisdiction. All duties of support are enforceable by action irrespective of relationship between the obligor and obligee. Jurisdiction of all proceedings hereunder shall be vested in the district court.
Sec. 12. Verification and Contents of Complaint. The complaint shall be verified and shall state the name and, so far as known to the plaintiff, the address and circumstances of the defendant and his dependents for whom support is sought and all other pertinent information. The plaintiff may include in or attach to the complaint any information which may help in locating or identifying the defendant including, but without limitation by enumeration, a photograph of the defendant, a description of any distinguishing marks of his person, other names and aliases by which he has been or is known, the name of his employer, his fingerprints, or social security number.
Sec. 13. Representation of Plaintiff by Prosecuting Official. The prosecuting official may, upon the request of the court, represent the plaintiff in any proceeding under this act.
Sec. 14. Who May Bring Complaint on Behalf of Minor Obligee. A complaint on behalf of a minor obligee may be brought by a person having legal custody of the minor without appointment as guardian ad litem.
Sec. 15. Certification of Court of Initiating State: Transmission of Copies of Complaint, Certificate and Act. If the court of this state acting as an initiating state finds that the complaint sets forth facts from which it may be determined that the defendant owes a duty of support and that a court of the responding state may obtain jurisdiction of the defendant or his property, it shall so certify and shall cause three copies of:
1. The complaint;
2. Its certificate; and
3. This act,
to be transmitted to the court in the responding state. If the name and address of such court are unknown and the responding state has an information agency comparable to that established in the initiating state, it shall cause such copies to be transmitted to the state information agency or other proper official of the responding state, with a request that it forward them to the proper court, and that the court of the responding state acknowledge their receipt to the court of the initiating state.
κ1955 Statutes of Nevada, Page 63 (CHAPTER 44, AB 25)κ
an information agency comparable to that established in the initiating state, it shall cause such copies to be transmitted to the state information agency or other proper official of the responding state, with a request that it forward them to the proper court, and that the court of the responding state acknowledge their receipt to the court of the initiating state.
Sec. 16. Waiver of Fees and Costs. A Court of this state acting either as an initiating or responding state may, in its discretion, direct that any part of or all fees and costs incurred in this state shall be waived, including, without limitation by enumeration, fees for filing, service of process, seizure of property, and stenographic service of both plaintiff and defendant, or either. Where the action is brought by or through the state or an agency thereof, there shall be no filing fee or reporters fee.
Sec. 17. Detention of Defendant Suspected of Fleeing. When the court of this state, acting either as an initiating or responding state, has reason to believe that the defendant may flee the jurisdiction it may:
1. As an initiating state request in its certificate that the court of the responding state obtain the body of the defendant by appropriate process if that be permissible under the law of the responding state; or
2. As a responding state, obtain the body of the defendant by appropriate process.
Sec. 18. State Information Agency: Designation; Duties. The attorney general is hereby designated as the state information agency under this act, and he shall:
1. Compile a list of the courts and their addresses in this state having jurisdiction under this act and transmit the same to the state information agency of every other state which has adopted this or a substantially similar law.
2. Maintain a register of such lists received from other states and transmit copies thereof as soon as possible after receipt to every court in this state having jurisdiction under this act.
Sec. 19. Proceedings Upon Receipt of Copies of Complaint, Certificate and Act. When the court of this state, acting as a responding state, receives from the court of an initiating state the aforesaid copies, it shall:
1. Docket the cause.
2. Notify the prosecuting official.
3. Set a time and place for a hearing.
4. Take such action as is necessary in accordance with the laws of this state to obtain jurisdiction.
Sec. 20. Proceedings Where Jurisdiction not Acquired Due to Irregularities. If a court of this state, acting as a responding state, is unable to obtain jurisdiction of the defendant or his property due to inaccuracies or inadequacies in the complaint or otherwise, the court shall communicate this fact to the court in the initiating state, shall on its own initiative use all means at its disposal to trace the defendant or his property, and shall hold the case pending the receipt of more accurate information or an amended complaint from the court in the initiating state.
κ1955 Statutes of Nevada, Page 64 (CHAPTER 44, AB 25)κ
accurate information or an amended complaint from the court in the initiating state.
Sec. 21. Manner of Conducting Proceedings. The court shall conduct proceedings under this act in the manner prescribed by law for an action for the enforcement of the type of duty of support claimed.
Sec. 22. Order to Furnish Support of Reimbursement. If the court of the responding state finds a duty of support, it may order the defendant to furnish support or reimbursement therefor and subject the property of the defendant to such order.
Sec. 23. Court Acting as Responding State; Transmission of Copies of Orders of Support or for Reimbursement to Initiating State. The court of this state when acting as a responding state shall cause to be transmitted to the court of the initiating state a copy of all orders of support or for reimbursement therefor.
Sec. 24. Subjection of Defendant by Court to Terms and Conditions. In addition to the foregoing powers, the court of this state, when acting as responding state, has the power to subject the defendant to such terms and conditions as the court may deem proper to assure compliance with its order and in particular:
1. To require the defendant to furnish recognizance in the form of a cash deposit or bond of such character and in such amount as the court may deem proper to assure payment of any amount required to be paid by the defendant.
2. To require the defendant to make payments at specified intervals to the clerk of the court or the obligee and to report personally to the clerk of the court at such times as may be deemed necessary.
3. To punish the defendant who shall violate any order of the court to the same extent as is provided by law for contempt of court in any other suit or proceeding cognizable by the court.
Sec. 25. Additional Duties of the Court of This State When Acting as a Responding State. The court of this state when acting as a responding state shall have the following duties which may be carried out through the clerk of the court:
1. Upon the receipt of a payment made by the defendant pursuant to any order of the court or otherwise, to transmit the same forthwith to the court of the initiating state; and
2. Upon request to furnish to the court of their initiating state a certified statement of all payments made by the defendant.
Sec. 26. Receipt and Disbursement of Payments by Court of Initiating State. The court of this state when acting as an initiating state shall have the duty, which may be carried out through the clerk of the court, to receive and disburse forthwith all payment made by the defendant or transmitted by the court of the responding state.
Sec. 27. Privilege Against Disclosure of Communications Between Husband and Wife not Applicable to Proceedings. Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable to proceedings under this act. Husband and wife are competent witnesses and may be compelled to testify to any relevant matter, including marriage and parentage.
Sec. 28. Order of Support not to Supersede Previous Support Orders in Other Actions.
κ1955 Statutes of Nevada, Page 65 (CHAPTER 44, AB 25)κ
Orders in Other Actions. Any order of support issued by a court of this state when acting as a responding state shall not supersede any previous order of support issued in a divorce or separate maintenance action, but the amounts for a particular period paid pursuant to either order shall be credited against amounts accruing or accrued for the same period under both.
Sec. 29. Participation in Proceedings Under Act not to Confer Court Jurisdiction in Other Proceedings. Participation in any proceedings under this act shall not confer upon any court jurisdiction of any of the parties thereto in any other proceedings.
Sec. 30. Severability. If any provision hereof or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 31. Effective Date. This act shall become effective upon passage and approval.
________
Assembly Bill No. 114Mr. Barnum
CHAPTER 45
AN ACT to amend an act entitled An Act relating to the licensing of persons operating motor vehicles upon highways and to make uniform the law relating thereto, providing for a board of examiners therefor, defining the duty of certain officers and other persons in relation thereto, and other matters properly relating thereto, approved March 31, 1941.
[Approved March 4, 1955]
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 4442.19, 1929 N.C.L. 1941 Supp., as amended by chapter 164, Statutes of Nevada 1953, at page 193, is hereby amended to read as follows:
Section 20. Every licensee shall have his operators or chauffeurs license in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a justice of the peace, a peace officer, or a deputy of the department. However, no person charged with violating this section shall be convicted if he produces in court or the office of the arresting officer an operators or chauffeurs license theretofore issued to him and valid at the time of his arrest.
It shall be unlawful for any person to operate a motor vehicle upon a public street or highway in this state without being the holder of a valid operators or chauffeurs license. Any person convicted of violating the provisions of this paragraph shall be guilty of a misdemeanor and shall be fined in a sum to be fixed by the court not to exceed $100 and before any justice of the peace or magistrate shall impose sentence he shall require the person convicted to obtain a valid operators license or chauffeurs license or produce a notice of disqualification from the department.
κ1955 Statutes of Nevada, Page 66 (CHAPTER 45, AB 114)κ
operators license or chauffeurs license or produce a notice of disqualification from the department.
Whenever the public service commission of Nevada has suspended or revoked the license of any operator or chauffeur, it shall be unlawful for such operator or chauffeur to operate a vehicle on the public streets and highways of this state during the period of suspension or revocation. Any person convicted of violating the provisions of this paragraph shall be guilty of a misdemeanor and shall be fined in a sum 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.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 129Committee on Livestock
CHAPTER 46
AN ACT to amend an act entitled An Act authorizing the attorney general of the State of Nevada, with the consent of the governor of Nevada, to commence and maintain certain actions in the supreme court of the United States, or in any court having jurisdiction thereof, approved March 15, 1915.
[Approved March 4, 1955]
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 7333, N.C.L. 1929, is hereby amended to read as follows:
Section 1. The attorney general of the State of Nevada, with the consent of the governor, is hereby authorized to commence and maintain, or defend, in the supreme court of the United States, or in any court having jurisdiction of the action, in the name of the State of Nevada, or otherwise, such proceedings at law or in equity as in his judgment may be necessary or expedient for the purpose of establishing and determining the rights of the State of Nevada, or the residents thereof, in and to the waters of all interstate streams located partly in the State of Nevada, where such waters, or part thereof, are claimed by any other state or the citizens thereof.
The attorney general of the State of Nevada, with the consent of the governor, is hereby further authorized to commence and maintain, or defend, in the supreme court of the United States, or in any court having jurisdiction of the action, in the name of the State of Nevada, or otherwise, such proceedings at law or in equity as in his judgment may be necessary or expedient for the purpose of establishing and determining the rights of the State of Nevada, or the residents thereof, in and to the public lands, and to the waters therein and thereunder, located in the State of Nevada.
Sec. 2. Section 2 of the above-entitled act, being section 7334, N.C.L. 1929, is hereby amended to read as follows:
Section 2. The attorney general of the State of Nevada, in the name of the state, is likewise authorized to intervene in any action or proceeding at law or in equity, which may now or hereafter be pending, when it is necessary or incident for the purpose of establishing and determining the rights of the State of Nevada or the residents thereof in and to the waters of all interstate streams located partly in Nevada, where such waters or a part thereof are claimed by any other state or the citizens thereof.
κ1955 Statutes of Nevada, Page 67 (CHAPTER 46, SB 129)κ
name of the state, is likewise authorized to intervene in any action or proceeding at law or in equity, which may now or hereafter be pending, when it is necessary or incident for the purpose of establishing and determining the rights of the State of Nevada or the residents thereof in and to the waters of all interstate streams located partly in Nevada, where such waters or a part thereof are claimed by any other state or the citizens thereof.
The attorney general of the State of Nevada, in the name of the state, is further authorized to intervene in any action or proceeding at law or in equity, which may now or hereafter be pending, when it is necessary or incident for the purpose of establishing and determining the rights of the State of Nevada or the residents thereof in and to the public lands, and to the waters therein and thereunder, located in the State of Nevada; provided, however, that the attorney general shall not obligate the state in any intervention for any costs or expenses.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 50Senators Whitacre, Brown, Seevers and Munk
CHAPTER 47
AN ACT making uniform the law on interstate fresh pursuit of criminals; authorizing this state to cooperate with other states therein; providing for arrest and hearing before a magistrate; defining certain terms; prescribing certain duties of the secretary of state, and other matters properly relating thereto.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Short Title. This act may be cited as the Uniform Act on Interstate Fresh Pursuit.
Sec. 2. Definitions. As used in this act, unless the context or subject matter otherwise requires:
1. Fresh pursuit includes fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
2. State includes the District of Columbia for the purpose of this act.
Sec. 3. Arrests Within This State by Foreign Officers; Hearing Before Magistrate.
1. Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in the other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
κ1955 Statutes of Nevada, Page 68 (CHAPTER 47, SB 50)κ
committed a felony in the other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state.
2. It shall be the duty of the officer of another state making an arrest within this state to take the person arrested before a magistrate of the county in which the arrest was made, without unnecessary delay. The magistrate shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit him to bail for such purpose. If the magistrate determines the arrest was unlawful he shall discharge the person arrested.
3. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
Sec. 4. Duty of Secretary of State. Upon passage and approval of this act, it shall be the duty of the secretary of state to certify a copy of this act to the executive department of each of the states of the United States.
Sec. 5. Severability. If any part of this act is for any reason declared void, it is declared to be the intent of this act that such invalidity shall not affect the validity of the remaining portions of this act.
Sec. 6. Effectiveness. This act shall become effective upon passage and approval.
________
Senate Bill No. 47Senators Whitacre, Brown, Seevers and Munk
CHAPTER 48
AN ACT to amend an act entitled An Act concerning the administration and organization of the legislative counsel bureau, repealing an act in conflict herewith, and other matters relating thereto, approved March 18, 1953.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 134, Statutes of Nevada 1953, at page 146, is hereby amended to read as follows:
Section 2. There is hereby created in the legislative counsel bureau a legislative commission consisting of eight members. At each regular session of the Nevada legislature held in odd-numbered years, the senate shall designate by resolution four senators as regular members of the legislative commission, and the assembly shall designate by resolution four assemblymen as regular members of the legislative commission. Of the aforesaid membership, there shall be two senators and two assemblymen from each party in the houses. In addition, the senate shall designate by resolution two senators, one from each party, as alternate members, and the assembly shall designate by resolution two assemblymen, one from each party, as alternate members.
κ1955 Statutes of Nevada, Page 69 (CHAPTER 48, SB 47)κ
alternate members, and the assembly shall designate by resolution two assemblymen, one from each party, as alternate members. A vacancy in the regular membership created by death or resignation shall be filled by the proper alternate member of the same party in the same house. The members shall serve until their successors are appointed as provided herein.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 160Messrs. Mount and Hendel
CHAPTER 49
AN ACT regulating the fees of the county clerk of Mineral County, State of Nevada, and repealing all other acts and parts of acts in conflict therewith.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county clerk of Mineral County shall charge and collect the following fees:
1. On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal from a justices court thereto, to be paid by the party commencing such action or proceeding, or taking such appeal, $12. In cases wherein an injunction, attachment or receiver is asked for, an additional fee of $2.50 shall be charged and collected.
The above fees shall be in addition to the $3 court fee and $10 state civil fee as provided by law.
2. On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, $10.
For every additional defendant, appearing separately, $5.
3. On the filing of any cross-complaint, counterclaim or paper of intervention, $10.
4. On the filing of a petition for letters testamentary or of administration or guardianship to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
(a) Where the stated value of the estate is more than $400 and less than $3,000, $15.
(b) Where the stated value of the estate is in excess of $3,000, $20.
(c) Where the stated value of the estate is less than $400 no fee shall be charged.
5. On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than that specified in subsection 6 of this section, $5.
6. On filing a petition to contest any will or codicil, to be paid by the petitioner, $10.
κ1955 Statutes of Nevada, Page 70 (CHAPTER 49, AB 160)κ
7. On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services to be rendered in connection with the motion, $2.50.
8. For issuing an execution or order of sale in any action, $1.
9. For filing a notice of appeal and appeal bonds, each, $1.
10. For service connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage, $2.50.
11. For any copy of any record, proceeding or paper on file in the office of the clerk, when the copy is typed by him, per folio, 30 cents.
When the copy is not made by him, but presented for comparison with the original on file in the office, per folio, 5 cents.
12. For each certificate of the clerk, under the seal of the court, $1.
13. For filing remittur from the supreme court, $1.
For recording judgment entered thereon, per folio, 30 cents.
14. For issuing transcript of judgment and certifying thereto, $1.
15. For filing and docketing abstract of judgment of a justices court, $1.
For issuing execution thereon, 50 cents.
16. For clerks certificate of certified copy in addition to the fees stated in subsection 11, $1.
17. For filing and indexing articles of incorporation or partnership agreements, $2.50.
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement, $1.
18. For filing and recording a bond of a notary public, $1.
19. For administering each oath, without a certificate, except in a pending action or proceeding, 50 cents.
20. For taking any affidavit, except in criminal cases, 50 cents.
21. For searching records of files in the office of the clerk, for each year, 50 cents.
No fee shall be charged any attorney and counselor at law duly admitted to practice in the State of Nevada for searching records of files in the office of the clerk.
22. For taking acknowledgment, $1.
23. For filing a petition for a change of name, or for a writ of any kind except habeas corpus, and for all services in connection therewith, $7.50. No charge shall be made or fee collected for a writ of habeas corpus.
24. For filing and docketing an abstract of judgment of a district court of another county, and for issuing execution thereon, $2.
Sec. 2. The county clerk shall neither charge nor collect any fees for services rendered in any criminal case, or for services rendered by him to the State of Nevada or the county of Mineral in any case wherein the state or county is a plaintiff or defendant.
Sec. 3. All fees prescribed in this act shall be payable in advance.
Sec. 4. Section 2 of chapter 94, Statutes of Nevada 1919, at page 165, entitled An Act to regulate fees and compensation for county and township officers for official and other services in the county of Mineral, State of Nevada, and to repeal an act entitled An Act to regulate fees and compensation for official and other services in the county of Mineral, State of Nevada, approved March 15, 1915, and all other acts or parts of acts in conflict herewith, approved March 26, 1919, as last amended by chapter 32, Statutes of Nevada 1939, at page 26, is hereby expressly repealed, and all other acts and parts of acts in conflict herewith are hereby repealed.
κ1955 Statutes of Nevada, Page 71 (CHAPTER 49, AB 160)κ
Mineral, State of Nevada, and to repeal an act entitled An Act to regulate fees and compensation for official and other services in the county of Mineral, State of Nevada, approved March 15, 1915, and all other acts or parts of acts in conflict herewith, approved March 26, 1919, as last amended by chapter 32, Statutes of Nevada 1939, at page 26, is hereby expressly repealed, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 103Mr. Pozzi
CHAPTER 50
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; 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, approved March 27, 1947.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 66 of the above-entitled act, being chapter 168, Statutes of Nevada 1947, at page 592, is hereby amended to read as follows:
Section 66. Compensation payable under this act, whether determined or due, or not, shall not, prior to the issuance and delivery of the warrant thereof, be assignable, shall be exempt from attachment, garnishment, and execution, and shall not pass to any other person by operation of law; provided:
1. That in any case of the death of an injured employee covered by this act from causes independent from the injury for which compensation is payable, any compensation due such employee which was awarded or accrued but for which the warrant or warrants were not issued or delivered at the date of death of such employee, shall be payable to his dependents as defined in section 59(a) of this act.
2. That the payments to the consul general, consul, vice consul general, or vice consul, of the nation of which any dependent of a deceased employee is a resident or subject, or a representative of such consul general, consul, vice consul general, or vice consul, of any compensation due under this act to any dependent residing outside of the United States any power of attorney to receive or receipt for the same to the contrary notwithstanding, shall be as full a discharge of the benefits or compensation payable under this act as if payments were made directly to the beneficiary.
κ1955 Statutes of Nevada, Page 72 (CHAPTER 50, AB 103)κ
the benefits or compensation payable under this act as if payments were made directly to the beneficiary.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 79Committee on Fish and Game
CHAPTER 51
AN ACT to amend an act entitled An Act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 16 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, as amended by chapter 146, Statutes of Nevada 1949, at page 296, is hereby repealed.
Sec. 2. Section 36 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, at page 362, is hereby repealed.
Sec. 3. Section 48 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, at page 365, is hereby repealed.
Sec. 4. Section 64 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, at page 370, is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 73κ
Assembly Bill No. 78Committee on Fish and Game
CHAPTER 52
AN ACT to amend an act entitled An Act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming, and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 101, Statutes of Nevada 1947, at page 349, is hereby amended by adding thereto a new section to be designated as section 8.5, which shall immediately follow section 8 and shall read as follows:
Section 8.5. After information has been filed with the state board of fish and game commissioners by the owner or tenant of any land or property that such land or property is being damaged or destroyed, or is in danger of being damaged or destroyed, by game animals, game birds or fur-bearing animals, the state board of fish and game commissioners may, after thorough investigation and pursuant to such regulations as it may promulgate, cause such action to be taken as it may deem necessary, desirable and practical to prevent or alleviate such damage or threatened damage to such land or property.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 74κ
Assembly Bill No. 77Committee on Fish and Game
CHAPTER 53
AN ACT to amend an act entitled An Act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 101, Statutes of Nevada 1947, at page 349, is hereby amended by adding thereto a new section to be designated as section 6.5, which shall immediately follow section 6 and shall read as follows:
Section 6.5. Manner of Publication of Orders or Regulations. Whenever in this act the commission or a county board is required to make publication of any official order or regulation with regard to open or closed seasons, bag limits, hours or other regulatory matters, such publication shall be made by insertion of a legal notice in a newspaper of general circulation in the State of Nevada or in the locality to which the order or regulation applies. Such legal notice shall be published once in such newspaper and the order or regulation shall become effective as soon as such publication is accomplished, unless otherwise specified in the order or regulation.
Sec. 2. Section 10a of the above-entitled act, as added by chapter 309, Statutes of Nevada 1951, at page 494, is hereby amended to read as follows:
Section 10a. In addition to the other powers and duties conferred and imposed upon it, by this act, the commission shall have the following powers and duties:
(1) To compile the seasons for hunting, fishing, and trapping and the limits for hunting and fishing as set by the several county game management boards and to publish them as official regulations in the manner provided in this act and by printed form bearing the imprint of the state fish and game commission, after first examining such seasons and limits to determine that there exists a desirable degree of uniformity and a proper consideration of the biological balances necessary for good management, the populations existing, the available harvest, and the probable hunting and fishing pressure and making such changes as are necessary.
κ1955 Statutes of Nevada, Page 75 (CHAPTER 53, AB 77)κ
harvest, and the probable hunting and fishing pressure and making such changes as are necessary.
Sec. 3. Section 46 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, as amended by chapter 146, Statutes of Nevada 1949, at page 297, is hereby amended to read as follows:
Section 46. The state fish and game commission is hereby authorized to extend the closed season for fishing in any streams or parts of streams, lakes, or waters within this state, which are now or hereafter shall have been stocked with food fish by the state or its commission, when, in its opinion, such action is necessary for the protection of the fish in such streams and waters, to the end that the supply of fish for food may be permanently increased. Before any such action shall be effective, notice thereof shall be published by order of the commission in the manner provided in this act, which notice shall state the period over which the closed season is to extend, giving the names of the streams, parts of streams, lakes or waters affected; and copies of the order shall be posted in such locations as are deemed by the commissioners most likely to give public notice along the main stream or body of water or the particular tributary or tributaries affected. The cost of publication of the notice herein provided for shall be paid out of the county fish and game fund of the county affected.
Sec. 4. Section 60 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, at page 369, is hereby amended to read as follows:
Section 60. It shall be unlawful for any person to hunt any form of migratory or upland game birds within this state, except during the open season thereon. The commission shall annually proclaim by printed notice, published in the manner provided in this act, such seasons, bag limits, and other regulations for the hunting of upland game birds. The county game management boards of the respective counties may, nevertheless, shorten such season or designate certain days on which shooting shall be allowed in their respective counties.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 50Mrs. Denton
CHAPTER 54
AN ACT to amend an act entitled An Act concerning the Nevada state library, providing for the administration and organization of the Nevada state library, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 19, 1951.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 146, Statutes of Nevada 1951, at page 206, is hereby amended by adding thereto a new section, to be designated as section 8b, which shall immediately follow section 8a and shall read as follows:
κ1955 Statutes of Nevada, Page 76 (CHAPTER 54, AB 50)κ
new section, to be designated as section 8b, which shall immediately follow section 8a and shall read as follows:
Section 8b. The state librarian is authorized to collect and receive a charge from any person who shall request from the state library any photostatic copy, or photocopy print, of any paper of document. The amount of such charge shall be set by the state librarian but shall not exceed the cost of the photographic copying process of any given document.
________
Assembly Bill No. 55Messrs. Von Tobel and Leighton
CHAPTER 55
AN ACT to amend an act entitled An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 150, Statutes of Nevada 1947, at page 484, is hereby amended by adding thereto a new section to be designated as section 27.5, which shall immediately follow section 27 and shall read as follows:
Section 27.5. 1. All deposits accepted by every person, copartnership, corporation or association holding a brokers license under the provisions of this act and which deposits are retained by such broker pending consummation or termination of the transaction involved, shall be accounted for in the full amount thereof at the time of the consummation or termination.
2. Every salesman promptly on receipt by him of a deposit on any transaction in which he is engaged on behalf of his broker-employer shall pay over the deposit to the broker.
3. A broker shall not commingle the money or other property of his principal with his own.
4. Every broker who does not immediately place all funds entrusted to him by his principal or others in a mutual escrow depository or in the hands of principals shall immediately deposit such moneys of whatever kind or nature belonging to others in a separate custodial or trust fund account maintained by the broker with some bank or recognized depository until the transaction involved is consummated or terminated, at which time the broker shall account for the full amount received; but a broker in his discretion may pay to any seller or the sellers authorized agent the whole or any portion of such special deposit, but such broker shall, nevertheless, be held personally responsible and liable for such deposit at all times. Under no circumstances shall a broker permit any advance payment of funds belonging to others to be deposited in the brokers business or personal account or to be commingled with any funds he may have on deposit.
κ1955 Statutes of Nevada, Page 77 (CHAPTER 55, AB 55)κ
5. Every broker required to maintain such a separate custodial or trust fund account shall keep records of all funds deposited therein, which record shall clearly indicate the date and from whom he received money, date deposited, date of withdrawals and other pertinent information concerning the transaction, and shall clearly show for whose account the money is deposited and to whom the money belongs. All such records and funds shall be subject to inspection by the commission and its authorized representative. All such separate custodial or trust fund accounts shall designate the broker as trustee and all such accounts must provide for withdrawal of funds without previous notice.
________
Assembly Bill No. 57Messrs. Von Tobel and Leighton
CHAPTER 56
AN ACT to amend an act entitled An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 4, 1955]
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 chapter 150, Statutes of Nevada 1947, as amended by chapter 204, Statutes of Nevada 1949, at page 440, is hereby amended to read as follows:
Section 17. The commission shall issue to each licensee a license in such form and size as shall be prescribed by the commission. This license shall show the name and address of the licensee, and in case of real estate salesmans license, shall show the name of the real estate broker by whom he is employed. Each license shall have imprinted thereon the seal of the commission, and in addition to the foregoing shall contain such matter as shall be prescribed by the commission. The license of each real estate salesman shall be delivered or mailed to the real estate broker by whom such real estate salesman is employed, and shall be kept in the custody and control of such broker. Each real estate broker shall conspicuously display his license in his place of business.
The commission shall prepare and deliver to each licensee a pocket card, which card among other things shall contain an imprint of the seal of the commission and shall certify that the person whose name appears thereon is a licensed real estate broker or real estate salesman, as the case may be, and if it is a real estate salesmans card it shall also contain the name and address of his employer. The matter to be printed on such pocket card, except as above set forth, shall be prescribed by the commission.
Every person, copartnership, association, or corporation licensed as a real estate broker under the provisions of this act, shall be required to have and maintain a definite place of business within the state, which shall be a room or rooms used for the transaction of real estate business, or such business and any allied businesses, and which shall serve as his, their or its office for the transaction of business under the authority of the license, and where the license shall be prominently displayed.
κ1955 Statutes of Nevada, Page 78 (CHAPTER 56, AB 57)κ
which shall be a room or rooms used for the transaction of real estate business, or such business and any allied businesses, and which shall serve as his, their or its office for the transaction of business under the authority of the license, and where the license shall be prominently displayed. The place of business shall be specified in the application for license and designated in the license, and no license issued under the authority of this act shall authorize the licensee to transact business from any office other than that designated in the license. If the real estate broker maintains more than one place of business within the state, a duplicate license shall be issued to such broker for each branch office so maintained by him, in which the duplicate license shall be conspicuously displayed.
All real estate brokers shall also prominently display in their place or places of business the licenses of all real estate salesmen employed by them therein or in connection therewith. All licenses issued to real estate salesmen shall designate the employer of such salesmen by name.
Notice in writing shall be given to the commission within 30 days of any change of name, personnel or business location of any licensee hereunder or of a change of employment of any salesman licensee hereunder, and upon the surrender of the license certificate and pocket identification card previously issued and the payment of the fee required by law the commission shall issue a new license for the unexpired license term. Upon the transfer of employment of any salesman licensee hereunder, application accompanied by the fee required by law shall be made to the commission for the issuance of a new license to such salesman for the unexpired term. Such transfer shall only be into the employment of a duly licensed broker-employer wo shall certify to the honesty, truthfulness and good reputation of the transferee. Failure to give notice as herein required shall constitute cause for the revocation of any outstanding license.
When any real estate salesman shall be discharged or shall terminate his employment with the real estate broker by whom he is employed, such real estate broker shall immediately deliver or mail by registered mail to the commission such real estate salesmans license, together with a written statement of the circumstances surrounding any such discharge or termination of employment. The real estate broker shall, at the time of mailing such real estate salesmans license to the commission address a communication to the last-known residence address of such real estate salesman, which communication shall advise such real estate salesman that his license has been delivered or mailed to the commission. A copy of such communication to the real estate salesman shall accompany the license when delivered or mailed to the commission. It shall be unlawful for any real estate salesman to perform any of the acts contemplated by this act, either directly or indirectly, under authority of the license from and after the date of receipt of the license from the broker by the commission; provided, that another license shall not be issued to such real estate salesman until he shall return his former pocket card to the commission or shall satisfactorily account to it for the same; provided further, that no more than one license shall be issued to any real estate salesman for the same period of time.
If any real estate broker licensed hereunder as a member of a copartnership or association or as an officer of a corporation should discontinue his connections with such copartnership, association, or corporation, and thereafter desire to act as an individual real estate broker, or become associated with any other copartnership, association, or corporation, the broker shall be required to file an application and pay an original brokers fee for a new license as an individual broker or as a member of such new copartnership, or association, or as an officer of such new corporation.
κ1955 Statutes of Nevada, Page 79 (CHAPTER 56, AB 57)κ
copartnership or association or as an officer of a corporation should discontinue his connections with such copartnership, association, or corporation, and thereafter desire to act as an individual real estate broker, or become associated with any other copartnership, association, or corporation, the broker shall be required to file an application and pay an original brokers fee for a new license as an individual broker or as a member of such new copartnership, or association, or as an officer of such new corporation.
Sec. 2. Section 19 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, as amended by chapter 204, Statutes of Nevada 1949, at page 442, is hereby amended to read as follows:
Section 19. The following fees shall be charged by and paid to the commission on and after January 1, 1956:
1. For each real estate brokers examination, an examination fee of $25; for each original real estate brokers license, a fee of $40; and for each renewal real estate brokers license, a fee of $40 a year, or fraction thereof.
2. For each license as a real estate broker issued to a member of a copartnership, association, or officer of a corporation, other than the member of the copartnership, association, or officer of the corporation named in the license issued to such copartnership, association, or corporation, a fee of $40, and for each annual renewal thereof a fee of $40.
3. For each real estate salesmans examination, an examination fee of $15; for each original real estate salesmans license, a fee of $20; for each renewal real estate salesmans license, a fee of $20 a year, or fraction thereof.
4. For each branch office brokers license, $25 a year, or fraction thereof.
5. For each change of name or address, a fee of $3.
6. For each transfer of real estate salesmans license on change of employer, a fee of $3.
7. For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof, a fee of $5.
8. For each reinstatement of a real estate brokers or salesmans license, a fee of $3; provided, however, that if a licensee fails to give written notice to the commission within 30 days of change of name, address or broker-employer, the fee for such reinstatement shall be $10.
All licenses issued hereunder shall expire on December 31 of each year at midnight.
An original real estate brokers license referred to herein is a license issued to an applicant therefor who had no such real estate brokers license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
A renewal real estate brokers license referred to herein is a license issued to an applicant therefor who had a real estate brokers license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
An original real estate salesmans license referred to herein is a license issued to an applicant therefor who had no such real estate salesmans license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
κ1955 Statutes of Nevada, Page 80 (CHAPTER 56, AB 57)κ
license issued to an applicant therefor who had no such real estate salesmans license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
A renewal real estate salesmans license referred to herein is a license issued to an applicant therefor who had a real estate salesmans license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.
If a licensee fails to apply for a renewal of his license prior to the date of the expiration thereof, no license shall be issued to him except upon another original application, except that within 1 year of such expiration a renewal may be issued upon payment of a fee one and one-half times the amount otherwise required for renewal.
________
Assembly Bill No. 59Messrs. Von Tobel and Leighton
CHAPTER 57
AN ACT to amend an act entitled An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 15 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, at page 494, is hereby amended to read as follows:
Section 15. The commission shall issue licenses as real estate broker or real estate salesman to all applicants who shall duly qualify and who shall comply with all provisions of law and all requirements of this act.
If the commission, after an application in proper form has been filed with it, accompanied by the proper fee and the applicants certification of trustworthiness, competency and integrity, shall deny an application to the applicant, the commission shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.
Upon written request from such applicant, filed within 30 days after receipt of such notice by the applicant, the commission shall set the matter down for a hearing to be conducted within 30 days after receipt of the applicants request.
The hearing shall be at such time and place as the commission shall prescribe. At least 15 days prior to the date set for the hearing, the commission shall notify the applicant and other persons interested or protesting, and shall accompany such notification with an exact copy of any protest filed, together with copies of any and all communications, reports, affidavits or depositions in possession of the commission touching upon or relating to the matter in question. Such written notice of hearing may be served by delivery personally to the applicant, or by mailing the same by registered mail to the last-known business address of the applicant.
κ1955 Statutes of Nevada, Page 81 (CHAPTER 57, AB 59)κ
by mailing the same by registered mail to the last-known business address of the applicant. If the application is for a salesmans license, the commission shall also notify the prospective broker-employer by mailing such notice by registered mail to the brokers last-known business address.
At such hearing the applicant shall be entitled to examine, either in person or by counsel, any and all persons protesting against him, as well as all other witnesses whose testimony is relied upon to substantiate any protest or denial of the application. He shall be entitled to present such evidence, written and oral, as he may see fit and as may be pertinent to the inquiry.
The hearing may be held by the commission or a majority thereof, and a hearing shall be held, if the applicant so desires, within the county where the applicants principal place of business is situated.
At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon the payment to the commission of such fee as it shall prescribe by general rule or regulation, not exceeding 25 cents per folio.
The commission shall render a decision on any application within 60 days from the final hearing on such application and shall immediately notify the parties to the proceedings, in writing, of its ruling, order or decision.
Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and who has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States or a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.
________
Assembly Bill No. 188Messrs. Lambert and Hanson and Mrs. Denton
CHAPTER 58
AN ACT to amend an act entitled An Act to form agricultural districts, to provide for the organization of agricultural associations therein, and for the management and control of the same by the State, approved March 7, 1885.
[Approved March 4, 1955]
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 327, N.C.L. 1929, as last amended by chapter 101, Statutes of Nevada 1943, at page 132, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 82 (CHAPTER 58, AB 188)κ
Section 1. The counties of Ormsby, Douglas, and Storey shall constitute agricultural district No. 1; the county of Esmeralda shall constitute agricultural district No. 2; the county of Humboldt shall constitute agricultural district No. 3; the county of Elko shall constitute agricultural district No. 4; the county of Mineral shall constitute agricultural district No. 5; the counties of Eureka, Lander, Nye, Lincoln, and White Pine shall constitute agricultural district No. 6; the county of Churchill shall constitute agricultural district No. 7; the county of Clark shall constitute agricultural district No. 8; the county of Lyon shall constitute agricultural district No. 9; and the county of Washoe shall constitute agricultural district No. 10. Pershing County will constitute agricultural district No. 11.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 60Messrs. Von Tobel and Leighton
CHAPTER 59
AN ACT to amend an act entitled An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 150, Statutes of Nevada 1947, at page 484, is hereby amended by adding thereto a new section to be designated as section 20.5, which shall immediately follow section 20 and shall read as follows:
Section 20.5. In addition to the crimes described in paragraph 12 of section 20 of this act, the conviction of a licensee, in a court of competent jurisdiction in this or any other state, district or territory of the United States or of a foreign country, of any felony or crime involving moral turpitude, whether such conviction arises from a real estate transaction or not, shall in itself be sufficient ground for the suspension or revocation of a real estate brokers or real estate salesmans license.
________
κ1955 Statutes of Nevada, Page 83κ
Assembly Bill No. 163Mr. Dotson
CHAPTER 60
AN ACT to amend an act entitled An Act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 336 of the above-entitled act, being section 8834, N.C.L. 1929, is hereby amended to read as follows:
Section 336. Included in any judgment filed shall be a computation of any interest on the verdict or decision of the court, from the time it was rendered or made, and the costs, if the same have been taxed or ascertained. The clerk must insert a computation of the costs in the copies and docket of the judgment.
Sec. 2. Section 328 of the above-entitled act, being section 8826, N.C.L. 1929, is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 76Committee on Fish and Game
CHAPTER 61
AN ACT to repeal an act entitled An Act relating to the marketing and sale of fish by Indians under certain restrictions and providing penalties for the violation thereof, approved March 21, 1923.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 201, Statutes of Nevada 1923, also designated as sections 3150 and 3151, N.C.L. 1929, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 84κ
Assembly Bill No. 75Committee on Fish and Game
CHAPTER 62
AN ACT to amend the title of and to amend an act entitled An Act authorizing the state board of fish and game commissioners to negotiate with the fish and game commission of the State of Arizona concerning a reciprocal fishing license agreement between the State of Nevada and the State of Arizona, and applying to the waters of Lake Mead and the Colorado River where bordered by said states, approved March 2, 1949.
[Approved March 4, 1955]
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 23, Statutes of Nevada 1949, at page 29, is hereby amended to read as follows:
An Act authorizing the state board of fish and game commissioners to enter into reciprocal fishing license agreements with corresponding state or county officials of adjoining states pertaining to licensing for fishing residents of the State of Nevada and adjoining states upon waters forming the boundary between the State of Nevada and adjoining states.
Sec. 2. Section 1 of the above-entitled act, being chapter 23, Statutes of Nevada 1949, at page 29, is hereby amended to read as follows:
Section 1. The state board of fish and game commissioners is hereby authorized to enter into reciprocal fishing license agreements with corresponding state or county officials of adjoining states pertaining to licensing for fishing residents of the State of Nevada and adjoining states upon waters forming the boundary between the State of Nevada and adjoining states. Such agreements may include, but are not limited to, provisions by which each state shall honor the license of the other only when there is affixed to such license a stamp purchased from the other state, the charge for such stamp being set by mutual agreement of the states. Such agreements may further include, but are not limited to, provisions specifying the portions of boundary waters to which the agreement applies and providing penalties for violations of the regulations promulgated pursuant to the agreement. All regulations so made shall be established and published in the same manner as other fishing regulations.
It is the primary purpose of this act to provide a method whereby the fishing opportunities afforded by the Colorado River, Lake Mead, Lake Topaz and Lake Tahoe may be mutually enjoyed by the residents of Nevada and the residents of adjoining states, and it is not intended to cover the waters of rivers which transverse laterally the border of the State of Nevada.
This act shall not be construed to abrogate, alter or annul any interstate agreement or pact concerning reciprocal fishing licenses which was executed prior to the effectiveness of this act.
Sec. 3. Section 2 of the above-entitled act, being chapter 23, Statutes of Nevada 1949, at page 30, is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 85κ
Assembly Bill No. 74Committee on Fish and Game
CHAPTER 63
AN ACT to repeal an act entitled An Act relating to and providing for the regulation of fishing in Lake Mead and that portion of the Colorado River below Boulder Dam where it forms the boundary between the States of Arizona and Nevada; supplementing the general fish and game laws of the State of Nevada in that regard; authorizing a visitors special fishing license and a uniform open season and other uniform regulations for fishing in and upon the waters of said lake and that portion of said river; and providing for reciprocal recognition by each of said two states of fishing licenses issued to residents of the other in fishing in and upon said waters, and other matters relating thereto, approved March 25, 1939.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 175, Statutes of Nevada 1939, at page 258, also designated as sections 3141.01 to 3141.08, inclusive, 1929 N.C.L. 1941 Supp., is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 140Clark County Delegation
CHAPTER 64
AN ACT to amend an act entitled An Act prohibiting certain persons from remaining in saloons, and fixing penalties for the violation thereof, approved March 22, 1911.
[Approved March 4, 1955]
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 10594, N.C.L. 1929, is hereby amended to read as follows:
Section 1. Any proprietor, keeper or manager of a saloon, or resort where spirituous, malt, or fermented liquors or wines are sold, who shall, knowingly, allow or permit any person under the age of twenty-one years to remain therein, is guilty of a misdemeanor, and shall be punished by a fine of not less than $25 nor more than $100. Nothing in this section shall apply to:
1. Establishments wherein spirituous, malt or fermented liquors or wines are served only in conjunction with regular meals and where dining tables or booths are provided separate from the bar; or
2. Any grocery store or drugstore where spirituous, malt or fermented liquors or wines are not sold by the drink for consumption on the premises.
Sec. 2 This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 86κ
Assembly Bill No. 81Committee on Fish and Game
CHAPTER 65
AN ACT to amend an act entitled An Act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 4, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 52 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, at page 368, is hereby amended to read as follows:
Section 52. Every person applying for and procuring a license, as herein provided, shall give to the license agent his name and resident address, which information shall be by the license agent entered on the license and stub, together with a statement of the date of issuance, the number of licenses issued to such person, and description of such person, by age, height, race, and color of the eyes and hair. Any person who shall make any false statement with regard to his place of residence of citizenship in applying for a hunters, anglers or trappers license shall be guilty of a misdemeanor.
Sec. 2. Section 55 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, at page 368, is hereby amended to read as follows:
Section 55. Every person having licenses as provided herein who while hunting, trapping, or fishing refuses to exhibit such licenses or any fish, game, or fur-bearing animals which he may have in his possession upon the demand of any officer authorized to enforce the fish and game laws of the state, or any other peace officer of the state, shall be guilty of a misdemeanor; and every person lawfully having said licenses who transfers or disposes of the same to another person to be used as a hunting, trapping, or fishing license shall forfeit the same.
Sec. 3. Section 61 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, as amended by chapter 146, Statutes of Nevada 1949, at page 300, is hereby amended to read as follows:
Section 61. It shall be unlawful at any time to take or possess mountain sheep, goats, elk, antelope or deer except at the time and places and in the manner as may hereafter be provided by the state fish and game commission.
κ1955 Statutes of Nevada, Page 87 (CHAPTER 65, AB 81)κ
places and in the manner as may hereafter be provided by the state fish and game commission. Open seasons as provided under this act for such big game animals may designate the sex and age class or any obvious physical characteristic for such animals which may be taken. With regard to deer, a designation of bucks only shall mean and include any deer with at least one branched antler, and a designation of antlerless deer shall mean and include any deer with less than one branched antler. In the above designation, eye guards shall not be considered branches of the antler.
Sec. 4. Section 68 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, as amended by chapter 146, Statutes of Nevada 1949, at page 302, is hereby amended to read as follows:
Section 68. It is unlawful for any person to take any of the wild birds or wild game mentioned and protected in this act other than at the times of day which shall be set for such taking by the state board of fish and game commissioners. Where no time is set by the state board of fish and game commissioners, it shall be unlawful for any person at any time to take any of the wild birds or wild game mentioned and protected in this act except between sunrise and sunset, the same to be considered according to government time reports. Nothing in this section shall be construed to limit or restrict the hours of hunting of migratory birds, which hours shall be those established by federal regulation governing the hunting of migratory birds, or as set by the state board of fish and game commissioners.
Sec. 5. This at shall become effective upon passage and approval.
________
Senate Bill No. 168Senators Crumley and Johnson
CHAPTER 66
AN ACT to amend an act entitled An Act creating the Columbia basin interstate compact commission of the State of Nevada, defining its powers, establishing an interstate compact fund and making an appropriation therefor, approved March 21, 1951.
[Approved March 7, 1955]
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 218, Statutes of Nevada 1951, at page 326, is hereby amended to read as follows:
Section 4. The commission representing the State of Nevada on said joint commission shall have full authority to carry on said negotiations for such compact or agreement; to attend meetings of said joint commission wherever convened; to employ clerical, legal and engineering assistance and generally to perform such duties as shall be required of the members thereof in carrying out the purpose and intent of this act. The tenure of office of said commissioners appointed by the governor shall be at the pleasure of the governor, who shall have authority to fill vacancies, provided, the term of the commissioners appointed by the governor shall not extend beyond four years from the date of their several appointments.
κ1955 Statutes of Nevada, Page 88 (CHAPTER 66, SB 168)κ
to fill vacancies, provided, the term of the commissioners appointed by the governor shall not extend beyond four years from the date of their several appointments. Members of the commission who are not in the regular employ of the State of Nevada shall receive a per diem of fifteen dollars ($15) for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate. Members of the commission who are in the regular employ of the state shall receive no per diem but shall receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the legal statutory rate in lieu of other provisions made by law for reimbursement of their expenses as such state employees. Claims for payment of all expenses incurred by the Columbia basin interstate compact commission of Nevada, including the per diem and expenses of its members, shall be made by the department of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 2. This act shall be effective immediately upon its passage and approval.
________
Senate Bill No. 88Senators Crumley and Johnson
CHAPTER 67
AN ACT approving, ratifying and enacting into law the Columbia Basin Interstate Compact for the division, apportionment and use of the waters of the Columbia River and its tributaries and the determination of rights in connection therewith and incidental thereto; creating the Columbia Interstate Compact Commission; providing for the member of such commission from the State of Nevada; providing for the carrying out of the compact, and other matters relating thereto.
[Approved March 7, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Ratification and approval is hereby given the Columbia Interstate Compact as signed at the city of Portland, in the State of Oregon, on January 15, 1955, by commissioners of the State of Nevada, acting pursuant to authority granted by chapter 218, Statutes of Nevada 1951, at page 325, and the commissioners representing the states of Idaho, Montana, Oregon, Utah, Washington and Wyoming, and approved by the representatives of the United States, which compact is quoted in full as follows:
COLUMBIA INTERSTATE COMPACT
The states of Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming, having resolved to negotiate a compact as authorized by the Act of July 16, 1952 (66 Stat. 737) amended by the Act of July 14, 1954 (68 Stat. 468), and after negotiations participated in by the following named state commissioners:
κ1955 Statutes of Nevada, Page 89 (CHAPTER 67, SB 88)κ
Idaho: R. P. Parry, Twin Falls, chairman; E. B. Campbell, Bonners Ferry; Alex O. Coleman, St. Anthony; George L. Crookham, Jr., Caldwell; Mark R. Kulp, Boise; Charles H. Welteroth, Jerome (alternate); Clifford Fix, Twin Falls (alternate).
Montana: Lloyd I. Wallace, Polson, chairman; L. A. Colby, Missoula; Glenn H. Larson, Thompson Falls; James E. Murphy, Kalispell; Robert L. Neils, Libby; C. H. Raymond, Hamilton; Fred E. Buck, Helena, secretary.
Nevada: Hugh A. Shamberger, Carson City, chairman; C. H. Jackson, Jr., Tuscarora; M. E. Lundberg, Elko.
Oregon: Charles H. Heltzel, Salem, chairman; Earl H. Hill, Cushman; Harry S. Dorman, Salem; Carl H. Francis, Dayton; Paul E. Geddes, Roseburg; Robert D. Holmes, Gearhart; Eugene E. Marsh, McMinnville; Lee V. Ohmart, Salem; Elmo E. Smith, John Day; Charles E. Stricklin, Salem (deceased); Rudie Wilhelm, Jr., Portland; D. J. McLellan, Salem.
Utah: George D. Clyde, Salt Lake City.
Washington: Jack V. Rogers, Wenatchee, chairman; W. Kenneth Jones, Spokane; Roderick A. Lindsay, Spokane; Charles R. Savage, Shelton; Harry Wall, Chelan; George R. Thompson, Olympia, secretary.
Wyoming: L. C. Bishop, Cheyenne, chairman; Howard B. Black, Cheyenne; Ciril D. Cranney, Afton; Clifford P. Hansen, Jackson; Earl Lloyd, Cheyenne; Dean H. T. Person, Laramie.
and by F. A. Banks, representative of the United States of America, have agreed upon the following articles, to wit:
ARTICLE I-PURPOSES
The major purposes of this compact are, with respect to the land and water resources of the Columbia River Basin:
A. To facilitate and promote the orderly, integrated and comprehensive development, use, conservation and control thereof for various purposes. Included as some of the principal purposes are these: the development of lands by irrigation and other means; the protection and use of water for domestic, industrial, and municipal purposes; the use of water for hydroelectric power production; the use of water for navigation; the protection and enhancement of fish, wildlife and recreational resources; the prevention and control of pollution; and the prevention and control of floods.
B. To further intergovernmental cooperation and comity with respect to these resources and the programs for their use and development by, among other things
(1) Providing for the relationships between certain beneficial uses of water as a practicable means of effecting an equitable apportionment thereof, and for means of facilitating and effecting additional interstate agreements with respect thereto, and
(2) Providing an interstate body to consider the various common problems with respect to the use and development of those resources and to plan for, review and recommend plans for their development.
κ1955 Statutes of Nevada, Page 90 (CHAPTER 67, SB 88)κ
ARTICLE II-DEFINITION OF TERMS
As used in this compact:
A. The term Columbia River System shall mean the Columbia River and its tributaries within the United States of America.
B. The term Columbia River Basin shall mean all the drainage area of the Columbia River System within the United States of America.
C. The term state or member state shall mean a state which has ratified and is a party to this compact.
D. The term upstream state shall mean any of the states of Idaho, Montana, Nevada, Utah, or Wyoming.
E. The term downstream state shall mean either of the states of Oregon or Washington.
F. The term upstream area shall mean all the area of the states of Idaho, Montana, Nevada, Utah, and Wyoming situated within the Columbia River Basin, and all those portions of the states of Oregon and Washington, situated within the Columbia River Basin, lying east of the summit of the Cascade mountains.
G. The term beneficial consumptive use shall mean any use of waters, recognized as a beneficial use under the law of the member state involved, resulting in a substantial amount of the water diverted being consumed or so used as not to return to the Columbia River System. Such uses shall include those for domestic, livestock and municipal purposes, irrigation of land, and such industrial and other beneficial uses as involve consumptive use of the water diverted.
H. The term nonconsumptive use shall mean any control or use of water in which, exclusive of seepage and evaporation of water incidental to the control or use, the water remains in or returns to the Columbia River System substantially undiminished in volume. Such uses shall include use for navigation, flood control, production of hydroelectric power, industrial purposes that are nonconsumptive, the maintenance of stream flows for pollution control, fish and wildlife and recreational purposes, and such other beneficial uses as result in nonconsumptive use of the water involved.
I. The term government shall mean, severally, the member states and the United States.
J. The term commission shall mean the Columbia Interstate Compact Commission.
ARTICLE III-THE COLUMBIA INTERSTATE COMPACT COMMISSION
A. There is hereby created an agency of the member states, and of each of them, to be known as the Columbia Interstate Compact Commission. The commission shall be composed of two commissioners from each of the states of Idaho, Montana, Oregon, and Washington, and one commissioner each from such of the states of Nevada, Utah, and Wyoming as shall ratify the compact, to be designated or appointed in accordance with the laws of the state which they represent and to serve and be subject to removal in accordance with such law, and one commissioner of the United States to be designated and to serve as provided by the laws of the United States.
κ1955 Statutes of Nevada, Page 91 (CHAPTER 67, SB 88)κ
B. Each commissioner of a state shall be entitled to one vote in the commission. The commissioner of the United States shall serve as chairman of the commission but shall have no vote.
C. The requirements as to a quorum for the transaction of business and as to votes required to carry an action at any meeting of the commission, shall be as follows:
(1) Commencing with the date the compact has become effective as to all seven states named in subdivision A of this article
(a) The presence in person or by proxy of eight or more of the voting members of the commission shall constitute a quorum for the transaction of business, such a quorum to include at least one commissioner each, in person or by proxy, from such of the states of Idaho, Montana, Oregon and Washington as have appointed or designated commissioners. For the duration of any called meeting of the commission the presence of a quorum shall be determined at the commencement of such meeting. If any duly called meeting is recessed because of a lack of a quorum initially, a reconvened meeting may be set by the giving of written notice to all commissioners not less than ten (10) days in advance thereof, and if the appointed commissioners of any of the states of Idaho, Montana, Oregon or Washington default by failing to appear in person or by proxy at the reconvened meeting, the requirements as to representation in the quorum by such state or states so defaulting shall not govern as to such meeting.
(b) Any action by the commission shall be effective only if it be carried by a vote of eight or more of the total voting membership of the commission.
(2) Commencing with the date the compact has become effective, as provided in article XIV, but before all seven states have ratified, the requirements shall be as provided in (a) and (b) of (1) above of this article, except
(a) If only four or five states have ratified, the phrase six or more shall be substituted for the phrase eight or more wherever there appearing.
(b) If only six states have ratified, the phrase seven or more shall be substituted for the phrase eight or more wherever there appearing.
D. In the absence of any commissioner, his vote may be cast by the other commissioner of his state or by another representative designated or appointed in accordance with the laws of that state; provided that, the said other commissioner or representative casting said vote shall have a written proxy in proper form as may be established by rule of the commission.
E. The commission shall meet to establish its formal organization within ninety (90) days of the effective date of this compact, such meeting to be at the call of the chairman or by a majority of the commissioners then appointed or designated. The commission shall then adopt its initial set of bylaws providing for, among other things: the adoption of a seal, and the authority and duties of the vice-chairman, treasurer and executive director-secretary. The commission shall also then elect from among its members a vice-chairman and treasurer to serve for the first full or part annual term, these offices to be filled thereafter from among commission members by annual elections.
κ1955 Statutes of Nevada, Page 92 (CHAPTER 67, SB 88)κ
to be filled thereafter from among commission members by annual elections. The commission shall appoint the executive director, who shall also act as secretary, to serve at the pleasure of the commission and at such compensation and under such terms and conditions as it may fix. The executive director shall be custodian of the records of the commission with authority to affix the commissions official seal and to attest to and certify such records or copies thereof.
F. The executive director, subject to the approval of the commission in such cases as its bylaws may provide, shall, without regard to the provisions of the civil service laws of any member state or of the United States, appoint and remove or discharge such engineering, legal, expert, clerical, and other personnel as may be necessary for the performance of the commissions functions; may fix their compensation, and define their duties; and require bonds of such of them as the commission may designate.
G. The commission may:
(1) Borrow, accept, or contract for the services of personnel from any government or agency thereof, from any intergovernmental agency, or from any other entity.
(2) Accept for any of its purposes and functions under this compact any and all donations, gifts, and grants of money, equipment, supplies, materials, and services from any government or agency thereof or intergovernmental agency or from any other entity and may receive and utilize the same.
(3) Acquire, hold and dispose of real and personal property as may be necessary or convenient in the performance of its functions.
(4) Establish and maintain one or more offices for the transacting of its business.
H. The commission and its executive director shall make available to the member states or the United States any information in its possession at any time and shall always provide free access to its records during established office hours by duly authorized representatives of such member states or the United States and any other interested entity.
I. The commission shall make and transmit annually to the legislative body and executive head of each government a report covering the activities of the commission for the preceding year and embodying such plans, recommendations, and findings as may have been adopted by the commission. The commission may issue such additional reports as it may deem desirable.
J. All meetings of the commission for the consideration of and action on any matters coming before the commission, except matters involving the management of internal affairs of the commission and its staff, shall be open to the public. Matters coming within the exception of this subdivision may be handled by the commission in executive sessions under such rules and regulations as may be established therefor.
ARTICLE IV-FINANCE
A. The compensation and expenses of each commissioner which are to be paid shall be fixed and paid by the government which he represents.
κ1955 Statutes of Nevada, Page 93 (CHAPTER 67, SB 88)κ
represents. All other expenses incurred by the commission in the course of exercising the powers conferred upon it by this compact, unless met in some other manner specifically provided by this compact, shall be paid by the commission out of its own funds.
B. The commission shall submit to the executive head or designated officer of each contributing member state a budget of its estimated expenditures for such period, and at such times, as may be required by the laws of that state for presentation to the legislature thereof.
C. Each of the commissions budgets of estimated expenditures shall contain specific recommendations of the amount, or amounts, to be appropriated by each of the member states. The commission shall, at the initial organizational meeting after this compact becomes effective, or as soon thereafter as is practicable, establish the initial fiscal period, this to be the biennium ending June 30, 1957, if the compact becomes effective prior to July 1, 1955, and to be the then remaining portion of the biennial period of the member states if the compact becomes effective after July 1, 1955; and the commission shall establish the budget of expenditures for that initial period. The budget for the initial period, if it be a full biennium, shall be not less than $65,000.00. If the initial fiscal period is only a portion of a biennium, the minimum budget therefor shall be the proportion of $65,000.00 derived by applying thereto the ratio that the initial period bears to a full biennium. The respective shares of the budget for the initial fiscal period shall be as follows:
Member State Percent of Budget
Idaho ........................................................................................................................ 23.5
Montana .................................................................................................................. 23.5
Nevada ....................................................................................................................... 2.0
Oregon ..................................................................................................................... 23.5
Utah ............................................................................................................................ 2.0
Washington ............................................................................................................ 23.5
Wyoming ................................................................................................................... 2.0
; provided, that if any of the states of Nevada, Utah or Wyoming fail to ratify during the initial period, the total budget for that period shall be reduced by the amount of the share of the state failing so to ratify, but the amounts to be paid by the other states shall remain unchanged.
D. Subsequent budgets shall be recommended by the commission and the amounts shall be allocated among the member states. The shares of Idaho, Montana, Oregon and Washington shall be equal and in no event shall the share of Wyoming exceed three percent (3%), the share of Nevada exceed two percent (2%) and the share of Utah exceed one percent (1%) of the total budget for any fiscal period.
E. The commission shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the constitution of said government. The commission shall not incur any obligations prior to the availability of funds adequate to meet the same.
κ1955 Statutes of Nevada, Page 94 (CHAPTER 67, SB 88)κ
F. The commission shall keep accurate accounts of all receipts and disbursements. The receipt and disbursements of the commission shall not be subject to the audit and accounting procedures of any of the member states nor the United States. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by an independent certified public accountant and the report of the audit shall be included in and become a part of the annual report of the commission.
G. The accounts of the commission shall be open for public inspection during established office hours.
ARTICLE V-GENERAL POWERS
The commission shall have the power:
A. To collect, correlate, and report on date relating to present and potential uses of water and other related resources of the Columbia River Basin or any portion thereof and on data relating to available sources of water for use in the Columbia River Basin or any portion thereof; conduct investigations and surveys to determine the extent of those resources and the nature of the problems involved in their present and future development and management; and recommend plans and programs for their development.
B. To undertake itself, or in cooperation with government or agencies thereof or other entities with respect to the Columbia River Basin:
(1) Review of all plans for the construction of works authorized or reauthorized to be undertaken after the effective date of this compact for flood control, navigation, power development, irrigation, or other water use or management which involve facilities having capacity for the diversion or use of flows of more than 200 cubic feet per second or the capacity to store at any time more than 25,000 acre-feet of water and which are proposed to be undertaken pursuant to laws of the United States, whether under permission granted by the United States, by means of financing in whole or in part by the United States, or otherwise; and to submit its findings on such plans to the member states and interested agencies of the United States.
(2) Preparation of plans for works to develop, use, control or protect particular waters. Any such plan may, without limitation by this enumeration, involve any or all of these objects-the development and use of water for domestic, municipal, irrigation, industrial including development of power, fish and wildlife, recreational, and navigation purposes; or its control and protection by drainage, prevention of floods, and control of pollution; or other such objects as are found by the commission to be beneficial and proper.
(3) To appear and make recommendations before appropriate governmental or intergovernmental agencies or other entities in public hearing or otherwise, in connection with any projects authorized or licensed prior to the effective date of this compact but on which no actual at-site construction has then been undertaken, as well as in connection with the preparation by any agency or entity of plans for works that will be reviewed by the commission under the provisions of this subdivision B.
κ1955 Statutes of Nevada, Page 95 (CHAPTER 67, SB 88)κ
for works that will be reviewed by the commission under the provisions of this subdivision B.
In the review and preparation of plans under this subdivision B, the commission shall consider and determine, for the purpose of recommendations, whether the proposed works, (referred to herein variously as development, project or works) considering all benefits to whomsoever they accrue and all costs by whomsoever incurred, will result ultimately in the greatest economically justifiable development of the land, forest, mineral, water and related resources involved, and whether that development or other potential developments in the Columbia River Basin should have priority in construction; and with respect thereto shall also recommend as to when and by what entity; governmental, intergovernmental, public or otherwise, a particular project should be undertaken. Such recommendations shall include the conditions or limitations that the commission determines should be imposed on the project to assure attainment of the desired objectives thereof, including in the case of federally financed hydroelectric power developments, proposals, if any, as to the use of power revenues for the development of other land and water resources in the Columbia River Basin. The commission, unless otherwise provided by law or by agreement with the governmental agency involved, shall, in connection with the review of plans under (1) of this subdivision B, review and report thereon as hereinafter provided within ninety (90) days from the receipt of the plans from the agency or entity seeking the license or authorizing legislation required. The commissions report and recommendations shall be made in writing to the licensing or planning agency involved and the legislature or legislatures concerned if authorizing legislation is required. The report shall indicate, among other things, whether the recommendations of the commission are concurred in by the commissioners of the member state or states in which the project is located, and shall set forth the views of any commissioner that are not consistent with the recommendations of the commission.
C. In connection with the development and execution of operating plans for coordinated use and management of water storage capacity in the Columbia River System or any portion thereof.
(1) To undertake itself or in cooperation with governments or agencies thereof or other entities, the collection, correlation, and interpretation of data as to precipitation and runoff and the forecasting of runoff.
(2) To cooperate with governments or agencies thereof or other entities responsible for the operation of the various developments involved in the making of plans for the integrated operation of water storage capacity for the various purposes for which such capacity is available under law, including flood control, and in the administration of such plans.
(3) To cooperate in the making of plans for the integrated operation of all electric power developments, including capacity for the storage of water for power production, to the end of achieving the most efficient use of the hydroelectric power resources in the Columbia River Basin, and to encourage, through contractual arrangements and otherwise, the participation in such plans by the various entities, public and otherwise, having generation facilities in the Columbia River Basin or interconnected with such facilities.
κ1955 Statutes of Nevada, Page 96 (CHAPTER 67, SB 88)κ
the participation in such plans by the various entities, public and otherwise, having generation facilities in the Columbia River Basin or interconnected with such facilities.
Any operating plan proposed hereunder shall have as its objective the optimum use of the developments involved for the several purposes for which they were authorized under law; and no plan proposed by the commission for the use of storage capacity for flood control purposes shall be inconsistent with the criteria and limitations established by law and contract for the use of storage capacity for various purposes or result in conflict with any right to the beneficial consumptive use of water, whether natural flow, storage, or otherwise, which is validly established under the law of a member state.
D. To collect, correlate and publish water facts necessary for the purpose of this compact directly or in cooperation with any governmental or intergovernmental agencies or other entities.
E. To cooperate with the International Joint Commission-United States and Canada, the appropriate agencies of Canada and the Province of British Columbia, as well as with agencies of the member states and the United States and with other entities, in studies, plans and recommendations with respect to any project which may have a substantial effect on the uses of the waters of the Columbia River and its tributaries that are of international concern.
ARTICLE VI-ALLOCATION OF POWER
By the ratification of this compact, it is the declared purpose and intent of the member states that there shall be a fair and equitable apportionment and allocation among the member states of the hydroelectric power developed in the Columbia River Basin. Having regard for this purpose and intent, and giving consideration to the problems of the state or states in which proposed projects are to be located, the commission shall with respect to any project including power benefits which is being planned or reviewed by the commission:
(1) Determine the amount of power an energy attributable to the development and make, subject to the provisions of paragraphs (2) and (3) of this article, such recommendation as it finds to be practicable to provide for the equitable distribution thereof among all the member states.
(2) Determine the amount of power and energy attributable to the development that, in its judgement, is equitable for reservation and use in the state or states in which the project is located and what kind of reservation would be reasonable and practicable in the particular case. Subject to the purpose and intent above stated, the amount of the reservation shall be determined by taking into consideration, among other factors, the sum of (a) the full amount of prime power and energy associated therewith that would be developed at that project were it to be operated on an isolated basis without regard to existing or future upstream storage, and (b) a fair and equitable share of the additional power and energy developed at-site and at existing and future downstream power plants by reason of the coordinated release of water, taking into consideration any reduction of power and energy generation resulting from the depletion in stream flow arising from upstream beneficial consumptive uses occurring after the year 1948 A.D.
κ1955 Statutes of Nevada, Page 97 (CHAPTER 67, SB 88)κ
generation resulting from the depletion in stream flow arising from upstream beneficial consumptive uses occurring after the year 1948 A.D. in the state for which the reservation is recommended, and taking into consideration such other factors, whether negative or positive, as the commission finds to be proper for consideration. In those cases in which a project is located in more than one state, the recommendations shall include the basis upon which the total reservation hereunder shall be allocated equitably among those states. A recommendation for the reservation of the full amount of the power and energy so determined shall be made as to projects to be reviewed hereunder unless the commission finds the making of a reservation to be impracticable.
(3) Recommend, if a recommendation is made under the provisions of paragraph (2) above, the inclusion of provisions in the authorizing legislation or the license requiring the entity responsible for the operation of the development to make power and energy covered by the proposed reservation available for the purchase and use in the state or states in which the project is located. Any such recommendation shall provide that, subject to reasonable notice for withdrawal as demand therefor develops, such power and energy may be made available elsewhere.
ARTICLE VII-APPORTIONMENT OF WATER AND RELATED MATTERS
A. All waters of the Columbia River System shall be available for appropriation for beneficial purposes under and to the extent permitted by the laws of the states involved, but, except for the provisions in this subdivision A, relating to certain relationships between consumptive and nonconsumptive uses, no apportionment of waters or determination of rights to the use thereof is made by this compact. Rights to beneficial consumptive uses within the upstream area, whether established heretofore or hereafter prior to the controlling date, under the laws of the states involved, if validly established under those laws, shall be recognized as against, and shall not be limited by, any rights, existing or future, to such waters for nonconsumptive uses by means of developments located wholly or partly within a member downstream state whether the rights to such nonconsumptive uses are established under the laws of a member state, or are being asserted under the authority of the United States in connection with any water use or control development constructed by or under the authority of the United States, subject to these provisions and limitations:
(1) As of January 1 of the year 2000 A.D., or as that date may be extended by unanimous action of the commission (herein called the controlling date), there shall be a determination by the commission as to the amount of water originating in or flowing through the upstream states remaining unappropriated, in terms of flows and quantities of runoff, at gauging stations near the point at which the principal tributaries of the Columbia River leave the downstream boundaries of Idaho. No extension of the controlling date shall be beyond January 1, 2050 A.D.
(2) When the controlling date as established under the provisions of paragraph (1) of this subdivision is reached, the commission shall determine whether a further extension is to be sought, whether the then unappropriated water is to be apportioned among the member states, or whether no further action with respect to the remaining unappropriated water is to be taken.
κ1955 Statutes of Nevada, Page 98 (CHAPTER 67, SB 88)κ
of paragraph (1) of this subdivision is reached, the commission shall determine whether a further extension is to be sought, whether the then unappropriated water is to be apportioned among the member states, or whether no further action with respect to the remaining unappropriated water is to be taken. Any further extension of time beyond January 1, 2050 A.D., or such apportionment among the member states may be proposed by means of a supplement to this compact to be ratified by the legislatures of affected member states and consented to by the Congress of the United States as then required by law. Unless expressly otherwise provided in a supplement to this compact, no right to the beneficial consumptive use of water in the upstream area which, as of the controlling date, has been validly established in accordance with the laws of the state involved and consistent with the provisions of this compact shall be impaired by such supplement.
(3) In the event no further extension or no apportionment in keeping with the provisions of paragraph (2) of this subdivision is agreed upon and effected, any then existing right for beneficial consumptive use of waters in the upstream area coming within the provisions of this subdivision as of the controlling date, shall continue to be recognized as herein provided, but no provision of this compact shall preclude any member state from asserting a claim in any manner available as a matter of law to an equitable share of the water remaining unappropriated as of the controlling date.
In the case of a stream tributary to the main stem of the Columbia River situated wholly within a downstream state however, the relationships as between nonconsumptive use rights appurtenant to a development located thereon and consumptive use rights as to the waters of such a tributary upstream from that development shall be governed by the laws of that state without regard to the foregoing limitations of this subdivision.
B. The member states hereby designate, appoint, and empower their commissioners to draft, negotiate, and propose any and all compacts apportioning waters of any tributary stream forming part of the Columbia River System among or between the states through which said tributary stream flows, or amendments to this compact. Any such supplementary compacts or amendments to this compact negotiated as herein provided shall become effective upon approval by the commission, ratification by the legislatures of the member states party thereto, and consent thereto by the Congress. All valid, interstate compacts affecting the waters of the Columbia River System which are in effect as of the date this compact becomes operative shall remain unaffected hereby.
C. In the event this compact is terminated, any right to the beneficial consumptive use of water which, prior to the date of termination, is required to be recognized under the provisions of this compact shall continue to be recognized after such termination to the extent herein provided. Unless otherwise expressly provided in a supplemental compact, made pursuant to the provisions of subdivision B of this article, no such right required to be recognized as of the effective date of such supplement shall be impaired by such supplemental compact.
κ1955 Statutes of Nevada, Page 99 (CHAPTER 67, SB 88)κ
D. This compact shall become effective only if federal law accepting and implementing the provisions of subdivision A of this article with respect to developments wholly or partly in downstream states constructed by or under the authority of the United States is enacted as part of the legislation giving the consent of the Congress to this compact and shall continue to be operative only while such law remains in effect.
ARTICLE VIII-POLLUTION CONTROL
A. The governments recognize that the rapid increase of the population of the Columbia River Basin and the growth of industrial, mining, and related activities within that area can lead to increasingly serious pollution of the waters of the Columbia River System constituting a grave menace to the health and welfare of the people living in the Columbia River Basin and also occasioning a great economic loss. The governments further recognize that maintenance and improvement of the condition of the waters of the Columbia River System require cooperative action and that pollution abatement and control are essential to the proper realization of the objectives of this compact and to the safe, profitable, and efficient multiple-purpose use of the waters of said Columbia River System.
B. In addition to the powers enumerated in article V, it shall be the duty of the commission to, and the commission shall have power:
(1) To engage in such investigations, analyses, or other appropriate means as are deemed necessary to obtain, coordinate, tabulate and summarize technical and other data on the pollution of the waters of the Columbia River System or any portion thereof and on the character and condition of such waters; and to prepare reports thereon annually or at such other times as may be deemed advisable by the commission.
(2) To cooperate with governments or agencies thereof or other entities for the purpose of promoting uniform laws, rules, or regulations for the abatement and control of pollution of the waters of the Columbia River System or any portion thereof, and to make and, from time to time, to revise and to recommend to the governments reasonable minimum standards for the treatment of sewage and industrial or other wastes now or in the future discharged into such waters.
(3) To disseminate to the public, by any and all appropriate means, information respecting pollution abatement and control in the waters of the Columbia River System or any portion thereof and on the harmful and uneconomical results of such pollution.
(4) Upon receipt of a complaint from a member state that interstate waters in which it has interests are being materially and adversely affected by pollution and that the state in which the pollution originates has failed to take appropriate abatement measures, to make such investigation and survey as the commission finds to be proper, and thereafter to recommend to the appropriate agency that proper action be taken under state or federal law.
ARTICLE IX-FISH AND WILDLIFE AND RECREATION
A. In the exercise of the powers and functions conferred on the commission, it shall be the policy of the commission to prepare and review plans for development and application of measures for preventing damage to fish and wildlife and recreational resources of the Columbia River Basin and to cooperate with all agencies charged with the responsibility for protecting and fostering these resources.
κ1955 Statutes of Nevada, Page 100 (CHAPTER 67, SB 88)κ
review plans for development and application of measures for preventing damage to fish and wildlife and recreational resources of the Columbia River Basin and to cooperate with all agencies charged with the responsibility for protecting and fostering these resources.
B. In the furtherance of this policy the commission shall:
(1) Submit pertinent information to, and receive recommendations from official agencies of the governments having jurisdiction or otherwise affected, with respect to projects and programs in which the commission may be concerned.
(2) Taking into consideration recommendations of governmental agencies responsible for fish and wildlife administration, recommend that, in all projects which are within the purview of the commission, effective fish and wildlife protective facilities or compensatory measures as required by the laws of the member states, shall be incorporated into water use developments; that the costs thereof including operation and maintenance be included as a part of the cost of said projects; and that the responsibility for the provision of such effective fish and wildlife protective facilities or compensatory measures as are recommended as a part of the project plan shall continue beyond completion of construction of the individual projects. The fish and wildlife facilities and compensatory measures referred to in this article may include physical installations located elsewhere than at the actual site of the project.
(3) In connection with projects coming within the purview of the commission, give proper recognition to recreational and fish and wildlife uses of water by recommending such steps as may be necessary and practicable:-to protect or develop recreational resources; to assure the maintenance of necessary minimum stream flows, reliable and adequate pool levels, and allocation of water for fish and wildlife protective or compensatory facilities, and for the regulation of such stream flows and pool levels so as to conform to sound fish and wildlife management practices to the fullest extent practicable.
ARTICLE X-RULES AND REGULATIONS
The commission shall have the power to adopt and issue such bylaws, rules and regulations to effectuate the purposes of this compact as in its judgment may be appropriate. The commission shall publish its bylaws, rules and regulations in convenient form.
ARTICLE XI-EXISTING RIGHTS RECOGNIZED
Nothing in this compact shall be deemed:
(1) (a) To affect adversely the rights of any individual Indian, tribe, band, or community of Indians to the use of the waters of the Columbia River System for irrigation;
(b) To deprive any individual Indian, tribe, band, or community of Indians of any rights, privileges, or immunities afforded under federal treaty, agreement, or statute; or
(c) To affect the obligations of the United States of America to the Indians, tribes, bands, or communities of Indians, and their reservations.
κ1955 Statutes of Nevada, Page 101 (CHAPTER 67, SB 88)κ
(2) Except as otherwise provided by article VII hereof and the federal legislation required for the implementation thereof, to impair or affect any rights, powers, or jurisdiction of the United States, or those acting by or under its authority, in, over and to the waters of the Columbia River Basin; nor to impair or affect the capacity of the United States, or those acting by or under its authority, to acquire in accordance with the laws of the state involved rights in and to use of waters of the Columbia River Basin.
(3) To subject any property of the United States, its agencies or instrumentalities, to taxation by any member state or subdivision thereof.
(4) Except as otherwise provided herein and by the federal legislation required for the implementation of this compact, to subject any property of the United States, its agencies or instrumentalities, to the laws of any member state to any extent other than the extent those laws would apply without regard to this compact.
(5) To effect the applicability of the laws of any member state with respect to water rights properly claimed thereunder, except to the extent that the applicability in a given case would be inconsistent with the provisions of this compact.
(6) To affect adversely the areas of Mount Rainier, Glacier, Yellowstone, or Grand Teton National Parks or Craters of the Moon, Fort Vancouver, or Whitman National Monuments or to limit the operation of laws relating to the preservation thereof.
ARTICLE XII-TERMINATION
Except as otherwise specifically provided in subdivision D of article VII hereof, this compact shall remain in full force and effect unless and until terminated by action of the legislatures of the states of Idaho, Montana, Oregon and Washington which action is consented to and approved by the Congress of the United States; provided, that in the event of any termination all rights theretofore established hereunder or recognized hereby shall continue to be recognized as valid notwithstanding such termination.
ARTICLE XIII-SEVERABILITY
The provisions of this compact shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any government or the applicability thereof to any government or agency thereof, or other entity or to any circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government or agency thereof, or other entity or to any other circumstance shall not be affected thereby, unless it is authoritatively and finally determined judicially that the remaining provisions cannot operate for the purposes, or substantially in the manner, intended by the member states independently of the portions declared to be unconstitutional or invalid.
ARTICLE XIV-RATIFICATION AND EFFECTIVE DATE
A. This compact shall enter into force and become effective and binding when it has been ratified by the legislatures of the states of Idaho, Montana, Oregon and Washington, and has been consented to and approved by the Congress of the United States by legislation conforming to the requirements of subdivision D of article VII.
κ1955 Statutes of Nevada, Page 102 (CHAPTER 67, SB 88)κ
Idaho, Montana, Oregon and Washington, and has been consented to and approved by the Congress of the United States by legislation conforming to the requirements of subdivision D of article VII.
B. If this compact becomes effective in accordance with the above provision, it shall also become effective and binding as to any of the states of Nevada, Utah or Wyoming if theretofore or thereafter ratified by the legislature of any such state.
In Witness Whereof the commissioners have signed ten counterparts hereof each of which shall be and constitute an original, one of which shall be deposited with the Administrator of General Services of the United States of America, one of which shall be forwarded to the governor of each of the signatory states and two of which shall be made a part of the permanent records of the Columbia Interstate Compact Commission.
Done at the city of Portland, Oregon, this 15th day of January, 1955.
For the state of Idaho: Signed-R. P. Parry, Alex O. Coleman, Mark R. Kulp, E. B. Campbell, G. L. Crookham, Jr.
For the state of Montana: Signed-Lloyd I. Wallace, Glenn H. Larson, L. A. Colby, Robert L. Neils, C. H. Raymond, James E. Murphy, Fred E. Buck.
For the State of Nevada: Signed-Hugh A. Shamberger, M. E. Lundberg, C. H. Jackson, Jr.
For the state of Oregon: Signed-Charles H. Hetzel, Carl H. Francis, Earl H. Hill, Rudie Wilhelm, Jr., Paul E. Geddes, Daniel J. McLellan, Harry S. Dorman, Lee V. Ohmart, Eugene E. Marsh, Elmo E. Smith.
For the state of Washington: Signed-J. V. Rogers, Roderick A. Lindsay, Harry Wall, Charles R. Savage, W. Kenneth Jones.
For the state of Wyoming: Signed-L. C. Bishop.
I have participated in the negotiation of this compact and intend to report favorably thereon to the Congress of the United States, conditional upon the enactment of adequate provisions of federal legislation in accordance with the requirement of article VII.
Signed: F. A. Banks, Representative
of the United States of America.
Sec. 2. The compact set forth in section 1 of this act shall not enter into force and become effective and binding unless and until it has been ratified and approved by appropriate legislative enactment by the states of Idaho, Montana, Oregon and Washington, and has been consented to and approved by the Congress of the United States by legislation conforming to the requirements of subdivision D of article VII of the compact. The governor of Nevada shall give notice of the ratification and approval of this compact by the Nevada legislature to the governors of the states of Idaho, Montana, Oregon, Utah, Washington and Wyoming and to the President of the United States.
Sec. 3. Within 30 days after the compact has become effective, as provided in section 2 hereof, the governor of the State of Nevada is hereby authorized and directed, in compliance with article III of the compact, to appoint one commissioner for the state at large to represent the State of Nevada on the Columbia Basin Interstate Compact Commission established under article III of the compact.
κ1955 Statutes of Nevada, Page 103 (CHAPTER 67, SB 88)κ
Commission established under article III of the compact. The tenure of office of the commissioner appointed by the governor shall be at the pleasure of the governor who shall have authority to fill vacancies.
Sec. 4. The commissioner appointed pursuant to section 3 hereof, if not in the regular employ of the State of Nevada, shall receive a per diem of $25 for time actually spent on the work of the Columbia Interstate Commission, and reimbursement for board, lodging and traveling expenses incurred while away from his place of abode at the legal statutory rate. If such commissioner is in the regular employ of the state, he shall receive no per diem but shall receive reimbursement for board, lodging and traveling expenses incurred while away from his place of abode at the legal statutory rate. Claims for payment of all expenses incurred by the commissioner, including per diem and expenses, shall be made by the department of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 5. All officers of this state are hereby authorized and directed to do all things, falling within their respective provinces and jurisdiction, necessary to or incidental to the carrying out of the compact in every particular. All officers, departments and persons of and in the government or administration of this state are hereby authorized and directed, at convenient time and upon the request of the commission, to furnish the commission with information and data possessed by them or any of them, and to aid the commission by any means lying within their legal powers respectively.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 93Committee on Public Health
CHAPTER 68
AN ACT to amend an act entitled An Act regulating the practice of medicine, surgery and obstetrics, and other systems or modes of treating the sick or afflicted, in the State of Nevada; defining the practice thereof; providing for the examination of applicants for license and the practice of those licensed to treat diseases, injuries, deformities, or other physical or mental conditions of human beings; providing for the appointment of a state board of medical examiners and defining their duties; defining certain misdemeanors and providing penalties therefor, and repealing all other acts or parts of acts in conflict therewith, approved March 28, 1949.
[Approved March 7, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 8 of the above-entitled act, being chapter 169, Statutes of Nevada 1949, at page 349, as amended by chapter 353, Statutes of Nevada 1953, at page 662, is hereby amended to read as follows:
Section 8. Every person desiring to practice medicine, surgery, and obstetrics in any of their branches shall, before beginning to practice, procure from the state board of medical examiners a certificate authorizing such practice.
κ1955 Statutes of Nevada, Page 104 (CHAPTER 68, SB 93)κ
authorizing such practice. No certificate shall be issued to any person who is not a citizen of the United States or Canada, unless he has declared his intention to become a citizen of the United States, nor to any person who has not served as an interne for at least one year in a hospital recognized for interne training by the American medical association, unless he has been engaged in the actual practice of medicine for over seven years immediately previous to the date that this act goes into effect. The applicant for such certificate shall submit to said board, through its secretary, his or her diploma or photostatic copy thereof issued by a United States or Canadian medical school recognized as reputable by said board, the requirements of which medical school shall have been, at the time of granting such diploma, in no particular less than those prescribed for that year by the American medical association, and also a certificate or other document proving a period of internship of not less than one year in a hospital recognized for interne training by the American medical association, unless he has been engaged in the actual practice of medicine for over seven years immediately previous to the date that this act goes into effect. These shall be accompanied by a fee of one hundred dollars which shall in no case be returned, and by an affidavit setting forth the number and duration of terms the applicant was required to attend, that the applicant is the lawful possessor of the diploma, is the person named therein, and that it was procured without fraud or misrepresentation of any kind, and also accompanied by an affidavit of two physicians, residents of the county in which the applicant has most recently resided, stating that the applicant is the identical person named in the diploma and is of good moral standing and of good repute. In addition to such affidavits the board may take such further evidence as in its discretion may be deemed proper concerning the matters embraced therein. If it shall appear that the applicant is not of good moral character or that any credential submitted is false, the applicant shall be rejected. The board may retain the diploma for a reasonable time, not to exceed six (6) months.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 116Judiciary Committee
CHAPTER 69
AN ACT providing for the removal of county seats and the permanent location of the same; imposing duties on certain officers; providing for elections; providing for certain penalties, and other matters properly relating thereto.
[Approved March 7, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. County seats may be removed and new locations selected as provided in this act.
Sec. 2. Whenever the residents of any county in this state shall file a petition with the clerk of the board of county commissioners, signed by qualified electors of the county, who are also taxpayers of the county as appears by the last real or personal property assessment roll, equal in number to at least 60 percent of the legal votes cast at the last preceding general election in the county, asking for the removal of the county seat of the county to some other designated place, the board of county commissioners shall fix a time for a public hearing upon the petition, which time shall be within 30 days after the filing of the petition, and the clerk of the board of county commissioners shall give notice thereof by publication in a newspaper published in the county as may be designated by the board, at least once in each week for 2 weeks, the first publication to be at least 2 weeks before the date of hearing.
κ1955 Statutes of Nevada, Page 105 (CHAPTER 69, SB 116)κ
a petition with the clerk of the board of county commissioners, signed by qualified electors of the county, who are also taxpayers of the county as appears by the last real or personal property assessment roll, equal in number to at least 60 percent of the legal votes cast at the last preceding general election in the county, asking for the removal of the county seat of the county to some other designated place, the board of county commissioners shall fix a time for a public hearing upon the petition, which time shall be within 30 days after the filing of the petition, and the clerk of the board of county commissioners shall give notice thereof by publication in a newspaper published in the county as may be designated by the board, at least once in each week for 2 weeks, the first publication to be at least 2 weeks before the date of hearing.
Sec. 3. At the time specified in the notice, the board of county commissioners shall meet and inquire into and determine the sufficiency of the petition and the validity of the signatures thereto, and if sufficient and signed by the required number the board shall make an order directing that the proposition to remove the county seat to the place named in the petition, be submitted to a vote of the qualified electors of the county at the next general election, if the same is to occur within 6 months of the time of filing the petition, otherwise at a special election to be called for that purpose at any time not less than 4 months nor more than 6 months from the date of filing the petition with the clerk of the board. No names shall be withdrawn from the petition after the same has been filed with the clerk of the board of county commissioners except in cases of actual fraud in the procuring of signatures to the same.
Sec. 4. The order shall state the time and places where the proposition is to be voted upon, and the board of county commissioners shall cause a certified copy of such order to be published in some newspaper of general circulation published in the county as may be designated by the board, at least once in each week for 2 weeks, the first publication to be at least 40 days before the date of the election.
Sec. 5. The ballots to be voted at such election shall have printed thereon the words For removal of the county seat to.............................. (inserting the name of the place to which removal is proposed) and Against removal of the county seat to.............................. (inserting the name of the place to which removal is proposed). Such ballots shall be canvassed as in elections for county officers and the returns of such election shall be certified by the county clerk to the secretary of state, together with a certified copy of the order of the board of county commissioners and a sworn certificate of the publication thereof, to be filed in the office of the secretary of state. Any special election held pursuant to the provisions of this act shall be conducted as nearly as possible in conformity with the general election laws of this state.
Sec. 6. If a majority of the votes cast on the proposition of removal is in favor of removal of the county seat, so soon as convenient buildings can be had at such new county seat, the board of county commissioners shall cause all the county records, county offices and property pertaining thereto, and all county prisoners, to be removed to the new county seat.
κ1955 Statutes of Nevada, Page 106 (CHAPTER 69, SB 116)κ
county seat. Any county commissioner or other county officer who shall neglect or refuse to carry out any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 7. When a new county seat shall have been established in accordance with this act, the board of county commissioners shall cause due notice thereof to be published in some newspaper of general circulation published in the county for 4 consecutive weeks, being 4 publications, and all suits, actions, process, prosecutions and proceedings already commenced or that may be commenced in the district court for the county shall proceed to final judgment and execution at such new county seat.
Sec. 8. Chapter 84, Statutes of Nevada 1877, at page 139, entitled An Act providing for the removal of county seats and permanent location of the same, approved March 2, 1877, being sections 1924 to 1928, inclusive, N.C.L. 1929, is hereby expressly repealed.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 279Messrs. Christensen (Washoe) and Jepson
CHAPTER 70
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949.
[Approved March 9, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 373, is hereby amended to read as follows:
Section 2. The corporate powers of the city, except as hereinafter stated, shall be vested in a mayor and city council. The mayor shall be an actual and bona fide resident for a period of at least five years preceding his election and an elector and taxpayer on real property in the city, and he shall be chosen by the qualified electors thereof whose names appear upon the official register as hereinafter provided, and who are actual bona fide residents of and within the limits of the city. The mayor shall serve for a term of four years from and after the date of his election and qualification, and until his successor shall have been duly elected and qualified. He shall be the chief executive of the city. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof with which they execute their official duties, and especially in respect to the collection, administration and disbursements of the public funds, and all books, papers, records and documents of the city shall at all times be open to his inspection, and any official misconduct or willful neglect of duty shall be reported by him to the council.
κ1955 Statutes of Nevada, Page 107 (CHAPTER 70, AB 279)κ
of duty shall be reported by him to the council. He shall, from time to time, give the council information in writing relative to the state of the city, and recommend such measures as he may deem beneficial to the city. He shall see that all the general laws and ordinances of the city are observed and enforced, and shall take all proper measures for the preservation of public peace, order and the suppression of riots, tumults and all forms of public disturbances, for which purpose he is authorized to appoint extra policemen temporarily, and to use and command the police force, or if the same be inadequate, it shall be his duty to call upon the governor for military aid, in the manner provided by law.
Sec. 2. Section 3.06 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 376, is hereby amended to read as follows:
Section 3.06. The style of all ordinances shall be as follows: The City Council of the City of Sparks do ordain, and all proposed ordinances when first proposed shall be read aloud in full to the council. All ordinances introduced and real aloud in full to the council shall be published for one publication in a newspaper published in the county and having a general circulation in the city. Final action thereon shall be deferred until the next regular meeting of the council, except that in cases of emergency, by unanimous consent of the of the whole council, such final action may be taken immediately or at a special meeting called for that purpose. All ordinances shall be signed by the mayor, attested by the city clerk, and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, for at least one publication in such newspaper, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the city council, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the published and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the city council, they shall be so received.
Sec. 3. Section 3.45 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 392, is hereby amended to read as follows:
Section 3.45. The city council, among other things, shall have the power:
First-To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper courts, whenever necessary, in their judgment, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit against any property owner refusing or neglecting to pay, as assessed by the council, his ratable proportion of the costs of paving, grading, or otherwise improving any street or building, any sidewalk or other improvements which benefits such property or owner thereof.
κ1955 Statutes of Nevada, Page 108 (CHAPTER 70, AB 279)κ
costs of paving, grading, or otherwise improving any street or building, any sidewalk or other improvements which benefits such property or owner thereof.
Second-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues and demands of every nature or kind, belonging or inuring to the city, but no sales of property shall be made until after it shall have been appraised by three appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, that no park or property acquired for park purposes shall be sold or in any manner disposed of.
Third-To exercise the right of eminent domain within and without the limits of the city where the same is deemed necessary for street improvements, sewer and drain lines or other public purposes.
Fourth-Nothing herein contained shall be construed as authorizing or permitting the opening or extension of any street across or upon lands within the boundaries of said city of Sparks occupied for railroad purposes by the Central Pacific railway company, or the Southern Pacific company, their successors or assigns, said lands being particularly described as follows, to-wit:
Commencing at a point which is the section corner common to sections Nos. 4, 5, 8, 9, township 19 north, range 20 east, Mount Diablo base and meridian, and running thence westerly along the north boundary line of said section No. 8, a distance of two hundred and forty-three (243) feet, more or less, to the northeastern corner of the townsite of Sparks, as shown on the townsite map recorded in the office of the county recorder of Washoe County on April 24, 1904, at request of the Southern Pacific company; running thence from said corner southerly at right angles along the eastern boundary line of said townsite of Sparks a distance of four hundred and twenty (420) feet to the southeast corner of said townsite of Sparks; thence at right angles westerly along the south boundary line of the said townsite of Sparks parallel with and distant four hundred and twenty (420) feet from the north boundary line of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along west boundary of the northeast quarter of said section No. 8, a distance of twenty-three hundred and sixty-three (2,363) feet, more or less, to a point in the west boundary of the northeast quarter of said section No. 8, said point being also the southwest corner of the said townsite of Sparks; thence south along west boundary of the northeast quarter of said section No. 8, a distance of three hundred and forty-five (345) feet, more or less, to a point distant sixty-five (65) feet at right angles northerly from the center line of the reconstructed line of the Central Pacific railway as located and constructed; thence westerly to the right with an angle of 82 degrees and 24 minutes and parallel with and distant sixty-five (65) feet at right angles northerly from said center line, a distance of one thousand twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No.
κ1955 Statutes of Nevada, Page 109 (CHAPTER 70, AB 279)κ
westerly to the right with an angle of 82 degrees and 24 minutes and parallel with and distant sixty-five (65) feet at right angles northerly from said center line, a distance of one thousand twenty-five (1,025) feet, more or less, to a point on the east line of Elm street; thence at right angles southerly along the said easterly line of Elm street and crossing the said center line of the reconstructed Central Pacific railway at or near engineer survey station No. 66 plus 80, a distance of three hundred and five (305) feet to a point; thence at right angles easterly two hundred (200) feet to a point; thence at right angles southerly one hundred and sixty (160) feet to a point which is distant four hundred (400) feet at right angles southerly from the center line of the said reconstructed Central Pacific railway; thence at right angles easterly parallel with and distant four hundred (400) feet at right angles southerly from said center line, a distance of eight hundred and eighty-eight (888) feet, more or less, to a point in the said west boundary of the southeast quarter of said section No. 8; thence southerly along said quarter-section line a distance of eighty-five (85) feet, more or less, to the southwest corner of the north one-half of the northeast quarter of said section No. 8; thence east along the south boundary of the said north one-half of the northeast quarter of section No. 8 and the south boundary of the north half of the northwest quarter of section No. 9 of said township and range, a distance of three thousand four hundred and sixty-five (3,465) feet, more or less, to a point distant fifty (50) feet, southerly at right angles from the said center line of the reconstructed Central Pacific railroad; thence southeasterly parallel with said center line and distant at right angles fifty feet therefrom, a distance of eighteen hundred and twenty-five (1,825) feet, more or less, to a point on the east boundary line of northwest quarter of said section No. 9; thence north along said quarter-section line and crossing the said center line at engineer survey station No. 130, plus 33.15, a distance of one thousand and sixty-two (1,062) feet, more or less to a point; thence at right angles westerly a distance of three hundred and fifty (350) feet to a point; thence, northerly and parallel with the east line of said northwest quarter of section No. 9, four hundred and ninety-five (495) feet to a point in the north line of said section No. 9, township 19 north, range 20 east, M.D.B.&M.; thence west along said north line of said section No. 9, a distance of twenty-three hundred and eleven (2,311) feet, to the point of beginning, said parcel of land being all in said sections 8 and 9, township 19 north, range 20 east, Mount Diablo base and meridian.
Sec. 4. Section 8 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 396, is hereby amended to read as follows:
Section 8. There shall be a police judge, who shall be elected by the qualified electors of the city at each general city election and he shall hold office for the term of 4 years and until his successor shall be duly elected and qualified. He shall be a bona fide resident of the city of Sparks for at least 3 years prior to his election and a taxpayer on real property therein.
κ1955 Statutes of Nevada, Page 110 (CHAPTER 70, AB 279)κ
property therein. He shall execute and file such bond as the council by ordinance shall prescribe. The police judge shall have the jurisdiction and powers in the city, as are now provided by law for justices of the peace, wherein any person or persons are charged with a breach of violation of the provisions of any ordinance of the city or of this charter, of a police nature; provided, that the trial and proceedings in such cases shall be summary and without a jury. The police judge shall have jurisdiction to try, hear, and determine all cases, whether civil or criminal, for a breach or violation of any city ordinance or any provisions of this charter of a police nature and shall hear, try, determine, acquit, convict, commit, fine, or hold to bail in accordance with the provisions of such ordinance. The practice and proceedings in the court shall conform as nearly as practicable to the practice and proceedings of justices courts in similar cases. Fines imposed by the police judge may be recovered by execution against the property of the defendant, or the payment thereof may be enforced by imprisonment in the city jail of the city at the rate of one day for every dollar of such fine, or the police judge may at his discretion adjudge and enter upon his docket a supplemental order that such offender shall work on the streets or public works of the city at a rate of two dollars for each day of sentence, which shall apply on such sentence or fine until the same be exhausted or otherwise satisfied.
Sec. 5. Section 16 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 405, is hereby amended to read as follows:
Section 16. The first municipal election in the city shall be held on the first Tuesday after the first Monday in May 1905, and on the same day every four years thereafter, at which time there shall be elected one mayor, one city clerk, one city attorney and one police judge by the qualified electors of the city at large; and five councilmen, as hereinbefore provided, each of whom shall be elected by the qualified electors residing in their respective wards. All elections held under this charter shall be governed by the provisions of the general election laws of the state so far as the same can be made applicable, except that any candidate for any office to be voted for at such municipal election may qualify to have his name placed on the ballot for such office in the following manner. He shall file with the city clerk an affidavit signed by him, which affidavit shall contain the name of the candidate, his residence address, the office which he seeks and his qualifications for the office. The affidavit shall be filed with the city clerk not more than 50 days nor less than 30 days before the day of election. There shall be charged and collected from each candidate for filing a fee of $5 which shall be paid to the city clerk at the time of filing and which shall be deposited in the general fund of the city. The conduct and carrying on of all city elections, except the first, shall be under the control of the council, and they shall, by ordinance, provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things necessary to carry the same into effect.
Sec. 6. The above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 372, is hereby amended by adding thereto a new section to be designated as section 16.07, which shall immediately follow section 16.06 and shall read as follows:
κ1955 Statutes of Nevada, Page 111 (CHAPTER 70, AB 279)κ
Nevada 1949, at page 372, is hereby amended by adding thereto a new section to be designated as section 16.07, which shall immediately follow section 16.06 and shall read as follows:
Section 16.07. Whenever it is desired to amend the charter of the city or conduct a special election for any other purpose or to submit any question on the general election ballot the following procedure shall be followed:
1. Upon the filing of a verified petition bearing the signatures of not less than 60 percent of the registered voters of the city, as certified by the clerk of Washoe County, praying for the adoption of any amendment or amendments to the city charter fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his or her knowledge and belief.
Upon the filing with the city clerk of any such petition bearing the required number of signatures, duly verified and setting out therein the amendment or amendments proposed, the city council shall adopt such amendment or amendments by resolution without further proceeding.
2. Upon filing with the city clerk of a verified petition bearing the signatures of not less than 30 percent of the registered voters of the city, a special election shall be called for the purpose or purposes set forth in the petition, not later than 45 days after the filing of the petition, or, upon the filing with the city clerk of a verified petition bearing the signatures of not less than 10 percent of the registered voters of the city, the amendment or amendments proposed in the petition shall be placed upon the ballot at the next municipal election, whether it be a special or a general municipal election, after the filing of the petition, praying for the adoption of an amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. The signatures need not all be appended to one paper, but each signer shall add to his or her signature the place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his or her knowledge or belief.
3. Upon the filing of any such petition, bearing the signatures of the required number of registered voters, as provided in subsections 2 and 3 hereof, the city council shall call a special election, or provide for the voting upon such proposed amendment or amendments at the next municipal election, for the aforesaid purpose, as the petition shall request. The percentages, as provided in subsections 1 and 2 of this section, shall be determined from the number of registered voters at the last general municipal election held in the city of Sparks next preceding the filing of the petition as aforesaid.
Sec. 7. Section 17 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 372, as added by chapter 111, Statutes of Nevada 1953, at page 114, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 112 (CHAPTER 70, AB 279)κ
Section 17. 1. If, after the effective date of this act and not less than 90 days prior to the next general city election, there shall be presented to the city council a petition signed by a number of qualified city electors equal to 10 percent of the votes cast at the last general city election praying that there be submitted to a vote of the electors of the city at a special election to be called for that purpose the question: Shall the city of Sparks adopt the city manager form of municipal government? Yes.............. No.............., then it shall be the duty of the city council to call a special election as soon as practicable. Such election shall be held and conducted as nearly as possible in the same manner as elections for city officers as provided in article XVI of this act.
2. If a petition praying for a special election is not presented to the city council as provided in subsection 1 of this section, then at the general city election next after the effective date of this act there shall appear upon the ballot the following question: Shall the city of Sparks adopt the city manager form of municipal government? Yes.............. No...............
3. If, upon the official canvass of the special or general city election returns, a majority of the votes cast on the question are in the affirmative, the city council shall, within a period of 6 months after the election at which the city manager form of government has been approved, appoint a city manager who shall be the chief administrative officer of the city and who shall be responsible to the mayor and city council for the proper administration of the affairs of the city placed within his jurisdiction. Such manager shall be selected on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during the tenure of office he shall actually reside within the city of Sparks.
The city manager cannot be removed from office except by a majority vote of the council. He shall serve at the will of the council, and in case of his removal he may demand written charges and a public hearing thereon before the council, prior to the date upon which his final removal is to take place; but the decision and action of the council upon such hearing shall be final, and pending such hearing the council may suspend him from duty.
During the absence or disability of the city manager, the council shall designate some properly qualified person to perform his duties. Whenever a vacancy occurs in the office of city manager, the council shall proceed immediately to appoint a city manager.
The city manager shall receive an annual salary of not less than $5,000 nor more than $9,000, as may be fixed by the council by ordinance, and before entering on the performance of his duties shall take the official oath of office and shall execute a bond in a surety company satisfactory to the council in favor of the municipality for the faithful performance of his duties in such sum and in such form as may be fixed by the council.
4. The city manager shall be responsible to the council for the efficient administration of all the affairs of the city.
κ1955 Statutes of Nevada, Page 113 (CHAPTER 70, AB 279)κ
efficient administration of all the affairs of the city. He shall have the power, and it shall be his duty:
(a) To exercise a careful supervision of the citys general affairs.
(b) To see that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and to have the power to sue in the proper court to enforce them.
(c) To appoint, discipline or remove all heads or directors of departments, chief officials, and all subordinate officers and employees of the city subject to the approval of the city council and to such civil service provisions as may be hereafter adopted by the council. Neither the council nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent him from exercising his own independent judgement in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager either publicly or privately.
(d) To exercise control over all departments, divisions and bureaus of the city government and over all the appointive officers and employees thereof.
(e) Except when the council is considering his removal, to attend all regular meetings of the council and its committees, with the right to take part in discussions, but without power to vote. He shall receive notice of all special meetings.
(f) To recommend to the council for adoption such measures and ordinances as he may deem necessary or expedient.
(g) To make investigations into the affairs of the city, or any department or division thereof, or any contract, or the proper performance of any obligation running to the city.
(h) To prepare and submit to the council the annual budget.
(i) To keep the council at all times fully advised as to the financial condition and needs of the city.
(j) To submit to the council, at least once each month, a list of all claims and bills approved for payment by him.
(k) To devote his entire time to the duties and interests of the city.
(l) To perform such other duties as may be prescribed by this charter or be required by ordinance or resolution of the council.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 114κ
Senate Bill No. 115Committee on Finance
CHAPTER 71
AN ACT to amend an act entitled An Act relating to antifreeze; to provide that no antifreeze shall be sold, exposed for sale, or held with intent to sell within this state until inspected by the state sealer and found to comply with the provisions of this act; to provide inspection fees and distribution of the same; to provide that the state sealer shall be authorized to make rules and regulations; to prohibit certain matters in advertising; to define terms; to provide how this act may be cited; and to provide penalties, approved March 29, 1949.
[Approved March 9, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of the above-entitled act, being chapter 308, Statutes of Nevada 1949, at page 621, is hereby amended to read as follows:
Section 10. All fees provided for in this act shall be collected by the state sealer and remitted monthly to the state treasury. All fees received by the state treasurer shall be deposited in a special revolving fund designated the antifreeze fund, which is hereby created, and shall be used for the enforcement of the provisions of this act. Bills and expenses incurred in the enforcement of this act shall be paid out on claims as other claims against the state are paid. All amounts in excess of $2,000 remaining in this fund at the end of each biennium shall revert to the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 94Committee on Public Health
CHAPTER 72
AN ACT to provide an additional and supplemental appropriation for the care of persons in active stages of tuberculosis for the biennium ending June 30, 1955.
[Approved March 9, 1955]
Whereas, By the provisions of chapter 183, Statutes of Nevada 1947, the State of Nevada assists, extends and improves the care of persons in active stages of tuberculosis being cared for at public expense; and
Whereas, By the provisions of section 3 of chapter 232, Statutes of Nevada 1953, the sum of $140,000 was appropriated for such purposes for the biennium ending June 30, 1955; and
Whereas, The moneys so appropriated have now been expended and there are approximately 63 patients who will need care, which care cannot be provided if additional funds are not now made available; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1955, there is hereby appropriated from any money in the state treasury of the State of Nevada, not otherwise appropriated, the sum of $30,000, to be used to assist, extend and improve the care of persons in active stages of tuberculosis being cared for at public expense, which $30,000 is an additional and supplemental appropriation to that allowed by section 3 of chapter 232, Statutes of Nevada 1953.
κ1955 Statutes of Nevada, Page 115 (CHAPTER 72, SB 94)κ
appropriated from any money in the state treasury of the State of Nevada, not otherwise appropriated, the sum of $30,000, to be used to assist, extend and improve the care of persons in active stages of tuberculosis being cared for at public expense, which $30,000 is an additional and supplemental appropriation to that allowed by section 3 of chapter 232, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 89Committee on Finance
CHAPTER 73
AN ACT providing an appropriation of $1,252.64 for relief of Bruce R. Thompson for services rendered as special master in a controversy involving the public service commission of Nevada.
[Approved March 9, 1955]
Whereas, The California Electric Power Company, a corporation, instituted an action against the public service commission of Nevada and others concerning rates and regulations prescribed by the commission; and
Whereas, The action was instituted in the United States District Court, in and for the District of Nevada, sitting as a special three-judge court; and
Whereas, The court on October 29, 1952, appointed and commissioned Bruce R. Thompson, an attorney at law of Reno, Nevada, as a special master to take evidence and regulate the proceedings; and
Whereas, Special master Bruce R. Thompson rendered full and complete service over a period of 15 months and submitted a final report of all proceedings on January 30, 1954; and
Whereas, On September 14, 1954, the court considered the report of special master Bruce R. Thompson and entered its order fixing a reasonable compensation of $7,500 for services rendered and prorated this amount by specifying 50 percent payable by the California Electric Power Company; 16 2/3 percent payable by Gabbs Valley Improvement District, an intervener; 16 2/3 percent payable by Round Mountain Dredging Company, an intervener; and 16 2/3 percent payable by the public service commission of Nevada; and
Whereas, The prorated amount to be paid by the public service commission of Nevada is $1,252.64; and
Whereas, No appropriation was or has been made by the legislature of the State of Nevada for payment of this amount and the public service commission of Nevada has no funds to pay its share of the compensation fixed by court for the services of special master Bruce R. Thompson; and
Whereas, There is no law in the State of Nevada authorizing and providing for the payment of compensation due special masters in controversies involving the public service commission of Nevada; now, therefore,
κ1955 Statutes of Nevada, Page 116 (CHAPTER 73, SB 89)κ
controversies involving the public service commission of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The compensation due and owing Bruce R. Thompson, as set out in the foregoing preamble, is hereby allowed in the sum of $1,252.64, and a corresponding amount to pay the claim is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, to pay the claim, and the state controller is hereby authorized and directed to draw a warrant in favor of Bruce R. Thompson for the amount of $1,252.64, and the state treasurer is directed to pay the same.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 61Committee on Finance
CHAPTER 74
AN ACT authorizing payment to Buff & Buff Manufacturing Co. for highway department purchases in the amount of $28.53 for void state controllers warrants.
[Approved March 9, 1955]
Whereas, On April 25, 1951, the state controller and the state treasurer made and issued their warrant, number 103486, in the sum of $19.13, payable to Buff & Buff Manufacturing Co. for highway department purchases; and
Whereas, On March 25, 1952, the state controller and the state treasurer made and issued their warrant, number 45264, in the sum of $9.40, payable to Buff & Buff Manufacturing Co. for highway department purchases; and
Whereas, Buff & Buff Manufacturing Co. misfiled and neglected to deposit the warrants within the 90-day period prescribed by Nevada law; and
Whereas, The time for presentment and 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 the Buff & Buff Manufacturing Co. in the sum of $28.53, and the state treasurer is directed to pay such warrant from the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 117κ
Senate Bill No. 62Committee on Finance
CHAPTER 75
AN ACT authorizing payment to the Key Rock Mining Co. of $14.58 for a void controllers warrant.
[Approved March 9, 1955]
Whereas, On January 15, 1952, the state controller and the state treasurer made and issued warrant number 33440, in the amount of $14.58, payable to the order of the Key Rock Mining Co.; and
Whereas, The warrant was not presented for payment until January of 1954, and the same is void because the time for presentment had passed; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is directed to draw his warrant in favor of the Key Rock Mining Co., in the amount of $14.58, and the state treasurer is directed to pay such warrant from the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 44Committee on State and County Affairs
CHAPTER 76
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.
[Approved March 9, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 16 of the above-entitled act, being chapter 181, Statutes of Nevada 1947, as last amended by chapter 183, Statutes of Nevada 1951, at page 272, is hereby amended to read as follows:
Section 16. (1) Any person employed by the state or its political subdivisions who is a participating member of this system who has been employed for a period of twenty-five or more continuous years and who leaves the employ of the state or its political subdivisions prior to the attainment of the minimum service retirement age, may elect to refuse return of his contributions and in place thereof, upon reaching minimum service retirement age, may receive the same benefits to which he would otherwise have been entitled had he continued membership in the system. No member shall be eligible for service retirement benefits, except as provided in the case of persons with 25 or more years of service, unless they are, at time of retirement, in the employ of a participating member.
κ1955 Statutes of Nevada, Page 118 (CHAPTER 76, SB 44)κ
retirement benefits, except as provided in the case of persons with 25 or more years of service, unless they are, at time of retirement, in the employ of a participating member.
(2) In the event that an employee who is a member of the system, who has contributed to the fund and who has not attained his earliest service retirement age, is separated, for any reason other than death or disability, from all service entitling him to membership in the system, he may withdraw from the fund the amount credited to him in his account.
(3) Whenever a member who has previously withdrawn the amount credited to him above returns to the service of a public employer participating in this system within 5 years after separation from previous covered employment, he must redeposit, with interest, all contributions previously withdrawn; provided, that upon his return to employment under the retirement system the employee may elect to start as a new member. If he should elect to repay his withdrawn contributions, an initial payment upon such withdrawn contributions must be made or an agreement with the retirement board upon a schedule of payments must be entered into within 6 months after reemployment and the entire amount of the withdrawn contributions must be repaid, with interest, within 5 years after return to employment. If the initial payment is not made or if the agreement is not entered into within 6 months after reemployment or if the entire amount of withdrawn contributions, with interest, is not redeposited within 5 years from the date of reemployment, the privilege of redepositing shall be withdrawn and service prior to the time of reemployment shall not be accreditable toward benefits under this system; provided, that if a reemployed member has repaid a portion of his withdrawn contributions at the conclusion of the 5-year period following reemployment but has not repaid the entire amount of such withdrawn contributions he shall be given service credit for the service affected thereby in the same proportion that his repaid contributions bear to the total amount of withdrawn contributions. Upon redepositing his withdrawn contributions, with interest, the member shall have restored completely his previous service credit which had been relinquished by the withdrawal of such contributions.
(4) An employee shall cease to be a member of the system (a) in the event that he is absent from the service of all employers participating in the system for a total of more than five (5) years during any six year period after he becomes a member of the system, or (b) in the event that during any absence from such service he withdraws the amount credited to his account in the fund.
(5) No transfer after July 1, 1948, by a member of the system from the service of one employer participating in the system to the service of another such employer shall impair any rights or deprive him of any credits accruing to him as a result of his membership in the system after July 1, 1948, and prior to the transfer.
________
κ1955 Statutes of Nevada, Page 119κ
Senate Bill No. 114Committee on Finance
CHAPTER 77
AN ACT authorizing and directing the state controller and the state treasurer to transfer the unexpended balances and moneys in certain special funds in the state treasury to the consolidated bond interest and redemption fund and the general fund therein, designating the funds and amounts to be transferred, and making provisions to carry out the purpose of this act.
[Approved March 9, 1955]
Whereas, By the provisions of chapter 125, Statutes of Nevada 1941, chapter 182, Statutes of Nevada 1947 and chapter 210, Statutes of Nevada 1949, certain bonds were authorized to be sold and the proceeds thereof used for the erection and improvement of buildings at the state prison; and
Whereas, There now remains on deposit in the state treasury in the prison building fund a balance of $2,549.30; and
Whereas, By the provisions of chapter 325, Statutes of Nevada 1949, certain bonds were authorized to be sold and the proceeds thereof used for the erection of a state office building at Carson City; and
Whereas, There now remains on deposit in the state treasury in the state office building fund a balance of $4,240.37; and
Whereas, By the provisions of chapter 173, Statutes of Nevada 1953, moneys were appropriated for the purchase of real property by the Nevada state hospital; and
Whereas, The purchase of the real property authorized by chapter 173, Statutes of Nevada 1953, has been accomplished and there now remains on deposit in the state treasury specially set aside for the purchase of such real property a balance of $400; and
Whereas, By the provisions of chapter 280, Statutes of Nevada 1951, certain moneys were provided for a laundry building at the Nevada state hospital and there now remains on deposit in the state treasury in the Nevada state hospital laundry building fund the sum of $353.03; and
Whereas, Such funds are made up of unexpended moneys and balances remaining over and above the need for which they were collected, and in their present status can be utilized for no useful purpose; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Those certain fund balances now remaining in the prison building fund in the sum of $2,549.30, and in the state office building fund in the sum of $4,240.37, are hereby ordered reverted to the consolidated bond interest and redemption fund of the State of Nevada, and the state controller and state treasurer are hereby authorized and directed to do and perform each and every thing necessary to carry into effect the provisions of this section and make proper entries thereof.
Sec. 2. Those certain fund balances now remaining in the Nevada state hospital purchase of real property fund in the sum of $400, and in the Nevada state hospital laundry building fund in the sum of $353.03, are hereby ordered reverted to the general fund of the State of Nevada, and the state controller and state treasurer are hereby authorized and directed to do and perform each and every thing necessary to carry into effect the provisions of this section and make proper entries thereof.
κ1955 Statutes of Nevada, Page 120 (CHAPTER 77, SB 114)κ
state hospital purchase of real property fund in the sum of $400, and in the Nevada state hospital laundry building fund in the sum of $353.03, are hereby ordered reverted to the general fund of the State of Nevada, and the state controller and state treasurer are hereby authorized and directed to do and perform each and every thing necessary to carry into effect the provisions of this section and make proper entries thereof.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 55Senator Lovelock
CHAPTER 78
AN ACT providing an additional and supplemental appropriation for the support of the Nevada state hospital for the biennium ending June 30, 1955.
[Approved March 9, 1955]
Whereas, By the provisions of section 45 of chapter 294, Statutes of Nevada 1953, there was appropriated for the support of the Nevada state hospital for the biennium ending June 30, 1955, the sum of $773,781.11; and
Whereas, No supplementary appropriation was made by the 46th session of the Nevada legislature to pay obligations of the Nevada state hospital then outstanding, in the sum of $11,149.33; and
Whereas, Insufficient funds were appropriated by the 46th session of the Nevada legislature to complete and equip the new kitchen-commissary at the Nevada state hospital, which failure resulted in the use of other funds to make the unit useable; and
Whereas, On July 1, 1954, personnel of the Nevada state hospital were allowed an increase in salaries conforming with salary scales as set by the state personnel board; and
Whereas, Because of the aforesaid reasons, and others, there will be a deficiency for the biennium, ending June 30, 1955; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1955, there is hereby appropriated from any money in the state treasury, not otherwise appropriated, the sum of $61,271.70 for the general support of the Nevada state hospital as an additional and supplemental appropriation to that allowed by section 45 of chapter 294, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 121κ
Senate Bill No. 24Senator Johnson
CHAPTER 79
AN ACT providing an additional and supplemental appropriation for the general support of the office of state engineer for the biennium ending June 30, 1955.
[Approved March 9, 1955]
Whereas, By section 21 of chapter 294, Statutes of Nevada 1953, there was appropriated for the general support of the office of state engineer the sum of $110,328.27; and
Whereas, From January 1, 1954, to the present time there has been an unprecedented increase in the work of the office of state engineer in the Las Vegas area, cause by the drilling of hundreds of wells monthly on government small tract homesites which require inspection, and which has necessitated the employment of additional help; and
Whereas, From January 1, 1953, to the present time there has been an unprecedented increase in the number of applications to appropriate water on desert land entries throughout the state and which has greatly increased the cost of operation of the office of state engineer; and
Whereas, Because of such necessary costs there will be a deficiency for the fiscal year ending June 30, 1955; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1955, there is hereby appropriated from any money in the state treasury of the State of Nevada, not otherwise appropriated, the sum of $5,000 for the general support of the office of state engineer as an additional and supplemental appropriation to that allowed by section 21 of chapter 294, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 31Committee on Finance
CHAPTER 80
AN ACT providing an additional and supplemental appropriation for the general support of the office of secretary of state for the biennium ending June 30, 1955.
[Approved March 9, 1955]
Whereas, By section 4, chapter 294, Statutes of Nevada 1953, there was appropriated for the general support of the office of secretary of state the sum of $89,484.14; and
Whereas, An unforeseeable expense was incurred at the general election held in November, 1954, which resulted in increased costs for printing election supplies; and
Whereas, Because of the additional and unforeseeable costs attendant upon the general election of 1954 there will be a deficiency for the fiscal year ending June 30, 1955; now, therefore,
κ1955 Statutes of Nevada, Page 122 (CHAPTER 80, SB 31)κ
ant upon the general election of 1954 there will be a deficiency for the fiscal year ending June 30, 1955; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1955, there is hereby appropriated, from any money in the state treasury not otherwise appropriated, the sum of $926.50 for the general support of the office of secretary of state as an additional and supplemental appropriation to that allowed by section 4, chapter 294, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 32Committee on Finance
CHAPTER 81
AN ACT providing an additional and supplemental appropriation for the general support of the state supreme court for the biennium ending June 30, 1955.
[Approved March 9, 1955]
Whereas, By section 40 of chapter 294 and section 2 of chapter 315, Statutes of Nevada 1953, there was appropriated for the general support of the state supreme court the sum of $126,223.50; and
Whereas, Because of an error in calculating the moneys necessary to pay the salaries of the justices of the state supreme court there will be a deficiency for the fiscal year ending June 30, 1955; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1955, there is hereby appropriated from any money in the state treasury not otherwise appropriated the sum of $1,000 for the general support of the state supreme court as an additional and supplemental appropriation to that allowed by section 40 of chapter 294 and section 2 of chapter 315, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 123κ
Senate Bill No. 67Senators Whitacre, Brown, Seevers and Munk
CHAPTER 82
AN ACT to amend an act entitled An Act providing for the appointment of a legislative auditor, prescribing his qualifications and duties, requiring all state officers and employees to provide access to books and records, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 28, 1949.
[Approved March 9, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 205, Statutes of Nevada 1949, at page 445, is hereby amended to read as follows:
Section 6. The powers and duties of the legislative auditor shall be:
(1) To perform a post-audit of all accounts, books, and other financial records of all state departments that are charged with the collection, custody, or expenditure of public funds, and to prepare a written report or reports of such audit or audits to the legislative counsel bureau, and such other person or persons hereafter designated in this act.
(2) To personally, or by his duly authorized assistants, examine and audit at least once a year all fiscal books, records, and accounts of all officers, personnel, custodians of public funds, disbursing officers, property custodians, and purchasing agents, and to make independent verifications of all assets, liabilities, revenues, and expenditures of the state, and its officers and departments, now in existence or hereafter created.
(3) To require such changes in the accounting system or systems and record or records of the state departments that in his opinion will augment or provide a uniform, adequate, and efficient system of records and accounting.
(4) To determine whether the handling of the public money is protected by adequate accounting controls.
(5) To determine whether all revenues or accounts due have been collected or properly accounted for, and whether expenditures have been made in conformance with law and good business practice.
(6) To determine whether the fiscal controls established by law and by administrative regulation are being properly applied.
(7) To determine whether fraud or dishonesty has occurred in the handling of funds or property.
(8) To determine whether property and equipment are properly accounted for, and that none is improperly used or disposed of.
(9) To determine whether the accounting reports and statements issued by the agency under examination are an accurate reflection of the operations and financial condition.
(10) To work with the executive officers of any and all state departments in outlining and installing a uniform, adequate, and efficient system of records and accounting.
κ1955 Statutes of Nevada, Page 124 (CHAPTER 82, SB 67)κ
(11) To require the aid and assistance of executives and officials, auditors, accountants, and other employees of all the state departments at all times in the inspection, examination, and audit of any and all books, accounts, and records in their possession.
(12) To employ and authorize, at his discretion and subject to his direction and responsibility, an independent public accountant or firm of public accountants, doing business within the State of Nevada, to perform an audit, inspection and examination of all books, accounts, claims, reports, vouchers or other records of all state departments whose disbursements in whole or in part are paid out of the funds received from sources other than the general fund, or whose funds may be considered funds held in trust and not used for general governmental purposes, or whose funds are invested. The expenses and costs for such independent audit shall be paid by the state department audited.
The provisions of this subsection shall not be applicable to the employment security department.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 81Senator Crumley
CHAPTER 83
AN ACT to amend an act entitled An Act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917.
[Approved March 9, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 127, is hereby amended by adding thereto a new section to be designated as section 30.6, which shall immediately follow section 30.5 and shall read as follows:
Section 30.6. The board of supervisors shall have the power to contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use of the maintenance of cables or wires underground, on the surface, or on poles for the transmission of the television picture.
Any franchise granted shall require a time within which actual construction must be commenced, a time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the board of supervisors to assure compliance therewith.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 125κ
Senate Bill No. 147Senator Crumley
CHAPTER 84
AN ACT to amend an act entitled An Act to incorporate the town of Wells, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 24, 1927.
[Approved March 9, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 141, is hereby amended by adding to chapter II thereof, a new section to be designated as section 30.5, which shall immediately follow section 30 and shall read as follows:
Section 30.5. In addition to the powers contained in section 30 of chapter II, the board of councilmen shall the powers to contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
Any franchise granted shall require a time within which actual construction must be commenced, a time within which distribution of television shall be completed, and posting of a bond in an amount to be set by the board of councilmen to assure compliance therewith.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 51Senators Whitacre, Brown, Seevers and Munk
CHAPTER 85
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 9, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 411 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, as last amended by chapter 113, Statutes of Nevada 1951, at page 148, is hereby amended to read as follows:
Section 411. Expenses of Textbook Commissioners. The members of the state textbook commission, with the exception of the governor and the superintendent of public instruction, when engaged in transacting the business of the commission, shall receive actual and necessary per diem and travel expenses as authorized by law. Funds to carry out the provisions of this chapter shall be provided by legislative appropriation from the general fund.
κ1955 Statutes of Nevada, Page 126 (CHAPTER 85, SB 51)κ
appropriation from the general fund. Bills for such compensation shall be allowed and paid in the usual manner. The state textbook commission shall not be in session more than 20 days in any 1 year.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 250Committee on Roads and Transportation
CHAPTER 86
AN ACT to amend an act entitled An Act to provide a general highway law for the State of Nevada, approved March 23, 1917.
[Approved March 10, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 169, Statutes of Nevada 1917, at page 309, also designated as sections 5320 to 5355, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 22.5, which shall immediately follow section 22 and shall read as follows:
Section 22.5. Limited Access Highways and Freeways.
1. A limited access highway or freeway is a highway especially designed for through traffic and over which abutting property owners have no easement or right of access by reason of the fact that their property abuts upon such highway, and access to which may be allowed only at highway intersections designated by the department of highways.
2. The department of highways may law out, establish, acquire, open, construct, improve, maintain, regulate, vacate or abandon limited access highways or freeways with the approval of the board of county commissioners of the county in which such limited access highway or freeway may be proposed and with the approval of the city council of any incorporated city directly affected thereby, in the same manner in which the department of highways may lay out, establish, acquire, open, construct, improve, maintain, regulate, vacate or abandon highways. The department of highways shall have all additional authority relative to such limited access highways or freeways as it possesses relative to highways, including the authority to acquire by gift, purchase, condemnation, or otherwise land required for right-of-way.
3. Where an existing highway, in whole or in part, has been designated as, or included within, a limited access highway or freeway, existing easements of access may be extinguished by purchase, gift, agreement or by condemnation.
4. As an adjunct of any limited access highway or freeway the department of highways may lay out and construct highways and drives to be designated as service highways, to provide access from areas adjacent to a limited access highway or freeway.
Sec. 2. This act shall become effective upon passage and approval
________
κ1955 Statutes of Nevada, Page 127κ
Assembly Bill No. 247Committee on Roads and Transportation
CHAPTER 87
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 10, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 25 of the above-entitled act, being section 4435.24, 1929 N.C.L. 1941 Supp., as last amended by chapter 175, Statutes of Nevada 1947, at page 613, is hereby amended to read as follows:
Section 25. There shall be paid to the department for the registration of motor vehicles, trailers, and semitrailers, fees according to the following schedule:
(a) For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a flat registration fee of $5.50.
(b) For every motorcycle the sum of $3.50.
(c) For every truck or trailer having an unladened weight of three thousand five hundred pounds or less, as shown by a public weighmasters certificate, a flat registration fee of $5.50; provided, that for every trailer having an unladened weight of one thousand pounds or less the registration fee shall be a flat fee of $2.50; provided further, that for every trailer designed for the installation of or equipped with household appliances used therein for living purposes the registration fee shall be flat fee of $5.50.
(d) For every truck, trailer, except trailers designed or equipped for living purposes, truck-tractor and semitrailer 50 cents per hundred pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property.
The provisions of chapter 92, Statutes of Nevada 1923, at page 156, entitled An Act defining public weighmaster and providing for his appointment; prescribing his duties; providing for rules and regulations governing the performance of his duties; prescribing a bond and fixing the amount thereof; providing an appropriation for carrying out the provisions of this act; and other matters relating thereto, and connected therewith, approved March 8, 1923, also designated as sections 8307 to 8319, inclusive, N.C.L.
κ1955 Statutes of Nevada, Page 128 (CHAPTER 87, AB 247)κ
a bond and fixing the amount thereof; providing an appropriation for carrying out the provisions of this act; and other matters relating thereto, and connected therewith, approved March 8, 1923, also designated as sections 8307 to 8319, inclusive, N.C.L. 1929, are hereby made applicable to this act. All motor vehicles required to be weighed under the provisions of this act shall be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the vehicle commissioner and the state sealer of weights and measures, and according to the provisions of chapter 92, Statutes of Nevada 1923. It shall be the duty of the state sealer of weights and measures from time to time, upon request of the vehicle commissioner, to appoint additional public weighmasters, according to the provisions of chapter 92, Statutes of Nevada 1923, as may be necessary to effectuate the purposes of this act; provided, public weighmasters certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the vehicle commissioner as evidence of the weight of the motor vehicle for which a license is applied.
Sec. 2. This act shall become effective July 1, 1955.
________
Assembly Bill No. 210Committee on Roads and Transportation
CHAPTER 88
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 10, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1.5a of the above-entitled act, being sections 4350 to 4373, inclusive, N.C.L. 1929, as added by chapter 288, Statutes of Nevada 1949, at page 592, is hereby amended to read as follows:
Section 1.5a. An authorized emergency vehicle may be operated on the following conditions and none other, to wit:
(a) When classified as such by the Nevada highway patrol, which patrol is hereby authorized to make classifications under this act and to designate vehicles so classified under rules promulgated by it.
(b) When the vehicle is used for the purpose mentioned in the designation but limited to responding in emergency to calls for assistance in case of fire, traffic control and the pursuit of known or suspected violators of criminal laws.
(c) When no publicly owned vehicle or an insufficient number of publicly owned vehicles is or are available for the uses mentioned in the foregoing subdivisions of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 129κ
Assembly Bill No. 183Committee on Roads and Transportation
CHAPTER 89
AN ACT to amend an act entitled An Act relating to the licensing of persons operating motor vehicles upon highways and to make uniform the law relating thereto, providing for a board of examiners therefor, defining the duty of certain officers and other persons in relation thereto, and other matters properly relating thereto, approved March 31, 1941.
[Approved March 10, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of the above-entitled act, being section 4442.09, 1929 N.C.L. 1941 Supp., as last amended by chapter 164, Statutes of Nevada 1953, at page 191, is hereby amended to read as follows:
Section 10. The department shall not issue any license hereunder:
1. To any person, as an operator, who is under the age of sixteen years, except that the department may issue a restricted license to any person who is at least fourteen years of age and who comes within the provisions of subsections (a) and (b) of section 12 of this act.
2. To any person, as a chauffeur, who is under the age of eighteen years, except as provided in section 1 of an act entitled, An act relating to the issuance of chauffeurs licenses for the operation of school busses and defining the requirements therefor, approved March 1, 1943.
3. To any person as an operator or chauffeur, whose license has been revoked until the expiration of the period for which such license was revoked; nor to any person whose license has been suspended; provided, that upon good cause shown to the administrator, the department may issue a restricted license to such person or shorten any period of suspension.
4. To any person, as an operator or chauffeur, who is an habitual drunkard, or is addicted to the use of narcotic drugs.
5. To any person, as an operator or chauffeur, who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
6. To any person, as an operator or chauffeur, who is required by this act to take an examination, unless such person shall have successfully passed such examination.
7. To any person when the administrator has good cause to believe that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways.
8. To any person when the administrator has good reason to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare; provided, two or more convictions of driving while under the influence of intoxicating liquors or of stimulating or stupefying drugs shall be sufficient evidence of conduct inimical to the public welfare and the administrator shall refuse to issue or renew a drivers or chauffeurs license for a person so convicted until it shall have been proven to the reasonable satisfaction of the administrator that such issuance or renewal is not opposed to the public interest.
κ1955 Statutes of Nevada, Page 130 (CHAPTER 89, AB 183)κ
so convicted until it shall have been proven to the reasonable satisfaction of the administrator that such issuance or renewal is not opposed to the public interest.
Sec. 2. Section 12 of the above-entitled act, being section 4442.11, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 12. (a) Any person who is at least 14 years of age may apply for a temporary instruction permit, and the department may, in its discretion, after the applicant has successfully passed all parts of the examination other than the driving test issue such permit, entitling the applicant, while having such permit in his immediate possession, to drive a motor vehicle upon the highways for a period of 60 days, but, except when operating a motorcycle, such person must be accompanied by a licensed operator or chauffeur who has had at least 1 year of driving experience and who is actually occupying a seat beside the driver.
(b) The department may, in its discretion, issue a temporary drivers permit to an applicant for an operators license permitting him to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to such applicants right to receive an operators license. Such permit must be in his immediate possession while operating a motor vehicle, and it shall be invalid when the applicants license has been issued or for good cause has been refused.
(c) The department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or more restricted period, to an applicant who is enrolled in a driver-education program which includes practice driving and which is approved by the department even though the applicant has not reached the legal age to be eligible for an operators license. Such instruction permit shall entitle the permittee when he has such permit in his immediate possession to operate a motor vehicle only on a designated highway or within a designated area but only when an approved instructor is occupying a seat beside the permittee.
________
Assembly Bill No. 181Committee on Roads and Transportation
CHAPTER 90
AN ACT to amend an act entitled An Act relating to the licensing of persons operating motor vehicles upon highways and to make uniform the law relating thereto, providing for a board of examiners therefor, defining the duty of certain officers and other persons in relation thereto, and other matters properly relating thereto, approved March 31, 1941.
[Approved March 10, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 27 of the above-entitled act, being section 4442.26, 1929 N.C.L. 1941 Supp., as amended by chapter 187, Statutes of Nevada 1943, at page 273, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 131 (CHAPTER 90, AB 181)κ
Section 27. For every license issued the following fees shall be charged:
1. Operators license $2.
2. Chauffeurs license $2.
All fees are payable to the administrator at the time a license or a renewal license is issued.
________
Assembly Bill No. 56Messrs. Von Tobel and Leighton
CHAPTER 91
AN ACT to amend an act entitled An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate commission, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 10, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 150, Statutes of Nevada 1947, as amended by chapter 204, Statutes of Nevada 1949, at page 433, is hereby amended to read as follows:
Section 6. A commission is hereby created to be known as the Nevada real estate commission, designated in this act as the commission. The commission shall consist of five members appointed by the governor.
Each member of the commission shall be a citizen of the United States and shall have been a resident of the State of Nevada for not less than 5 years, and shall have been actively engaged in business as a real estate broker within the State of Nevada for a period of at least 3 years next immediately preceding the date of his appointment.
The first vacancy occurring in the membership of the commission after the effective date of this act shall be filled by appointment by the governor for a term of 1 year. The second and third vacancies occurring in the membership of the commission after the effective date of this act shall be filled by appointment by the governor for terms of 2 years. The fourth and fifth vacancies occurring in the membership of the commission after the effective date of this act shall be filled by appointment by the governor for terms of 3 years. Thereafter, the term of the members of the commission shall be for 3 years. Members may be eligible for reappointment, but shall not serve for a period greater than 6 years consecutively, after which time they shall not again be eligible for appointment or reappointment until 3 years have elapsed from any period of previous service; but when a successor is appointed to fill the balance of any unexpired term of a member, the time served by the successor shall not apply in computing the 6 years consecutive service herein provided for unless the balance of the unexpired term exceeds 18 months, and no term of any member of the commission in office when this act becomes effective shall be used in computing the 6 years consecutive service herein provided for.
κ1955 Statutes of Nevada, Page 132 (CHAPTER 91, AB 56)κ
in computing the 6 years consecutive service herein provided for. Within 30 days following the expiration of the appointed term of each member or in the event of a vacancy arising in the commission from any cause, the governor shall appoint a successor. If a vacancy arises from a cause other than the expiration of the term, such appointment shall be for the remainder of the term. Appointments for a new term shall commence on May 1 following such appointment, and other appointments shall commence immediately upon acceptance.
At least two members of the commission shall be residents of the northern district of Nevada, and at least two members of the commission shall be residents of the southern district of Nevada. Not more than one member shall be appointed from any one county. The northern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lyon, Lander, Ormsby, Pershing, Storey and Washoe; the southern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Clark, Esmeralda, Lincoln, Mineral, Nye and White Pine.
In the event of a vacancy occurring in the commission or the absence of any member from the state for a period of 6 months without permission from the governor, the governor shall, within 30 days from the time that such a vacancy occurs, appoint a person duly qualified under this act to fill the unexpired term.
Each member of the commission shall, before entering upon the duties of his office, take the constitutional oath of office, and shall, in addition, make oath that he is legally qualified under the provisions of this act to serve as a member of the commission. The commission shall meet at Carson City annually on the 2nd Monday in July and elect a president, a vice president and a secretary-treasurer to serve for the ensuing year. The principal office of the commission shall be at Carson City. The commission it its sole discretion may designate other convenient places within the state for the establishment of branch offices of the commission, each of which shall, however, be in charge of an officer of the commission.
The commission shall hold regular meetings on the 2nd Monday of January and July of each year, one of which shall be held in the northern district of the state, and one of which shall be held in the southern district of the state, at such place or places as shall be designated by the commission for that purpose.
Special meetings of the commission shall be held at the call of the president whenever there is sufficient business to come before the commission to warrant such action, at any place most convenient to the commission, or upon written request of two members of the commission. Written notice of the time, place and purpose of all special meetings shall be given to each commission member at least 5 days prior to the holding of such special meeting. A majority of the commission shall constitute a quorum for the transaction of business, for the performance of any duty or for the exercise of any power or authority of the commission.
κ1955 Statutes of Nevada, Page 133 (CHAPTER 91, AB 56)κ
of the commission. A vacancy on the commission shall not impair the right of the remaining members to perform all the duties and exercise all the power and authority of the commission. The act of the majority of the commission when in session as a commission shall constitute the act of the commission. The commission may do all things necessary and convenient for carrying into effect the provisions of this act, and may from time to time promulgate reasonable rules and regulations for the administration of this act, which rules and regulations when so promulgated by the commission shall be published in printed or mimeographed form and distributed to all licensed real estate brokers and real estate salesmen, and made available to the general public upon request at any office of the commission.
All fees and charges received by the commission shall be deposited in a fund to be known as the Nevada real estate commission fund, and the commission is hereby empowered to expend the fund for the requirements, purposes and expenses of the commission including actual traveling expenses and compensation for each day or fraction thereof in the sum of $10 per diem, not exceeding, however, $100 per diem compensation per annum, of members in attending meetings or transacting other business of the commission, upon vouchers signed by the secretary-treasurer and countersigned by the president, or a member thereof. Total expenditures for any purpose shall not exceed total collections by the commission.
After July 1, 1955, the commission shall employ an executive secretary whose annual compensation shall be fixed by the commission, not, however, to exceed seven thousand five hundred dollars ($7,500) to be paid from commission funds received from regular revenue received by the commission under the provisions of this act. The executive secretary shall possess a broad knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts. The executive secretary shall furnish a corporate surety bond which may be continuous in form, in an amount deemed adequate by the commission, conditioned upon the faithful performance of the duties of the office and true accounting of all funds. The commission may employ legal counsel and other employees, fixing the compensation therefor, as are necessary to the discharge of its duties.
Neither the executive secretary nor any employee of the commission shall be interested in any real estate or brokerage firm nor shall the executive secretary or any such employee act as a broker or salesman or agent therefor.
The secretary-treasurer shall give a bond to the State of Nevada for the faithful performance of his duties in the sum of $2,000, the bond to be written by a surety company properly qualified to do business in this state.
The secretary-treasurer shall render to the governor an annual report in detail, on December 31 each year. The annual report shall be accompanied by an audit of the accounts of the secretary-treasurer made by the legislative auditor of the State of Nevada, or by a certified public accountant, the choice resting with the commission.
κ1955 Statutes of Nevada, Page 134 (CHAPTER 91, AB 56)κ
public accountant, the choice resting with the commission. The cost of the audit shall be paid for by the commission out of its funds received from license fees as provided for in this act.
The commission shall adopt a seal with such design as the commission may prescribe engraved thereon, by which it shall authenticate its proceedings. Copies of all records and papers in the office of the commission, duly certified and authenticated by the seal of the commission, shall be received in evidence in all courts equally and with like effect as the original. All records kept in the office of the commission under authority of this act shall be open to public inspection under such rules and regulations as shall be prescribed by the commission.
________
Assembly Bill No. 20Mr. Byrne
CHAPTER 92
AN ACT to amend an act entitled An Act defining and relating to narcotic drugs, prohibiting the use, sale, distribution, or administration thereof, except under the lawful direction of duly licensed practicing physicians, dentists, veterinarians, manufacturers, apothecaries and others, prohibiting the unlawful possession, use, sale, distribution or administration thereof, and to make uniform the law with reference thereto, prescribing penalties for the violation hereof, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict herewith, approved February 24, 1937.
[Approved March 10, 1955]
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 5091.01, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 1. Definitions. The following words and phrases, as used in this act, shall have the following meanings, unless the context otherwise requires:
(1) Person includes any corporation, association, copartnership, or one or more individuals.
(2) Physician means a person authorized by law to practice medicine in this state, and any other person authorized by law to treat sick and injured human beings in this state, and to use narcotic drugs in connection with such treatment.
(3) Dentist means a person authorized by law to practice dentistry in this state.
(4) Veterinarian means a person authorized by law to practice veterinary medicine in this state.
(5) Manufacturer means a person who by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescription.
(6) Wholesaler means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions.
κ1955 Statutes of Nevada, Page 135 (CHAPTER 92, AB 20)κ
he himself has not produced nor prepared, on official written orders, but not on prescriptions.
(7) Apothecary means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in this act shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state.
(8) Hospital means an institution for the care and treatment of the sick and injured, approved by the state board of health as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian.
(9) Laboratory means a laboratory approved by the state board of health as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction.
(10) Sale includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.
(11) Coca leaves includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.
(12) Opium includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium, but does not include apomorphine or any of its salts.
(13) Cannabis includes all parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
(13a) Barbiturates are defined as any salt of barbituric acid and shall include, but without limitation, the following substances: (a) verinal, (b) barbital, (c) amytal, and (d) luminal.
(14) Narcotic drugs means coca leaves, opium, isonipecaine, cannabis, barbiturates, and every other substance neither chemically nor physically distinguishable from them, and any other drugs to which the federal laws relating to narcotic drugs may now apply, or may hereafter apply.
(15) Federal narcotic laws means the laws of the United States relating to opium, coca leaves, and other narcotic drugs.
(16) Official written order means an order written on a form provided for that purpose by the United States commissioner of narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the State board of health.
κ1955 Statutes of Nevada, Page 136 (CHAPTER 92, AB 20)κ
such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the State board of health.
(17) Dispense includes distribute, leave with, give away, dispose of, or deliver.
(18) Registry number means the number assigned to each person registered under the federal narcotic laws.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 264Nye County Delegation
CHAPTER 93
AN ACT to amend an act entitled An Act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, establishing assembly districts in certain counties of the State, and providing for the election therefrom of members of the assembly, approved March 27, 1947.
[Approved March 10, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3.5 of the above-entitled act, being chapter 189, Statutes of Nevada 1947, at page 653, as added by chapter 15, Statutes of Nevada 1953, at page 12, is hereby amended to read as follows:
Section 3.5. Nye County is divided into two assembly districts as follows: (a) All that portion of Nye County comprising the election precincts of Manhattan, Round Mountain, Tonopah No. 1, Tonopah No. 2 and Tonopah No. 3 as presently constituted shall be known as assembly district No. 1, with one assemblyman to be elected at large therein. (b) All the remaining portion of Nye County shall be known as assembly district No. 2, with one assemblyman to be elected at large therein.
Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 137κ
Senate Bill No. 162Senator Lattin
CHAPTER 94
AN ACT to amend an act entitled An Act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict with this act, approved March 28, 1953.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 540, is hereby amended to read as follows:
Section 1. From and after the first day of April 1955 the county officers of Churchill County named in this act shall receive the following salaries and fees in full compensation for their services.
Sec. 2. Section 2 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 540, is hereby amended to read as follows:
Section 2. The sheriff and ex officio license collector shall receive the sum of $4,200 per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 3. Section 3 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, is hereby amended to read as follows:
Section 3. The county recorder and ex officio auditor shall receive the sum of $4,200 per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 4. Section 4 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, is hereby amended to read as follows:
Section 4. The county assessor shall receive the sum of $4,200 per annum.
Sec. 5. Section 5 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, is hereby amended to read as follows:
Section 5. The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive the sum of $4,200 per annum.
Sec. 6. Section 6 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 138 (CHAPTER 94, SB 162)κ
Section 6. The county commissioners shall receive the sum of $1,300 per annum each.
Sec. 7. Section 7 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, is hereby amended to read as follows:
Section 7. The district attorney shall receive a salary of $4,200 per annum, and shall also be allowed his actual expenses when called from the county seat in the discharge of the official duties of district attorney.
Sec. 8. Section 10 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, is hereby amended to read as follows:
Section 10. This act shall be effective from and after April 1, 1955.
Sec. 9. This act shall become effective on and after April 1,1955.
________
Senate Bill No. 149Senators Whitacre and Lemaire
CHAPTER 95
AN ACT to amend the title of and to amend an act entitled An Act to provide a seal of state for the State of Nevada, approved February 24, 1866.
[Approved March 11, 1955]
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 41, Statutes of Nevada 1866, at page 94, is hereby amended to read as follows:
An act to provide a seal of state for the State of Nevada; providing a penalty for malicious or commercial use, and other matters properly relating thereto.
Sec. 2. The above-entitled act, being chapter 41, Statutes of Nevada 1866, at page 94, also designated as section 7610, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 2, which shall immediately follow section 1 and shall read as follows:
Section 2. Every person who maliciously or for commercial purposes uses, or allows to be used, any reproduction or facsimile of the great seal of the State of Nevada, in any manner whatsoever, shall be guilty of a misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 139κ
Senate Bill No. 73Senators Whitacre, Brown, Seevers and Munk
CHAPTER 96
AN ACT authorizing the boards of county commissioners in the various counties to use and provide special pencils for marking election ballots; providing for canvassing ballots by electronic tabulators at central canvassing places, and other matters properly relating thereto.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners in any county within this state may, in its discretion, provide for the marking of ballots with a specially prepared pencil which will mark the ballot with a substance that will enable an electronic tabulator to register the vote. If such a procedure is adopted in any locality or precincts within the county, the board of county commissioners may also order that, in lieu of the canvass at the polls, the ballots shall be transmitted to a central canvassing place where the vote shall be counted and tabulated by electronically operated machines devised for the purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 273Mr. Lambert
CHAPTER 97
AN ACT to amend an act entitled An Act to create a board of county commissioners in the several counties of this state and to define their duties and powers and qualifications, authorizing the levy of license taxes for revenue purposes, defining certain duties of county auditors as regards their accountability to the boards of county commissioners, and prescribing the duties of such county auditors as regards a monthly detailed report to certain school districts as to the condition of the funds of such districts, prescribing certain duties of the district attorneys, and other matters properly relating thereto, approved March 8, 1865.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 80, Statutes of Nevada 1865, at page 257, also designated as sections 1935 to 1962, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 8.5 which shall immediately follow section 8 and shall read as follows:
Section 8.5. In addition to the powers enumerated in section 8 hereof the board of county commissioners shall have power and jurisdiction in their respective counties to grant to any person, company or association a franchise to construct, maintain and operate a television installation system which requires the use of county property or the property of any unincorporated town in the county or that portion of the county or unincorporated town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
κ1955 Statutes of Nevada, Page 140 (CHAPTER 97, AB 273)κ
the county or unincorporated town dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture. The provisions of chapter 168, Statutes of Nevada 1909, being sections 3183 to 3195, inclusive, N.C.L. 1929, shall not be applicable to any franchise granted under the provisions of this section, and a member of any board of county commissioners within this state shall be allowed to vote on any such franchise which extends beyond his term of office, irrespective of the provisions of chapter 96, Statutes of Nevada 1895, being sections 1973 and 1974, N.C.L. 1929.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 274Mr. Lambert
CHAPTER 98
AN ACT to amend an act entitled An Act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 125, Statutes of Nevada 1907, at page 241, also designated as sections 1100 to 1212, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 28 3/4, which shall immediately follow section 28 1/2 and shall read as follows:
Section 28 3/4. The city council shall also have the power to contract with, authorize or grant any person, company or association a franchise, to construct, maintain and operate a television installation system which requires the use of city property or that portion of the city dedicated to public use for the maintenance of cables or wires underground, on the surface or on poles for the transmission of the television picture.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 141κ
Assembly Bill No. 306Nye County Delegation
CHAPTER 99
AN ACT to amend an act entitled An Act fixing the compensation of certain officers in Nye County, and other matters properly relating thereto; and repealing certain acts and parts of acts, approved February 26, 1953.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 22, is hereby amended to read as follows:
Section 1. The sheriff of Nye County shall receive an annual salary of $4,800, payable in equal monthly installments, in full compensation for his services to Nye County as sheriff and all official and ex officio duties of any kind whatsoever, and shall have one undersheriff, to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct. The undersheriff shall receive a salary not to exceed $300 per month, and the deputies shall receive salaries not to exceed $300 per month. The sheriff shall be allowed all his actual traveling expenses to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury such fees as are provided for in an act of the legislature of the State of Nevada 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; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.
Sec. 2. Section 2 of the above-entitled act, being chapter 26, Statutes of Nevada, 1953, at page 23, is hereby amended to read as follows:
Section 2. The county clerk and treasurer of Nye County shall receive an annual salary of $4,800, payable in equal monthly installments, as full compensation for his services to Nye County as such officer or in any ex officio capacity of any kind whatsoever, and shall be allowed one deputy, to be named by him, to be paid a salary not to exceed $300 per month, and such other deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, not to exceed $275 per month. The county clerk and treasurer shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners.
κ1955 Statutes of Nevada, Page 142 (CHAPTER 99, AB 306)κ
clerk and treasurer shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners.
The county clerk and treasurer shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are now provided by law for services in his office.
Sec. 3. Section 3 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 23, is hereby amended to read as follows:
Section 3. The county recorder and auditor of Nye County shall receive an annual salary of $4,800 payable in equal monthly installments, in full compensation for all his services to the county as such officer, and shall have one deputy to be selected by him, and to be paid a salary not to exceed $300 per month, and such other deputies, typists or stenographers, to be selected by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed $275 per month. The county recorder and auditor shall be allowed all of his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners. The county recorder and auditor shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are provided by law for services in his office.
Sec. 4. Section 4 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 23, is hereby amended to read as follows:
Section 4. The district attorney of Nye County shall receive an annual salary of $4,800, payable in equal monthly installments, for all his services as such officer. He may have such deputy or deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed $275 per month. He shall be allowed all his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.
Sec. 5. Section 5 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 24, is hereby amended to read as follows:
Section 5. The county assessor of Nye County shall be paid an annual salary of $4,800, payable in equal monthly installments, for all his services as such officer. He may have such deputy or deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed $300 per month.
κ1955 Statutes of Nevada, Page 143 (CHAPTER 99, AB 306)κ
exceed $300 per month. The county assessor shall be allowed his travel expenses in the same manner as are other county officers.
Sec. 6. All acts and parts of acts insofar as they may be inconsistent with the provisions of this act are hereby repealed.
Sec. 7. This act shall be effective from and after April 1, 1955.
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Assembly Bill No. 282Miss Frazier
CHAPTER 100
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 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 89 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 126, is hereby amended to read as follows:
Section 89. Kindergartens-How Established-Special Tax, When-Kindergarten Fund. The board of school trustees of every school district in this state may establish, equip, and maintain a kindergarten or kindergartens in such school district upon petition of the parents or guardians of twenty-five (25) or more resident children who will be eligible to attend such kindergarten under the provisions of this section. No child shall be eligible for entrance and attendance in any kindergarten unless at the time of admission he is 1 year younger than the age requirements for first grade as set forth in section 1 of this act. The board of school trustees of every such school district in which a kindergarten is established under the provisions of this school code shall, at least fifteen (15) days before the first day of the month in which the boards of county commissioners in this state are required by law to levy the taxes required for county purposes, submit to the board of county commissioners of the particular county in which said school district is situated, an estimate of the money necessary for the establishment, equipment and maintenance of such a kindergarten or kindergartens in its district; and, if sufficient money for the same is not available in the school funds of such school district, then said board of county commissioners shall have power to direct that a special tax not to exceed twenty-five (25’) cents on the one hundred ($100) dollars of assessed valuation of the taxable property within such school district shall be levied; and, upon notification by the clerk of the board of school trustees of such school district that such action has been taken, such board of county commissoners shall levy and cause to be collected such tax upon all the taxable property in such school district. The money so levied shall be known as the kindergarten fund of.................................school districts, and shall be available to any such school board for the establishment, equipment and maintenance of such kindergarten or kindergartens; and the moneys drawn from such fund shall be paid out in the same manner as are the moneys from the state and county school funds for the maintenance of the elementary schools in this state.
κ1955 Statutes of Nevada, Page 144 (CHAPTER 100, AB 282)κ
school board for the establishment, equipment and maintenance of such kindergarten or kindergartens; and the moneys drawn from such fund shall be paid out in the same manner as are the moneys from the state and county school funds for the maintenance of the elementary schools in this state. If the average daily attendance in any kindergarten in any school district shall be ten (10) or less for the preceding school year, the board of school trustees of such school district shall, at the close of that school year, discontinue such kindergarten. In case a kindergarten shall be discontinued as provided in this section, the property and funds of such kindergarten shall immediately revert to the elementary school or schools of such school district in which said kindergarten has been located, for use of such elementary school.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 141Clark County Delegation
CHAPTER 101
AN ACT to amend an act entitled An Act to prohibit certain persons from loitering in saloons, and fixing penalties for the violation thereof, approved March 19, 1949.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 99, Statutes of Nevada 1949, at page 126, is hereby amended to read as follows:
Section 1. Any person under twenty-one (21) years of age who shall loiter or remain on the premises of any saloon where spirituous, malt, or fermented liquors or wine are sold, is guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). Nothing in this section shall apply to:
1. Establishments wherein spirituous, malt or fermented liquors or wines are served only in conjunction with regular meals and where dining tables or booths are provided separate from the bar; or
2. Any grocery store or drugstore where spirituous, malt or fermented liquors or wines are not sold by the drink for consumption on the premises.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 145κ
Assembly Bill No. 98Mr. Dotson
CHAPTER 102
AN ACT providing an additional and supplemental appropriation for the general support of the office of attorney general for the biennium ending June 30, 1955.
[Approved March 11, 1955]
Whereas, An office for the attorney general has been established in Las Vegas, Nevada; and
Whereas, No provision was made for the payment of the salary for a legal stenographer in that office for the biennium ending June 30, 1955; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1955, there is hereby appropriated from any money in the state treasury not otherwise appropriated the sum of $1,600 for the general support of the office of attorney general as an additional and supplemental appropriation to that supplied by section 5 of chapter 295, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 149Mr. Nevin
CHAPTER 103
AN ACT to amend an act entitled An Act providing for the issuance of licenses to hoisting engineers; providing a fee for such licenses; creating district boards of examiners; providing for revocation of licenses; creating the hoisting engineers license fund in the state treasury; making a temporary appropriation for carrying out the purposes of this act, and providing a penalty for violation of any of the provisions hereof, approved March 22, 1921.
[Approved March 11, 1955]
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 4258, N.C.L. 1929, is hereby amended to read as follows:
Section 1. It shall be unlawful for any person to operate any steam, electric, gas, air, or any other hoisting machinery over 6 horsepower when either is used in lowering or hoisting men in a mine without first obtaining a license therefor from the board of examiners as herein provided; except in case of accident, sickness, refusal to work, or any unforeseen prevention of the use of the services of the licensed engineer employed by the owner, renter or user of a steam, electric, gas, air, or any other hoisting machinery operated at a mine in a remote district and which would retard the work to be performed, in which case the owner, renter, or user may, for the space of 30 days, employ any person of the age of 20 years or more whom he may consider competent to run any of the machinery aforesaid, although such person so employed may not be a holder of a hoisting engineers license.
κ1955 Statutes of Nevada, Page 146 (CHAPTER 103, AB 149)κ
any person of the age of 20 years or more whom he may consider competent to run any of the machinery aforesaid, although such person so employed may not be a holder of a hoisting engineers license. The person, firm or corporation so employing the unlicensed engineer must immediately notify the inspector of mines, who is hereby made ex officio chairman of all examining boards; but no owner, renter or user of any of the hoisting machinery aforesaid shall be allowed to so employ unlicensed hoisting engineers for more than 30 days in any one calendar year. It is unlawful, except as stated in this section, for any person, firm or corporation to employ any person not duly licensed as a hoisting engineer, within the meaning of this act, to run or operate at a mine any steam, electric, gas, air, or any other hoisting machinery subject to the provisions of this act.
Sec. 2. Section 9 of the above-entitled act, being section 4265, N.C.L. 1929, as last amended by chapter 127, Statutes of Nevada 1947, at page 449, is hereby amended to read as follows:
Section 9. Licenses issued under this act shall be divided into three classes, namely, first class, second class, and third class. First- and second-class licenses shall each be subdivided into two classes; namely, single drum and double drum; and any person who otherwise meets the legal requirements for the issuance of a first- or second-class license shall not be refused the same by reason of the fact that he has had experience in the operation of hoisting machinery of the single-drum type only; but each first- or second-class license, when granted, shall designate whether it be for the operation of hoisting machinery of the single-drum or double-drum type. No person shall be granted a first-class license who has not taken and subscribed to an oath that he has had at least 2 years experience in the operation of at least one of the engines named in section 1 of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery. No person shall be granted a second-class license who has not taken and subscribed to an oath, and proved to the satisfaction of the board of examiners that he has had at least one years experience, and that he is competent to operate at least one of the engines named in section 1 of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery. No person shall be granted a third-class license who has not taken and subscribed to an oath, and proved to the satisfaction of the board of examiners that he has had sufficient experience and is competent to operate at least one of the engines named in section 1 of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery. Any man over twenty years of age and not addicted to the use of intoxicating liquors or drugs may be an apprentice hoisting engineer, but only under the tutelage of a hoisting engineer who holds a Nevada hoisting engineers license in good standing and qualifying said engineer to operate the type and horsepower of hoist in which operation the apprentice hoisting engineer is being instructed; provided, when a signal is given to hoist or lower men, the licensed engineer there present must take charge of the hoist; the apprentice shall not be allowed to handle the hoist when men are on the cage or skip until such apprentice has been examined by the board of hoisting engineers, as provided in this act, and has been granted a hoisting engineers license authorizing him to operate hoisting engines of the type and horsepower of such hoist.
κ1955 Statutes of Nevada, Page 147 (CHAPTER 103, AB 149)κ
good standing and qualifying said engineer to operate the type and horsepower of hoist in which operation the apprentice hoisting engineer is being instructed; provided, when a signal is given to hoist or lower men, the licensed engineer there present must take charge of the hoist; the apprentice shall not be allowed to handle the hoist when men are on the cage or skip until such apprentice has been examined by the board of hoisting engineers, as provided in this act, and has been granted a hoisting engineers license authorizing him to operate hoisting engines of the type and horsepower of such hoist.
Sec. 3. Section 15 of the above-entitled act, being section 4271, N.C.L. 1929, is hereby amended to read as follows:
Section 15. Any license granted under the provisions of this act may be revoked or suspended by the examining board granting the same for cause appearing sufficient to the board, after due notice to the licensed engineer of charges pending against him, and an opportunity afforded him to appear and defend the same.
Sec. 4. Section 16 of the above-entitled act, being section 4272, N.C.L. 1929, is hereby amended to read as follows:
Section 16. Every applicant for a hoisting engineers license must inform himself of the safety laws appertaining to mining, and all bell-code signals, in order to operate cage, skip, or bucket; and any licensed hoisting engineer who knowingly hoists or lowers men who are violating any of the provisions of the mine safety laws, or who shall himself violate any of such laws, shall be subject to a revocation or suspension of his license.
Sec. 5. Section 21 of the above-entitled act, being section 4277, N.C.L. 1929, is hereby amended to read as follows:
Section 21. The state shall be divided into the following examining districts, wherein the examinations herein contemplated shall be held: District No. 1, Storey, Ormsby, Douglas and Washoe Counties; District No. 2, Humboldt and Pershing Counties and the north half of Lander County; District No. 3, Elko County and the north half of Eureka County; District No. 4, White Pine County; District No. 5, the south half of Eureka County and the south half of Lander County; District No. 6, Lincoln County; District No. 7, Clark County; District No. 8, Nye, Esmeralda and Mineral Counties; District No. 9, Churchill and Lyon Counties. All applicants shall have reasonable notice of the time and place where examinations will be held.
Sec. 6. Section 24 of the above-entitled act, being section 4280, N.C.L. 1929, is hereby amended to read as follows:
Section 24. Any board of examiners shall have the right to revoke or suspend any license issued under the provisions of this act, as further provided in section fifteen of this act.
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κ1955 Statutes of Nevada, Page 148κ
Assembly Bill No. 150Mr. Nevin
CHAPTER 104
AN ACT to amend an act entitled An Act creating the office of inspector of mines; fixing his duties, powers and compensation; providing for the appointment of deputy mining inspectors and fixing their compensation; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney-general and district attorneys in relation to suits instituted by the inspector of mines, approved March 24, 1909.
[Approved March 11, 1955]
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 4211, N.C.L. 1929, as amended by chapter 8, Statutes of Nevada 1915, at page 9, is hereby amended to read as follows:
Section 4. It shall be the duty of the inspector of mines at least once a year, to visit in person each mining county in the State of Nevada and examine all such mines therein as, in his judgment, may require the examination for the purpose of determining the condition of such mines as to safety, and said inspector of mines shall post or cause to be posted, in a prominent place upon the gallows-frame or other superstructure at the collar of the main workings of such mine, a copy of his recommendations within twenty-four hours from the date of such examination, and it shall be the duty of the inspector of mines to collect information and statistics relative to mines and mining and the mineral resources of the state.
Sec. 2. Section 7 of the above-entitled act, being section 4214, N.C.L. 1929, is hereby amended to read as follows:
Section 7. Whenever the inspector of mines shall receive a formal complaint in writing, signed by one or more persons, setting forth that the mine in which he is employed is dangerous in any respect, he shall, in person, visit and examine such mine; provided, every such formal complaint shall in all case specifically set forth the nature of the danger existing at the mine, and shall describe with as much certainty as possible the conditions rendering such mine dangerous, and shall set forth the time when such danger was first observed, and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants or any one else to their knowledge to the superintendent or other person in charge of such mine, and if no such complaint has been made to such superintendent or other person in charge, the reason why it has not been made. After such complaint shall have been received by the inspector of mines, it shall be the duty of such inspector as soon as possible after receiving such complaint, to visit and examine such mine; and if from such examination he shall find such complaint to be just, he shall give notice in writing of the danger existing, to the owner, lessor, lessee, agent, manager, or other person in charge thereof, and in such notice may, in his discretion, order such mine or workings in which danger exists, closed until danger has been removed.
κ1955 Statutes of Nevada, Page 149 (CHAPTER 104, AB 150)κ
until danger has been removed. The names of the complainants complaining as in this section provided, shall not, under any circumstances, be divulged to any person by said inspector except such action be necessary in the administration of justice in the courts of the state.
Sec. 3. Section 10 of the above-entitled act, being section 4217, N.C.L. 1929, as amended by chapter 204, Statutes of Nevada 1947, at page 681, is hereby amended to read as follows:
Section 10. Whenever a serious or fatal accident shall occur in any mine in the State of Nevada, it shall be the duty of the owner, lessor, lessee, agent, manager, or other person in charge thereof immediately, and by the quickest means, to notify the inspector of mines, or his deputy, as may be most convenient, of such accident; and the inspector or his deputy, or both, shall at once repair to the place of accident and investigate fully the cause of such accident; and the inspector, or his deputy, shall be present at any coroners inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest. If the inspector or deputy inspector cannot be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the owner, lessor, lessee, agent, manager, or other person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such accident; in case of no person being present at the time of the accident, then the statement of those first present thereafter shall be taken, which statement shall be verified, and such verified statements shall be placed in the hands of the inspector, or deputy inspector, upon the demand of such officer. Whenever any deputy inspector is present at any coroners inquest and assists in the examination, he shall, at the conclusion thereof, at once prepare and forward to the inspector a full and detailed report of the accident, giving all information obtainable regarding the same. It shall be the duty of every owner, lessor, lessee, agent, manager, or other person in charge of any mine, mill, or smelter in this state to give or mail to the inspector of mines at his office in Carson City a written report of every accident, of whatever kind or nature, occurring in or at such mine, mill, or smelter and causing the injured person to lose working time other than the day on which the accident occurred, whenever such accident is reported to the party or parties in charge of such mine, mill, or smelter. Such report to the inspector of mines must be given or mailed as soon as possible, and in no case later than 15 days after the accident occurs, and shall state how and when the accident happened, the name, address, age, and occupation of the injured person, the nature and extent of his injuries and such other information as the inspector of mines shall require for his records.
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κ1955 Statutes of Nevada, Page 150κ
Assembly Bill No. 148Mr. Nevin
CHAPTER 105
AN ACT to repeal an act entitled An Act authorizing and directing the state treasurer of the State of Nevada to transfer certain sums from the hoisting engineers license fund to the general fund of the State of Nevada, approved March 10, 1941.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 29, Statutes of Nevada 1941, at page 32, also designated as section 4294.01, 1929 N.C.L. 1941 Supp., is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 113Mr. Barnum
CHAPTER 106
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 11, 1955]
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 4351, 1929 N.C.L. 1941 Supp., as last amended by chapter 247, Statutes of Nevada 1953, at page 331, 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 $25 nor more than $500 or by imprisonment in the county jail for a period to be fixed by the court not to exceed 6 months, or by both fine and imprisonment, and the license of the person convicted to operate a vehicle in this state may, by the decisions of the court 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 fine of not less than $100 nor more than $500 and by imprisonment in the county jail for not less than 10 days nor more than 6 months, and his license to operate a vehicle in this state shall be revoked for 2 years by the public service commission of Nevada.
κ1955 Statutes of Nevada, Page 151 (CHAPTER 106, AB 113)κ
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.
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Assembly Bill No. 228Messrs. Christensen (Clark) and Dotson
CHAPTER 107
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 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 407 of the above-entitled act, being section 10359, N.C.L. 1929, as last amended by chapter 131, Statutes of Nevada 1941, at page 308, is hereby amended to read as follows:
Section 407. Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than 6 months, or by a fine not to exceed $500, or both such fine and imprisonment. The word credit as used herein shall be construed to be an arrangement or understanding with the bank or depositary for the payment of such check or draft. If payment of money is refused on any instrument mentioned above calling for the payment of money, because the maker has insufficient money with the drawee to meet and make payment of the same, and the person who shall make, pass, utter or publish said instrument shall fail to deposit with the person, bank, firm, partnership or corporation upon which the paper is drawn, within ten days from the date the said instrument was presented for payment, a sufficient sum to pay the amount called for in the instrument, or shall fail to pay to the person holding the instrument the amount thereof, together with any protest fees that have been paid thereon, it shall be prima facie evidence that the person who made, passed, uttered or published the instrument intended to defraud; and provided further, that if any person shall sign his name to a check or draft which has inscribed over his signature the words I hereby represent that the amount called for in this instrument is on deposit to my credit free of any claim, and acknowledge that this amount has been paid to me upon representation of such fact, and payment of such check or draft is thereafter refused by the person, bank, firm, partnership or corporation upon which it is drawn, because such person shall have no money, property, or credit, or shall have insufficient money, property or credit with the drawee of the said instrument to meet and make payment of the same, it shall be prima facie evidence that the person who made, passed, uttered or published said instrument intended to defraud.
κ1955 Statutes of Nevada, Page 152 (CHAPTER 107, AB 228)κ
free of any claim, and acknowledge that this amount has been paid to me upon representation of such fact, and payment of such check or draft is thereafter refused by the person, bank, firm, partnership or corporation upon which it is drawn, because such person shall have no money, property, or credit, or shall have insufficient money, property or credit with the drawee of the said instrument to meet and make payment of the same, it shall be prima facie evidence that the person who made, passed, uttered or published said instrument intended to defraud.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 15Committee on Judiciary
CHAPTER 108
AN ACT to amend an act entitled An Act to define contributory dependency and contributory delinquency, and to make the same a misdemeanor, and to provide for the punishment of persons guilty thereof, approved March 23, 1909.
[Approved March 11, 1955]
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 1039, N.C.L. 1929, as last amended by chapter 20, Statutes of Nevada 1921, at page 21, is hereby amended to read as follows:
Section 1. Contributory Dependency, Contributory Delinquency: Definition; Punishment.
1. As used in the act, unless the context otherwise requires, a dependent child or delinquent child means any person less than 18 years of age:
(a) Who is found begging, receiving or gathering alms, or who is found in any street, road or public place for the purpose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing.
(b) Who has no parent or guardian; or who has no parent or guardian willing to exercise or capable of exercising proper parental control; or who has no parent or guardian actually exercising such proper parental control, and who is in need of such control.
(c) Who is destitute, or who is not provided with the necessities of life by his parents, and who has no other means of obtaining such necessities.
(d) Whose home is an unfit place for him, by reason of neglect, cruelty or depravity of either of his parents, or of his guardian or other person in whose custody or care he is.
(e) Who is found living in any house of ill fame, or with any disreputable person.
(f) Who is found wandering and either has no home, no settled place of abode, no visible means of subsistence or no proper guardianship.
κ1955 Statutes of Nevada, Page 153 (CHAPTER 108, AB 15)κ
place of abode, no visible means of subsistence or no proper guardianship.
(g) Who is a vagrant or who frequents the company of criminals, vagrants, or prostitutes, or persons so reputed; or who is in any house of prostitution or assignation.
(h) Who unlawfully visits a saloon where any spirituous, vinous, or malt liquors are sold, bartered, exchanged or given away.
(i) Who habitually uses intoxicating liquors or who uses opium, cocaine, morphine, or other similar drug without the direction of a competent physician.
(j) Who persistently or habitually refuses to obey the reasonable and proper orders or directions of his parents, guardian or custodian; or who is beyond the control of such person.
(k) Who is an habitual truant from school.
(l) Who is leading, or from any cause is in danger of leading, an idle, dissolute, lewd or immoral life.
(m) Who writes or uses vile, obscene, profane or indecent language, or is guilty of indecent, immoral or lascivious conduct.
(n) Who violates any law of this state or any ordinance of any town, city or county of this state defining crime.
2. When the charge against any person under this act concerns the dependency of a child or children, the offense, for convenience, may be termed contributory dependency, and when it concerns the delinquency of a child or children, for convenience it may be termed contributory delinquency.
3. Any person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the age of 18 to become a dependent child or delinquent child, as defined in this act, or which act or omission contributes thereto, or any person who, by any act or omission, or by threats, command or persuasion, induces or endeavors to induce any person under the age of 18 to perform any act or to follow any course of conduct or to so live as would cause or manifestly tend to cause any such person to become or to remain a person who is a dependent child or delinquent child, as defined in this act, shall be guilty of contributory dependency or contributory delinquency, and upon conviction thereof shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 6 months, or by both fine and imprisonment.
Sec. 2. Sections 2, 3, 4, 5, 6, 7 and 8 of the above-entitled act, being sections 1040, 1041, 1042, 1043, 1044, 1045 and 1046, N.C.L. 1929, are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 154κ
Senate Bill No. 60Committee on State and County Affairs
CHAPTER 109
AN ACT to amend an act entitled An Act to declare the necessity of creating governmental subdivisions of the state, to be known as soil conservation districts, to engage in conserving soil resources and preventing and controlling soil erosion; to establish the state soil conservation committee, and to define its powers and duties; to provide for the creation of soil conservation districts; to define the powers and duties of soil conservation districts, and to provide for the exercise of such powers, including the power to acquire property by purchase, gift, and otherwise; to empower such districts to adopt programs and regulations for the discontinuance of land-use practices contributing to soil wastage and soil erosion, and the adoption and carrying out of soil-conserving land-use practices, and to provide for the enforcement of such programs and regulations; to provide for establishing boards of adjustment in connection with land-use regulations, and to define their functions and powers; to provide for financial assistance to such soil conservation districts; to provide an appropriation therefor, approved March 30, 1937.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 212, Statutes of Nevada 1937, at page 497, also designated as sections 6870.01-6870.18, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 5.5, which shall immediately follow section 5 and shall read as follows:
Section 5.5. Petitions to change the boundary of the district may be filed with the state soil conservation committee at any time following the organization of a district. The petitions must indicate either that the territory to be separated from a district is to be included in an existing district or is to be organized into a new district, and must contain a statement from the district from which territory is to be taken away that the proposed change in boundary is approved. The proceedings herein provided for in the case of petitions to organize a district shall be followed, except that when a change in boundary occasions the addition of territory to an existing district the application for a certificate of inclusion shall be signed by the chairman and the secretary of the district into which the additional territory is to be included. The committee shall prescribe the form of the petition, which shall be as nearly as may be in the form prescribed in this act for petitions to organize a district. Where the total number of land occupiers in the area affected by a proposed change in boundary shall be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held. In referenda upon petitions for changes in boundary, all occupiers of land lying within the area affected by the proposed change in boundary shall be eligible to vote.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 155κ
Assembly Bill No. 277Messrs. Harmon, Godbey, Byrne, Kean, Lambert and Hose
CHAPTER 110
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911.
[Approved March 11, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 148, as last amended by chapter 105, Statutes of Nevada 1953, at page 102, is hereby amended to read as follows:
Section 3. Officers, Election of-Election, When and How Held; Commissioners Classes of Ballot. After said election, as above provided for, and on the first Tuesday after the first Monday in May 1913 and on the same day every two years thereafter, until the year 1927, there shall be elected at large by the qualified voters of the city of Las Vegas, at a general election to be held for that purpose, a mayor and four commissioners. Said officers, until the year 1927, shall hold office for a period of two years, and until their successors shall have been elected and qualified.
On the first Tuesday after the first Monday in May 1927, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, a mayor who shall be elected and hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in May 1927, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, four commissioners, two of whom shall each be designated by an odd number and two of whom shall each be designated by an even number. The two commissioners designated by the odd numbers and so elected shall be elected and hold office for a period of four years, and until their successors are elected and qualified. The two commissioners designated by the even numbers and so elected shall be elected and hold office for a period of two years, and until their successors are elected and qualified.
On the first Tuesday after the first Monday in May 1929, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, two commissioners, who shall be elected and hold office for a period of four years, and until their successors are elected and qualified.
On the first Tuesday after the first Monday in May 1945, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city both a judge of the municipal court and a city attorney, who shall be elected and hold office for a period of four years and until their successors are elected and qualified.
κ1955 Statutes of Nevada, Page 156 (CHAPTER 110, AB 277)κ
and a city attorney, who shall be elected and hold office for a period of four years and until their successors are elected and qualified.
The board of commissioners of said city shall, not later than the first Tuesday in March of each year in which said general city election is to be held, order such general election, and shall determine the places in said city for holding the same, the mayor of said city shall forthwith make proclamation thereof, and otherwise said election and the manner of holding 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 of the part of the general laws of the state to provide for some feature of said city election, then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same 1, 2, 3, and 4. Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of the class to which he desires to become a candidate, and his name shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class. Each person desiring to become a candidate for commissioner as aforesaid, shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class.
Sec. 2. Any other provision relating to section 3 of chapter II of chapter 132, Statutes of Nevada 1911, as amended by chapter 132, Statutes of Nevada 1949, at page 221, and chapter 105, Statutes of Nevada 1953, at page 102, in conflict herewith, are deemed ineffective and inapplicable.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 157κ
Assembly Bill No. 254Messrs. Hunter and Irwin
CHAPTER 111
AN ACT to amend an act entitled An Act relating to aeronautics, to authorize and enable the State of Nevada to develop a state-wide system of airports and landing areas to serve the aviation needs of the state and in connection therewith to accept federal aid and to engage in the acquisition, construction, maintenance, and operation of airports, landing areas, and air navigation facilities within and without the state, and declaring such to be a public purpose, authorizing eminent domain proceedings, and for such purposes earmarking and setting aside tax funds collected on the sale of aviation fuel, and authorizing the appropriation of funds made available for such purposes and authorizing the Nevada state highway department to administer such activities from funds available for such purposes, approved March 29, 1949.
[Approved March 11, 1955]
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 246, Statutes of Nevada 1949, at page 539, is hereby amended to read as follows:
Section 3. For the purpose of carrying out the provisions of this act, the Nevada tax commission is authorized and required to set aside and earmark, solely for such use, the unrefunded taxes collected from the sale of aviation fuels. Such funds so designated shall be transferred by the state controller to a state airport fund. All licensed dealers who handle aviation fuels shall report on such forms, and in such detail, as the said tax commission may require. For the purpose of carrying out the provisions of this act, the state highway department is hereby authorized to administer the state airport fund from the funds so provided, such funds to be available for the planning, establishment, development, construction, enlargement, improvement, operation and maintenance of airports, landing areas and air navigation facilities established, owned or controlled, or to be established, owned or controlled by the state or any of its political subdivisions. The state highway department is authorized and directed to allocate to Nevada wing 96 of civil air patrol, for the fiscal year beginning July 1, 1955, and for each fiscal year thereafter, a sum not to exceed $6,000 per annum from the unrefunded taxes in the state airport fund, or the total amount of such unrefunded taxes if the fund be less than $6,000, for the use by Nevada wing 96 of civil air patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of purchase, repair and maintenance of emergency and training equipment. The amount allocated out of the state airport fund shall be in addition to and separate from any legislative appropriations authorized by law to Nevada wing 96 of civil air patrol and the amount shall be paid upon a claim certified by the wing commander and the wing executive officer, and approved by the state highway department and the state board of examiners, by the state controller in the same manner as other claims against the state are paid. The amount allocated to Nevada wing 96 of civil air patrol shall receive priority over all other claims made against the unrefunded taxes in the state airport fund.
κ1955 Statutes of Nevada, Page 158 (CHAPTER 111, AB 254)κ
patrol shall receive priority over all other claims made against the unrefunded taxes in the state airport fund. The state highway department is also authorized to expend not more than 5% of the total amount of such unrefunded taxes which may remain in the state airport fund after the withdrawal of the allocation to Nevada wing 96 of civil air patrol for the purpose of administration and clerical help; provided, however, that no new bureau, agency or office may be created pursuant hereto.
________
Assembly Bill No. 246Committee on Roads and Transportation
CHAPTER 112
AN ACT authorizing the department of highways to establish and sign speed zones on hazardous sections of the state highway system; providing certain penalties; and other matters properly relating thereto.
[Approved March 12, 1955]
Whereas, There are certain sections of the state highway system that are hazardous for vehicular travel at high speeds due to limited sight distance, sharp curvature, commercial and residential growth and dense agricultural areas; and
Whereas, The department of highways does not now have the authority to prescribe proper speeds, and to place appropriate signs advising motorists of the hazardous areas; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The department of highways is authorized to prescribe speed zones, and to install appropriate speed signs controlling vehicular traffic on the state highway system through hazardous areas, after necessary studies have been made to determine the need therefor, and to eliminate speed zones and remove the signs therefrom whenever the need therefor ceases to exist.
Sec. 2. After the establishment of a speed zone and the installation of appropriate speed control signs, any person who drives a motor vehicle upon the public highway and in such speed zone in excess of the speed therein authorized, shall be guilty of a misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 159κ
Assembly Bill No. 109Miss Frazier
CHAPTER 113
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 12, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 350 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, as amended by chapter 61, Statutes of Nevada 1953, at page 56, is hereby amended to read as follows:
Section 350. Educational Officers May Employ Noncitizens. It shall be unlawful for the superintendent of public instruction, board of regents of the state university, county and district boards of education and boards of school trustees to engage or hire any president, superintendent, principal, teacher, instructor, or professor in any of the educational departments of this state who is not a citizen of the United States or who has not declared his or her intentions to become a citizen of the United States; provided, however, that the provisions of this section shall not apply to any teacher, instructor, or professor authorized to teach in the United States under the teacher exchange programs as authorized by federal laws enacted by the congress of the United States.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 357Messrs. Dotson, Hardesty, Kean and Wood
CHAPTER 114
AN ACT relating to banks and trust companies remaining closed on certain Saturdays and providing that acts appointed to be done on Saturday when the bank or trust company, or branch thereof, is closed may be performed on the next succeeding business day.
[Approved March 15, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Any bank or trust company, or branch thereof, organized under the laws of, or doing business in, this state as a commercial bank, savings bank or trust company, may remain closed on any or all Saturdays unless the next preceding Friday, or the next succeeding Monday is a legal holiday on which day the bank or trust company, or branch thereof, is closed; and such Saturday on which such bank or trust company, or branch thereof, remains closed shall be, with respect to it, a holiday and not a business day. Any act authorized, required or permitted to be performed at or by or with respect to any such bank or trust company, or branch thereof, on such a Saturday when the bank or trust company, or branch thereof, is closed, may be so performed on the next succeeding business day and no liability or loss or rights of any kind shall result from such delay.
κ1955 Statutes of Nevada, Page 160 (CHAPTER 114, AB 357)κ
bank or trust company, or branch thereof, is closed, may be so performed on the next succeeding business day and no liability or loss or rights of any kind shall result from such delay.
________
Assembly Bill No. 218Committee on Ways and Means
CHAPTER 115
AN ACT appropriating the sum of $3,700 for the purchase of a new mechanical bookkeeping machine in the office of the state controller.
[Approved March 15, 1955]
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 secure and install a new mechanical bookkeeping machine in the office of the state controller.
Sec. 2. For the purpose of carrying out the provisions of this act, there is hereby appropriated from the state treasury, out of any moneys not otherwise appropriated, the sum of $3,700, to be paid out on claims as other claims against the state are paid.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 242Committee on Roads and Transportation
CHAPTER 116
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 15, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 15(f) of the above-entitled act, being sections 4435 to 4435.39, 1929 N.C.L. 1941 Supp., as added by chapter 240, Statutes of Nevada 1945, at page 469, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 161 (CHAPTER 116, AB 242)κ
Section 15(f). Upon filing with the department a copy of a chattel mortgage and application for transfer of registration to the chattel mortgagee as provided herein there shall be paid to the department a fee of $2 for each vehicle registered hereunder described in and subject to such chattel mortgage.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 16Committee on Judiciary
CHAPTER 117
AN ACT to amend an act entitled An Act concerning the estates of deceased persons, approved March 26, 1941.
[Approved March 15, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 235 of the above-entitled act, being section 9882.235, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 235. At any time after the lapse of three months from the issuing of letters testamentary or of administration, the executor or administrator, or any heir, devisee or legatee, or the assignee, grantee or successor in interest of any heir, devisee or legatee, may petition the court to distribute a legacy, devise or share of the estate, or any portion thereof, to any person entitled thereto, upon such person giving a bond, with approved security, for the payment of such persons proportion of the debts of the estate. The court may dispense with a bond if it be made to appear that the same is unnecessary.
Sec. 2. Section 236 of the above-entitled act, being section 9882.236, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 236. When the petitioner is not the executor or administrator, notice of the application shall be given to the executor or administrator personally, and to all persons interested in the estate, in the same manner that notice is required to be given by section 283, or as the court may direct.
Sec. 3. Section 237 of the above-entitled act, being section 9882.237, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 237. The executor or administrator, not petitioning, or any person interested in the estate, may appear and resist the application, or any other heir, devisee or legatee may make a similar application for himself or herself.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 162κ
Senate Bill No. 112Senator Black
CHAPTER 118
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 15, 1955]
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, at page 254, also designated as sections 4350 to 4373, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 1.5c, which shall immediately follow section 1.5b and shall read as follows:
Section 1.5c. Upon the immediate approach of an authorized emergency vehicle giving audible signal by siren, and having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle:
1. The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and thereupon stop and remain in such position until such authorized emergency vehicle has passed, except when otherwise directed by a police or traffic officer.
2. All pedestrians upon the highway shall remain in a place of safety until such authorized emergency vehicle has passed, except when otherwise directed by a police or traffic officer.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 159Messrs. Harmon, Godbey, Barr, Byrne, Ellison, Giomi, Barnum and Hunter
CHAPTER 119
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.
[Approved March 15, 1955]
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 2643.04, 1929 N.C.L. 1941 Supp., as amended by chapter 242, Statutes of Nevada 1953, at page 322, 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.
κ1955 Statutes of Nevada, Page 163 (CHAPTER 119, AB 159)κ
complied with the registration laws of this state, shall be entitled to vote thereat. 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. 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.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 180Senator Settelmeyer
CHAPTER 120
AN ACT to amend an act entitled 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.
[Approved March 15, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 213, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 164 (CHAPTER 120, SB 180)κ
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 7 1/2 cents 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 $300 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. Section 2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 214, is hereby amended to read as follows:
Section 2. The assessor shall receive the sum of $4,200 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 7 1/2 cents per mile.
Sec. 3. Section 4 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 214, is hereby amended to read as follows:
Section 4. The county recorder and county auditor 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 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. 4. Section 5 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 214, is hereby amended to read as follows:
Section 5. The district attorney shall receive the sum of $3,300 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. 5. Section 7 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 214, is hereby amended to read as follows:
Section 7. The county commissioners of Douglas County shall receive the sum of $900 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. 6. This act shall become effective on April 1, 1955.
________
κ1955 Statutes of Nevada, Page 165κ
Assembly Bill No. 12Mr. Leighton
CHAPTER 121
AN ACT to amend an act entitled An Act providing a general corporation law, approved March 21, 1925.
[Approved March 15, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 65 of the above-entitled act, being section 1664, N.C.L. 1929, as amended by chapter 121, Statutes of Nevada 1949, at page 170, is hereby amended to read as follows:
Section 65. All corporations, whether they expire by their own limitation, or are otherwise dissolved, or whose charter has been forfeited, shall nevertheless be continued as bodies corporate for the purpose of prosecuting and defending suits, actions, proceedings and claims of any kind or character by or against them, and of enabling them gradually to settle and close their business, to collect and discharge obligations, to dispose of and convey their property, and to distribute their assets, but not for the purpose of continuing the business for which the corporation shall have been established. The provisions of this section shall apply to corporations heretofore as well as hereafter dissolved; but should such application be unconstitutional as to heretofore dissolved corporations, this provision shall apply only to corporations hereafter dissolved, and prior law shall remain in effect as to corporations heretofore dissolved.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 215Miss Frazier, Messrs. Dotson, Irwin, Lambert, Adams, Christensen (Washoe) and Hardesty
CHAPTER 122
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.
[Approved March 15, 1955]
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 2226, N.C.L. 1929, as last amended by chapter 64, Statutes of Nevada 1949, at page 83, is hereby amended to read as follows:
Section 2. Should a majority of all the votes cast upon the question in each county concerned be in favor of establishing such county public hospital, the board or boards of county commissioners shall immediately proceed to appoint five (5) trustees chosen from the citizens at large, with reference to their fitness for such office, all residents of the county or counties concerned, not more than three (3) to be residents of the city, town, or village in which said hospital is to be located, who shall constitute a board of trustees for said public hospital.
κ1955 Statutes of Nevada, Page 166 (CHAPTER 122, AB 215)κ
large, with reference to their fitness for such office, all residents of the county or counties concerned, not more than three (3) to be residents of the city, town, or village in which said hospital is to be located, who shall constitute a board of trustees for said public hospital. The said trustees shall hold their offices until the next following general election when five (5) hospital trustees shall be elected and hold their offices, three (3) for two (2) years and two (2) for four (4) years, and at subsequent general elections the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees for a term of four (4) years in the same manner as other county officers are elected. All such trustees of county public hospitals now in office shall, after the next general election at which a complete, new board of five (5) trustees be elected, three (3) for two (2) years and two (2) for four (4) years, subsequently be elected for terms of four (4) years in the same manner as other county officers are elected. Said offices of hospital trustees are hereby declared to be nonpartisan, and the name of candidates for such offices shall appear alike upon the ballots of all parties at all primary elections and at all general elections. Provided, however, that in any county wherein there was cast a vote for representative in Congress in excess of 19,000 votes in the general election held in 1948, the board of trustees for said public hospital shall be composed of the five regularly elected or appointed members and, in addition, the said county commissioners shall be ex officio members thereof. Any five of said regular or ex officio members shall constitute a quorum for the transaction of business.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 101Committee on Labor
CHAPTER 123
AN ACT providing for the registration of convicted persons and supplying certain information to sheriffs and chiefs of police; providing notification of change of residence of convicted persons; providing for the fingerprinting of convicted persons; providing that registration records shall be confidential; prohibiting false statements in registration; providing a penalty for violation, and other matters properly relating thereto.
[Approved March 15, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of this act a convicted person is defined as follows:
1. Any person who has been or hereafter is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
2. Any person who has been or hereafter is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the same is or is not punishable as a felony:
κ1955 Statutes of Nevada, Page 167 (CHAPTER 123, SB 101)κ
of Nevada, or elsewhere, of the violation of any law, whether the same is or is not punishable as a felony:
(a) Relating to or regulating the possession, distribution, furnishing, or use of any habit-forming drug of the kind or character described and referred to in sections 5091.01 to 5091.26, inclusive, 1929 N.C.L. 1941 Supp.
(b) Regulating or prohibiting the carrying, possession, or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale, or use of any device, instrument, or attachment designed or intended to be used for the purpose of silencing the report, or concealing the discharge or flash of any firearm.
(c) Regulating or prohibiting the use, possession, manufacture, or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
3. Any person who, in the State of Nevada, or elsewhere, has been or hereafter is adjudicated, or is convicted of being, a drug addict, as such term is or may be defined in the Statutes of Nevada.
4. Any person who has been, or who hereafter is, convicted of a crime in the State of Nevada, under the provisions of one or more of the sections of chapter 14 of an act entitled An Act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
5. Any person who has been, or who hereafter is, convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in this act.
Any person, except as hereinafter set forth, whose conviction is or has been set aside in a manner provided by law shall not be deemed a convicted person.
Sec. 2. 1. It shall be unlawful for any convicted person to be or remain in the State of Nevada for a period of more than 48 hours without, during such 48-hour period, registering with the sheriff of any county or the chief of police of any city in the manner hereinafter prescribed.
2. Any convicted person who does not reside in the State of Nevada but who has a temporary or permanent place of abode outside the State of Nevada, and who comes into the state on five occasions or more during any 30-day period, shall be subject to the provisions of this act.
3. Any person who has once registered as a convicted person, with the sheriff of any county or the chief of police of any city, shall not be required to register again, except as provided in section 3 of this act; but any person convicted of any of the crimes enumerated in subsection 4 of section 1 of this act shall register as provided in this section, regardless of whether he has previously so registered as a convicted person by reason of his conviction of some crime other than those enumerated in subsection 4 of section 1.
κ1955 Statutes of Nevada, Page 168 (CHAPTER 123, SB 101)κ
4. Every person required by this section to register shall do so by filing with the sheriff or chief of police a statement in writing, signed by such person, upon a form prescribed and furnished by the sheriff or chief of police giving the following information:
(a) His true name and all aliases which he has used or under which he may have been known.
(b) A full and complete description of his person.
(c) The kind, character and nature of each crime of which he has been convicted.
(d) The place where each of such crimes was committed and the place or places of conviction.
(e) The name under which he was convicted in each instance and the date thereof.
(f) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced.
(g) The location and address of his residence, stopping place, living quarters or place of abode, and if more than one residence, stopping place or place of abode, that fact must be stated and the location and address of each given.
(h) A statement of the kind of residence, stopping place, or place of abode in which he resides, whether the same is temporary or permanent; i.e., whether the same is a private residence, hotel, apartment house, or other building or structure.
(i) The length of time he has occupied each such place of residence, stopping place, or place of abode; and the length of time he expects or intends to remain in the State of Nevada.
(j) Such other and further information as may be required by the sheriff or chief of police for the purpose of aiding and assisting in carrying into effect the provisions and intent of this act.
Sec. 3. Any convicted person, except a nonresident, who is required to register under the provisions of this act, who changes his place of residence, stopping place or place of abode, shall, within 48 hours after such change, and any nonresident mentioned in subsection 2 of section 2 who has registered and changes his place of residence, stopping place or place of abode, shall, upon his next entry into the state after such change, notify the sheriff or chief of police of such fact and furnish to such sheriff or chief of police the address of his new residence, stopping place or place of abode in the same manner and with the same detailed information as is required in the filing of the original statement under the provisions of section 2.
Sec. 4. Each convicted person, at the time of registering and furnishing the information required by sections 2 and 3, shall be fingerprinted by the sheriff or chief of police, who shall cause such fingerprints to be made a part of the record required by this act.
Sec. 5. The statements and fingerprints hereinbefore provided for shall at all times be kept by the sheriff or chief of police in a file separate and apart from other files and records maintained and kept by the sheriff or chief of police, and shall not be open to inspection by the public, or by any person other than a regular law enforcement officer.
κ1955 Statutes of Nevada, Page 169 (CHAPTER 123, SB 101)κ
officer. Copies of such statements and fingerprints may be transmitted to the sheriff of any county in the State of Nevada, to the head of any organized police department of any municipality in Nevada, or to the head of any department of the State of Nevada engaged in the enforcement of any criminal law of this state, or the gambling division of the Nevada tax commission or any successor thereto, or to the head of any federal law enforcement agency, or to any sheriff or chief of police of a municipality, or to the head of any other law enforcement agency in any state or territory outside of the State of Nevada, when request is made, in writing, by such sheriff or other head of a law enforcement agency asking for the record of a certain person named therein, or for the record of a person whose fingerprints reasonably correspond with fingerprints submitted with such request, and stating that such record is deemed necessary for the use of such law enforcement officer or agency in or concerning the investigation of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose.
Sec. 6. No person required by any provision of sections 1 to 5, inclusive, to furnish a statement shall in such statement give any false or fictitious address or any address other than a true address or intended address, or furnish in the making of any such report any false, untrue or misleading information or statement, relating to any information required by any of the provisions thereof to be made or furnished.
Sec. 7. The duty to furnish statements when and in the manner provided by sections 1 to 5, inclusive, is hereby declared to be a continuing one, and for each day that any person required under the provisions of sections 1 to 5, inclusive, to furnish a statement fails to do so, such failure shall constitute a separate offense; provided, that no person may be convicted more than once on account of violations occurring by reason of failure, on a series of days, to furnish such statements; provided further, that nothing contained herein shall be deemed a bar to subsequent prosecutions for violations of the provisions of this act occurring subsequent to a prior conviction or acquittal of a violation thereof.
Sec. 8. Any person violating the provisions of this act shall be punished by a fine of not exceeding $500 or by imprisonment in the county jail for a term of not exceeding 6 months, or by both fine and imprisonment.
Sec. 9. If any section, subsection, paragraph, sentence, clause or phrase of this act be for any reason held invalid, such holding 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 section, subsection, sentence, paragraph, clause or phrase thereof separately and irrespective of the fact that any one or more of the sections, subsections, paragraphs, sentences, clauses or phrases be invalid.
Sec. 10. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 170κ
Assembly Bill No. 292Committee on Roads and Transportation
CHAPTER 124
AN ACT to amend an act entitled An Act to provide an excise tax on the distribution of motor vehicle fuel and on the use of any other inflammable or combustible liquids, used to propel motor vehicles on the highways of this state; to provide for the payment and collection thereof; to provide for the licensing of dealers engaged in the distribution of motor vehicle fuel and the filing of bonds by such dealers; to provide for the keeping of records by dealers and retailers of motor vehicle fuel, and the examination thereof; to provide for reports of carriers of motor vehicle fuel and imposing duties on such carriers and on consumers; to provide for the administration and enforcement thereof by the Nevada tax commission and fixing its duties in relation thereto; to fix penalties for the violation of the provisions of this act; to provide for the disposition of the said tax; to provide for refunds; to define certain words, terms and phrases herein; to prohibit political subdivisions from imposing similar taxes; and to repeal all other acts or parts of acts in conflict herewith, approved March 21, 1935.
[Approved March 16, 1955]
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 6570.01, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 1. The following words, terms and phrases in this act are for the purposes thereof defined as follows:
(a) Motor vehicle shall mean and include every self-propelled motor vehicle, including tractors, operated on a surface highway.
(b) Motor vehicle fuel shall mean and include gasoline and any other inflammable or combustible liquid, by whatever name such liquid may be known or sold, the chief use of which in this state is as a fuel for the propulsion of motor vehicles; provided, however, that neither kerosene, gas oil nor fuel oil shall be considered motor vehicle fuel for the purposes of this act.
(c) The tax commission mentioned in this act shall be the Nevada tax commission as defined in the Statutes of Nevada relating to the creation thereof or its duly authorized agents.
(d) Dealer shall mean and include every person who refines, manufactures, compounds or otherwise produces motor vehicle fuel and sells or distributes the same in this state; also every person who imports motor vehicle fuel into this state and sells or distributes the same therein, whether in the original package or container in which it is imported or otherwise, or who shall use the motor vehicle fuel in this state after having imported the same; also, every person who, having acquired motor vehicle fuel in this state in the original package or container, shall distribute or sell the same, whether in such original package or container or otherwise, or in any manner use the same; also every person who otherwise acquired in this state for sale, use or distribution in this state motor vehicle fuel with respect to which there has been no prior taxable sale, use or distribution; provided, however, that the term dealer shall not include any person who shall import into this state motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer under this law and who shall assume liability for the collection and remittance of the applicable excise tax to this state.
κ1955 Statutes of Nevada, Page 171 (CHAPTER 124, AB 292)κ
that the term dealer shall not include any person who shall import into this state motor vehicle fuel in quantities of 500 gallons or less purchased from a supplier who is licensed as a dealer under this law and who shall assume liability for the collection and remittance of the applicable excise tax to this state.
(e) Person shall mean and include every natural person, association, firm or partnership, corporation, trustee, receiver and the legal representative or representatives of the estate of any deceased person.
(f) Retailer shall mean and include every person, other than a dealer as herein defined, engaged in the business of selling motor vehicle fuel.
(g) Distributes and Distribution. For the purposes of this act all motor vehicle fuel sold, donated, consigned for sale, bartered, used, or in any way voluntarily disposed of so as to terminate the ownership and possession thereof by the dealer or any other person who imports such motor vehicle fuel owned by him shall be deemed to be distributed and considered as distribution hereunder; provided, however, that in lieu of the collection and refund of the tax on motor vehicle fuel used by a dealer in such a manner as would entitle a purchaser to claim refund under the provisions of section 5 hereof, or in lieu of the refund of any prior erroneous payment of tax on motor vehicle fuel to the tax commission made by a dealer, credit may be given such dealer upon his tax return and assessment.
(h) Highway shall mean every way or place of whatever nature open to the use of the public, for purposes of surface traffic, including highways under construction.
Sec. 2. Section 2 of the above-entitled act, being section 6570.02, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 2. In addition to any other taxes provided for by law, every dealer shall, not later than the twenty-fifth day of each calendar month, render to the tax commission a statement of all motor vehicle fuel sold, distributed or used by him in the State of Nevada, as well as all motor vehicle fuel sold, distributed or used in this state by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon under subsection (d) of section 1, during the preceding calendar month, and shall pay an excise tax of four and one-half cents per gallon on all motor vehicle fuel so sold, distributed or used, in the manner and within the time hereinafter prescribed.
The receipts of the tax as levied in this section shall be by the state treasurer placed to the credit of the state highway fund. All costs of administration of this section shall be paid from the state highway fund 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. 3. Section 2.1 of the above-entitled act, being chapter 74, Statutes of Nevada 1935, at page 161, as last amended by chapter 260, Statutes of Nevada 1953, at page 368, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 172 (CHAPTER 124, AB 292)κ
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 tax commission and by it delivered to the state treasurer, who shall receipt the dealer therefor. The receipts of the tax as levied in this subsection shall be allocated monthly by the tax commission 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 monthly. 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 the 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.
(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 tax commission and by it delivered to the state treasurer who shall receipt the dealer therefor. The receipts of the tax as levied in this subsection shall be allocated monthly by the tax commission 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 the county and incorporated cities within the 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 the 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 the 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.
κ1955 Statutes of Nevada, Page 173 (CHAPTER 124, AB 292)κ
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. 4. The above-entitled act, being chapter 74, Statutes of Nevada 1935, at page 161, also designated as sections 6570.01 to 6570.16, inclusive, 1929 N.C.L., 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 2.2, which shall immediately follow section 2.1 and shall read as follows:
Section 2.2. In addition to any other taxes provided for by this act, every person who shall use any inflammable or combustible liquid or other material other than motor vehicle fuel as herein defined to operate a motor vehicle on the highways of this state, except special fuel as defined by chapter 364, Statutes of Nevada 1953, shall pay an excise tax as provided by sections 2 and 2.1 of this act for each gallon thereof so used, and shall render monthly statements and make monthly payments at the times and in the manner prescribed for dealers in this act.
Any owner or operator of a motor vehicle who shall import motor vehicle fuel or other fuel or material, except special fuel as defined by chapter 364, Statutes of Nevada 1953, into this state in the fuel tank or tanks of any such motor vehicle in a quantity exceeding 25 gallons in the fuel tank or tanks thereof, shall, upon demand of the tax commission or its duly authorized agent, pay to the tax commission on such excess motor vehicle fuel the excise tax required to be paid by dealers.
Nothing in this act shall be construed to require more than one payment of any excise tax upon, or in respect to, the same fuel.
Sec. 5. Section 3 of the above-entitled act, being section 6570.03, 1929 N.C.L. 1941 Supp., as amended by chapter 245, Statutes of Nevada 1953, at page 326, 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 tax commission and by it delivered to the state treasurer, who shall receipt the dealer or user therefor; provided, however, that from the tax found to be due upon any such statement duly and punctually rendered the dealer or user shall be allowed to deduct 2 percent thereof to cover the dealers or users costs of collection of the tax and of compliance with this act and the dealers or users handling losses occasioned by evaporation, spillage or other similar causes. The money so collected as prescribed by section 2 shall be placed to the credit of the Nevada state highway fund.
The money so collected as prescribed by section 2.1 shall be by the state treasurer placed to the credit of the county gasoline tax fund and shall be allocated by the tax commission to the counties as prescribed by section 2.1.
κ1955 Statutes of Nevada, Page 174 (CHAPTER 124, AB 292)κ
The money so collected as prescribed by section 2.2 shall be by the state treasurer placed to the credit of the respective state highway fund and the county gasoline tax fund and allocation of the county excise tax shall be made by the tax commission as prescribed by section 2.1.
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. 6. Section 4 of the above-entitled act, being section 6570.04, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 4. It shall be unlawful from and after the effective date of this act for any person to be a dealer without holding the license for which provision is made in this section. On and after that date every person before becoming a dealer shall apply to the tax commission on forms to be prescribed and furnished by the tax commission for a license authorizing such applicant to engage in business as a dealer. The fee for each such license issued shall be five ($5) dollars, which shall be paid to the tax commission and by it delivered to the state treasurer, and shall be by him credited to the Nevada state highway fund. Before granting any such license the tax commission shall require the applicant to file with the tax commission a bond duly executed by such applicant as principal and by a corporation qualified under the laws of this state, as surety, payable to the State of Nevada, conditioned upon faithful performance of all the requirements of this act and upon the punctual payment of all excise taxes, penalties and other obligations of such applicant as a dealer. The total amount of the bond or bonds required of any dealer shall be fixed by the tax commission at twice the estimated maximum monthly tax, determined in such manner as the tax commission shall deem proper, and may be increased or reduced by the tax commission at any time subject to the limitations herein prescribed; provided, however, that the total amount of the bond or bonds of any dealer shall never be less than one thousand dollars nor more than ten thousand dollars. Upon approval of such application the tax commission shall issue to the dealer a nonassignable license with a duplicate copy for each place of business of the dealer in this state, which license shall continue in force until canceled, suspended or revoked.
No recovery on any bond, nor the execution of any new bond, nor the revocation, cancellation or suspension of any license, shall affect the validity of any bond. In lieu of any such bond or bonds any dealer may deposit with the state treasurer, under such terms and conditions as the tax commission may prescribe, a like amount of lawful money of the United States, or bonds of the United States or of the State of Nevada of an actual market value not less than the amount fixed as aforesaid by the tax commission.
The tax commission shall have power to revoke, cancel or suspend the license of any dealer refusing or neglecting to comply with the provisions of this act.
κ1955 Statutes of Nevada, Page 175 (CHAPTER 124, AB 292)κ
In the event a dealer becomes delinquent in the payment of excise taxes as prescribed by this act to the extent that his liability exceeds the total amount of bond furnished by the dealer the tax commission shall immediately and forthwith suspend his license.
Before revoking or cancelling any license issued hereunder the tax commission shall send notice by registered mail directly to the particular dealer at his last-known address ordering him to show cause, before the tax commission at Carson City, or such other place in this state as may be designated by the tax commission, at a time not less than 10 days after the mailing of such notice, why his license issued hereunder should not be revoked. The tax commission shall allow such dealer an opportunity to be heard in pursuance of such notice, and thereafter shall have full power to revoke or cancel his license issued hereunder.
The tax commission is hereby authorized to have paid out of the Nevada state highway fund all expenses incurred in the prosecution before any court of this state of any person charged with the violation of any of the provisions of this act.
Sec. 7. Section 5 of the above-entitled act, being section 6570.05, 1929 N.C.L. 1941 Supp., as last amended by chapter 245, Statutes of Nevada 1953, at page 327, 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, nor to motor vehicle fuel sold by a dealer in individual quantities of 500 gallons or less for export to another state or country by the purchaser other than in the supply tank of a motor vehicle provided such dealer is licensed in the state of destination to collect and remit the applicable destination state taxes thereon, nor to motor vehicle fuel 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 the tax commission may require. Every dealer shall clearly mark upon each invoice rendered for sales upon which no excise tax is required under this section and section 4.1 Ex Nevada Motor Vehicle Fuel Tax. Any claim for exemption from excise tax on account of motor vehicle fuel exported by a dealer to another state, other than stock transfers or deliveries in his own equipment, must be made by the dealer within 6 months after the date of the export, unless the state or territory of destination would not be prejudiced with respect to its collection of taxes thereon should the claim not be made within such time.
In support of any exemption from taxes on account of sales of motor vehicle fuel in individual quantities of 500 gallons or less for export by the purchaser, the dealer shall retain in his files for at least 3 years an export certificate executed by the purchaser in such form and containing such information as shall be prescribed by the tax commission. This certificate shall be prima facie evidence of the exportation of the motor vehicle fuel to which it applies only if accepted by the dealer in good faith. Should, however, such purchaser not export any part of the motor vehicle fuel covered by the certificate, he is required to immediately thereafter remit to the tax commission the applicable amount in taxes due on such part not exported and upon failure to do so such purchaser shall be subject to all penalties in this law for delinquency in payment of taxes.
κ1955 Statutes of Nevada, Page 176 (CHAPTER 124, AB 292)κ
immediately thereafter remit to the tax commission the applicable amount in taxes due on such part not exported and upon failure to do so such purchaser shall be subject to all penalties in this law for delinquency in payment of taxes.
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 the tax commission upon the presentation of such affidavits and invoices, written statements, tax exemption certificates or exportation certificates, shall cause to be repaid to such claimant from the taxes collected hereunder, an amount equal to the taxes so paid by the claimant; provided further, however, that application for refund, together with the necessary supporting evidence as provided by this paragraph must be filed with the tax commission within 6 months from the date of purchase, except in the case of claims based upon the exportation of motor vehicle fuel in which case application must be filed within 3 months from the date of exportation thereof; 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.
In the event of the loss of an original invoice, the person claiming a refund may submit in lieu thereof a duplicate copy of such invoice, which shall be retained by the tax commission until the expiration of the period herein specified for filing of refund applications, and no payment of refund based upon such duplicate invoice shall be made until after the expiration of such statutory period.
Motor vehicle fuel carried out of this state to an amount not exceeding 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 applicable Nevada state highway fund and county gasoline tax funds upon 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.
κ1955 Statutes of Nevada, Page 177 (CHAPTER 124, AB 292)κ
board of examiners, and allowed and paid as other claims against the state are allowed and paid.
Sec. 8. Section 6 of the above-entitled act, being section 6570.06, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 6. Every dealer shall cause to be kept a true record, in such form as may be prescribed or approved by the tax commission, of all stocks of motor vehicle fuel and of other inflammable or combustible liquids, and of all manufacture, refining, compounding, blending, purchases, receipts, transportation, use, sales and distribution thereof. Such records shall be subject to inspection at all times within business hours by the tax commission or its duly authorized agents, and shall remain so available for inspection for a period of 3 years from the date of any entry therein. Should any dealer wish to keep proper books and records pertaining to business done in Nevada elsewhere than within the State of Nevada, for inspection as aforesaid, the dealer shall pay a fee for such examination of $10 per day for each day or fraction thereof during which the examiner is actually engaged in examining such dealers books, plus the actual expenses of the examiner during the time that the examiner is absent from the capitol building, Carson City, Nevada, for the purpose of making such examination; provided, however, that such time shall not exceed one day going to and one day coming from the place where the examination is to be made in addition to the number of days or fractions thereof the examiner is actually engaged in auditing dealers books; and further, that not more than two such examinations shall be charged against any dealer in any year. Upon the demand of the tax commission, or at such times as it may by regulation prescribe, every dealer shall furnish a statement showing the contents of the records to such extent, in such detail and in such form as the tax commission may require.
Every retailer shall maintain and deep within the state for a period of 3 years a true record of motor vehicle fuel received, of the price thereof and the name of the person supplying the same, together with delivery tickets, invoices and such other records as the tax commission may require. Such records shall be subject to inspection by the tax commission or its duly authorized agents at all times within business hours.
Sec. 9. Section 7 of the above-entitled act, being section 6570.07, 1929 N.C.L. 1941 Supp., as amended by chapter 245, Statutes of Nevada 1953, at page 328, is hereby amended to read as follows:
Section 7. Every motor carrier, whether common, contract or private, transporting motor vehicle fuel as defined by chapter 74, Statutes of Nevada 1935, or special fuel as defined by chapter 364, Statutes of Nevada 1953, or other inflammable or combustible liquids in interstate commerce to or from any point within the State of Nevada shall apply to the tax commission for a license authorizing such applicant to engage in business as a carrier. The fee for such license shall be $5 which shall be paid to the tax commission and by it delivered to the state treasurer, and shall be by him placed to the credit of the Nevada state highway fund.
The tax commission shall issue to all such licensed carriers an identifying symbol or emblem, and such identifying symbol or emblem shall at all times be displayed on the power unit of all tank vehicles of the carrier operating in the State of Nevada.
κ1955 Statutes of Nevada, Page 178 (CHAPTER 124, AB 292)κ
identifying symbol or emblem, and such identifying symbol or emblem shall at all times be displayed on the power unit of all tank vehicles of the carrier operating in the State of Nevada. The fee for each such identifying symbol or emblem shall be 50 cents for each such symbol or emblem issued.
The tax commission shall have the power to cancel, suspend, revoke or reinstate the license of any carrier licensed hereunder.
Before revoking for cause any license issued hereunder the tax commission shall send notice by registered mail directly to the particular carrier at his last-known address ordering him to show cause, before the tax commission at Carson City, or such other place in this state as may be designated by the tax commission, at a time not less than 10 days after the mailing of such notice, why his license issued hereunder should not be revoked. The tax commission shall allow such carrier an opportunity to be heard in pursuance of such notice, and thereafter shall have full power to revoke his license issued hereunder.
Every carrier, whether common, contract or private, excepting a dealer licensed under this act, or a wholesale distributor transporting the products of a dealer licensed under this act, transporting motor vehicle fuel, as defined by chapter 74, Statutes of Nevada 1935, or special fuel as defined by chapter 364, Statutes of Nevada 1953, 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 25 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.
Sec. 10. Section 9 of the above-entitled act, being section 6570.09, 1929 N.C.L. 1941 Supp., as amended by chapter 245, Statutes of Nevada 1953, at page 329, 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. The 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, the 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.
κ1955 Statutes of Nevada, Page 179 (CHAPTER 124, AB 292)κ
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; provided such other state furnishes like information to this state.
Sec. 11. Section 10 of the above-entitled act, being section 6570.10, 1929 N.C.L. 1941 Supp., as amended by chapter 138, Statutes of Nevada 1951, at page 199, is hereby amended to read as follows:
Section 10. If the amount of any excise tax for any month is not paid to the state on or before the 25th day of the next month thereafter as prescribed by this act, it shall become delinquent at the close of business on that day and a penalty of 1 percent of such excise tax must be added thereto for delinquency; provided, however, that in no case shall the penalty be less than $25 nor more than $500. The proceeds from any such penalty assessments so levied shall be allocated proportionately to the respective Nevada state highway fund and county gasoline tax funds by the tax commission. If such tax is not received on or before the close of business on the last day of the month in which payment is due, a penalty of 10 percent must be added thereto in addition to the penalty above provided for.
The attorney general or the district attorney of any county shall, at the request of the tax commission, collect such delinquent tax with penalty and interest, and, to that end, shall forthwith commence and prosecute to final determination an action in the name of the State of Nevada, in any court of competent jurisdiction. In any such action the certificate of the tax commission shall be prima facie evidence of the amount of such tax and penalty and of the obligation therefor of the person named in such certificate. In any action on a bond filed by a dealer, recovery may be had against the surety without exhausting or seeking a remedy against the dealer.
Sec. 12. Section 12 of the above-entitled act, being section 6570.12, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 12. Any person who shall refuse or neglect to make any statement, report or return required by the provisions of this act, or who shall knowingly make, or shall aid or assist any other person in making a false statement in a report to the tax commission, or in connection with an application for refund of any tax, or who shall knowingly collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of such tax without being entitled to the same, or who shall engage in business in this state as a dealer, or who shall act as a carrier of motor vehicle fuel, or special fuel, or other inflammable or combustible liquids, without being the holder of an uncanceled license to engage in such business or to act in such capacity, or who shall sell any motor vehicle fuel, purchased by or consigned to such person, or to act as an agent to sell such motor vehicle fuel, obtained in any manner, from any person other than a duly licensed dealer upon which the tax herein imposed shall not be paid, or who shall otherwise violate any of the provisions of this act, shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $500, or imprisonment in the county jail for a term of not less than 30 days, and not more than 6 months, or both such fine and imprisonment.
κ1955 Statutes of Nevada, Page 180 (CHAPTER 124, AB 292)κ
who shall knowingly make, or shall aid or assist any other person in making a false statement in a report to the tax commission, or in connection with an application for refund of any tax, or who shall knowingly collect or attempt to collect or cause to be repaid to him or to any person, either directly or indirectly, any refund of such tax without being entitled to the same, or who shall engage in business in this state as a dealer, or who shall act as a carrier of motor vehicle fuel, or special fuel, or other inflammable or combustible liquids, without being the holder of an uncanceled license to engage in such business or to act in such capacity, or who shall sell any motor vehicle fuel, purchased by or consigned to such person, or to act as an agent to sell such motor vehicle fuel, obtained in any manner, from any person other than a duly licensed dealer upon which the tax herein imposed shall not be paid, or who shall otherwise violate any of the provisions of this act, shall, upon conviction thereof, be punished by a fine of not less than $100 nor more than $500, or imprisonment in the county jail for a term of not less than 30 days, and not more than 6 months, or both such fine and imprisonment. Each day or part thereof during which any person shall engage in business as a dealer without being the holder of an uncanceled license shall constitute a separate offense within the meaning of this section.
Sec. 13. This act shall become effective on July 1, 1955.
________
Assembly Bill No. 272Committee on Ways and Means
CHAPTER 125
AN ACT to amend the title of and to amend an act entitled An Act relating to the administration of state highway revenue-producing acts, consolidating under the public service commission of Nevada the administration of the motor vehicle registration act and the chauffeurs and drivers licensing act, the collection of motor carriers license fees and the excise taxes on gasoline and motor fuel, and certain functions of the state highway department concerning highway safety and safety education; creating a state highway patrol, defining the powers and duties of highway patrolmen and fixing their salaries, transferring certain records, equipment, and property to the public service commission, providing for the payment of costs of administration, and other matters relating thereto, approved March 24, 1949.
[Approved March 17, 1955]
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 133, Statutes of Nevada 1949, at page 253, is hereby amended to read as follows:
An Act relating to the administration of state highway revenue-producing acts, consolidating under the public service commission of Nevada the administration of the motor vehicle registration act and the chauffeurs and drivers licensing act, the collection of motor carriers license fees and the excise taxes on gasoline and motor fuel, and certain functions of the state highway department concerning highway safety; creating a state highway patrol, defining the powers and duties of highway patrolmen and fixing their salaries, transferring certain records, equipment, and property to the public service commission, providing for the payment of costs of administration, and other matters relating thereto.
κ1955 Statutes of Nevada, Page 181 (CHAPTER 125, AB 272)κ
highway safety; creating a state highway patrol, defining the powers and duties of highway patrolmen and fixing their salaries, transferring certain records, equipment, and property to the public service commission, providing for the payment of costs of administration, and other matters relating thereto.
Sec. 2. Section 3.5 of the above-entitled act, being chapter 133, Statutes of Nevada 1949, at page 254, is hereby amended to read as follows:
Section 3.5. There is hereby transferred to the public service commission of the State of Nevada, to be administered by the drivers license division thereof, the functions now carried on by the Nevada state highway department concerning highway safety; provided, however, that this section shall not be construed to remove from the jurisdiction of the said highway department any other functions allowed to or required of it by chapter 184 of the 1941 Statutes of Nevada, or any functions concerning marking or posting signs on or alongside public highways. It is intended by this section that the state highway department shall retain its control over the physical aspects of the public highways, and that the public service commission shall control the manner and type of use of said public highways by the public. The functions of the said public service commission of the State of Nevada concerning highway safety shall not be duplicated by any other agency, department, commission or officer of the State of Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 271Committee on Ways and Means
CHAPTER 126
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 17, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 338.5, which shall immediately follow section 338 and shall read as follows:
Section 338.5. Drivers Training Programs. There is hereby transferred to the superintendent of public instruction the functions now carried on by the public service commission of Nevada concerning the training of drivers of motor vehicles. The functions of the superintendent of public instruction concerning drivers training shall not be duplicated by any other agency, department, commission or officer of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 182κ
Assembly Bill No. 270Committee on Ways and Means
CHAPTER 127
AN ACT to amend the title of and to amend an act entitled An Act making the public service commission administrative commissioner, providing for the revocation of licenses in certain cases, requiring the giving of security for payment of judgments for damages, providing for motor liability policies, providing penalties for the violation hereof, and other matters relating thereto, approved March 23, 1949.
[Approved March 17, 1955]
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 127, Statutes of Nevada 1949, at page 198, is hereby amended to read as follows:
An Act making the drivers license division of the public service commission administrative commissioner, providing for the revocation of licenses in certain cases, requiring the giving of security for payment of judgments for damages, providing for motor liability policies, providing penalties for the violation hereof, and other matters relating thereto.
Sec. 2. Section 1.1 of the above-entitled act, being chapter 127, Statutes of Nevada 1949, at page 198, is hereby amended to read as follows:
Section 1.1. Commissioner. Commissioner means the drivers license division of the public service commission.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 256Mr. Vaughan
CHAPTER 128
AN ACT to amend the title of and to amend an act entitled An Act to permit courts to enter judgment for arrearages in the payment of alimony and support, and to enter judgment therein, and providing remedy for enforcement, and other matters properly relating thereto, approved March 19, 1953.
[Approved March 19, 1955]
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 147, Statutes of Nevada 1953, at page 169, is hereby amended to read as follows:
An Act to permit courts to enter judgment for arrearages in the payment of alimony and support, and to enter judgment therein, and providing remedy for enforcement, and other matters properly relating thereto.
κ1955 Statutes of Nevada, Page 183 (CHAPTER 128, AB 256)κ
Sec. 2. Section 1 of the above-entitled act, being chapter 147, Statutes of Nevada 1953, at page 169, is hereby amended to read as follows:
Section 1. Where the husband, in an action for divorce, separation, annulment or declaration of nullity of a void marriage, makes default in paying any sum of money as required by the judgment or order directing the payment thereof, the district court may make an order directing the entry of judgment for the amount of such arrears, together with costs and disbursements not to exceed $10 and a reasonable attorneys fee. The application for such order shall be upon such notice to the husband as the court may direct. The judgment may be enforced by execution or in any other manner provided by law for the collection of money judgments. The relief herein provided for is in addition to any and every other remedy to which the wife may be entitled under the law.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 417Committee on Livestock
CHAPTER 129
AN ACT to amend an act entitled An Act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their powers and duties, prescribing their compensation, and providing penalties for the violation hereof, approved March 25, 1919.
[Approved March 19, 1955]
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 3874, N.C.L. 1929, as amended by chapter 54, Statutes of Nevada 1945, at page 83, is hereby amended to read as follows:
Section 4. The county commissioners of the several counties of the state, at the time of their annual levy of taxes, must levy the rate of tax fixed by the board, as provided for in section 3 of this act, not to exceed seven mills on the dollar, on all sheep and goats assessed in their respective counties, according to the assessed valuation of the same, the said tax to be collected as are other taxes and paid in full to the state treasurer, who shall keep the same in a separate fund to be known as the sheep inspection fund, which fund shall be made available and disbursed by the proper state officials upon request of the board for the purposes provided for in this act.
The board is hereby authorized to accept contributions made for the purpose of aiding the industry by any agency or organization interested in the welfare of the sheep industry in any part of Nevada. Such contributions shall, upon acceptance, be deposited by the board with the state treasurer in the sheep inspection fund and shall be disbursed by the proper state officials as ordered by the board in accordance with the purpose or purposes for which each contribution concerned was made as determined by the board.
κ1955 Statutes of Nevada, Page 184 (CHAPTER 129, AB 417)κ
Sec. 2. Section 10a of the above-entitled act, being section 3881, N.C.L. 1929, as amended by chapter 216, Statutes of Nevada 1949, at page 458, is hereby amended to read as follows:
Section 10a. The board shall have power to do all things it may consider necessary to encourage, promote, advance and protect the sheep interests of the state, and may directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the sheep inspection fund, for any enumerated purposes not to exceed an amount equivalent to a levy of two and one-half mills on the dollar of the total tax valuation for the preceding year on sheep under its jurisdiction. The board shall be the sole and exclusive judges of the expenditures of all sums directly or by the payment to any association, club, or other organization as herein provided.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 414Elko County Delegation
CHAPTER 130
AN ACT authorizing the board of county commissioners of Elko County, Nevada, to levy an annual special tax to be used by the Elko County fair board.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Elko County is hereby authorized to levy an annual special tax not to exceed 1 1/4 cents upon all taxable property within Elko County, Nevada.
Sec. 2. The special tax authorized by section 1 of this act shall be used exclusively by the Elko County fair board for building, repair, reconstruction, maintenance and improvement of grounds, and improvements at the Elko County fairgrounds.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 379Mr. Leighton
CHAPTER 131
AN ACT providing for the uniform act on intrastate pursuit; authorizing an arrest by any peace officer in another jurisdiction in this state under certain conditions; providing for certain procedures after the arrest; and other matters properly relating thereto.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title. This act may be cited as the Uniform Act on Intrastate Fresh Pursuit.
κ1955 Statutes of Nevada, Page 185 (CHAPTER 131, AB 379)κ
Sec. 2. Definition. The term fresh pursuit as used in this act shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or who has committed or attempted to commit any criminal offense in this state in the presence of the arresting officer referred to in section 3 of this act or for whom such officer holds a warrant of arrest for a criminal offense. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
Sec. 3. When Officer May Arrest. Any peace officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state or has committed, or attempted to commit, any criminal offense in this state in the presence of such officer, or for whom such officer holds a warrant of arrest, may hold in custody such person anywhere in this state.
Sec. 4. Procedure After Arrest. If such an arrest is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a municipal court or a justice of the peace or other magistrate of the county wherein such an arrest was made, and such court shall admit such person to bail, if the offense is bailable, by taking security by way of recognizance for the appearance of such prisoner before the court having jurisdiction of such criminal offense.
Sec. 5. Limitation. Section 3 of this act shall not make unlawful an arrest which would otherwise be lawful.
Sec. 6. Effective Date. This act shall become effective upon passage and approval.
________
Assembly Bill No. 378Mr. Dotson
CHAPTER 132
AN ACT to amend an act entitled An Act to control and regulate the manufacture, sale, possession, use, and carrying of firearms and weapons, and other matters properly relating thereto, approved March 5, 1925.
[Approved March 19, 1955]
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 2303, N.C.L. 1929, is hereby amended to read as follows:
Section 2. On and after the date upon which this act takes effect no unnaturalized foreign-born person, and no person who has been convicted of a felony in the State of Nevada or in any one of the states of the United States of America, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, shall own or have in his possession or under his custody or control any pistol, revolver, or other firearm capable of being concealed upon the person.
κ1955 Statutes of Nevada, Page 186 (CHAPTER 132, AB 378)κ
shall own or have in his possession or under his custody or control any pistol, revolver, or other firearm capable of being concealed upon the person. The terms pistol, revolver, and firearm capable of being concealed upon the person, as used in this act shall be construed to apply to and include all firearms having a barrel less than twelve inches in length. Any person who shall violate the provisions of this section shall be guilty of a felony, and upon conviction thereof shall be punishable by imprisonment in a state prison for not less than one year nor for more than five years.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 365Committee on Roads and Transportation
CHAPTER 133
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 19, 1955]
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, at page 254, also designated as sections 4350 to 4373, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 20.1, which shall immediately follow section 20 and shall read as follows:
Section 20.1. Loads on Vehicles.
1. No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
2. No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.
Sec. 2. The above-entitled act, being chapter 166, Statutes of Nevada 1925, at page 254, also designated as sections 4350 to 4373, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 20.2 which shall read as follows:
Section 20.2. Regulations Concerning Loading and Securement of Loads. The public service commission of Nevada may, after reasonable notice and hearing, make and publish reasonable rules and regulations providing for minimum binder requirements to secure loads on vehicles against dangerous displacement and governing the loading and securement of loads for transportation over public highways by vehicles.
κ1955 Statutes of Nevada, Page 187 (CHAPTER 133, AB 365)κ
against dangerous displacement and governing the loading and securement of loads for transportation over public highways by vehicles.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 313Mr. Kean, Mrs. Isbell, Messrs. Swackhamer, Vaughan and Wood
CHAPTER 134
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 dependants 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, approved March 27, 1947.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 74 of the above-entitled act, being chapter 168, Statutes of Nevada 1947, at page 594, is hereby amended to read as follows:
Section 74. (a) If an employee who has been hired or is regularly employed in this state, receives personal injury by accident arising out of and in the course of such employment outside of this state, he, or his dependents in case of his death, shall be entitled to compensation according to the law of this state, and such compensation shall be the exclusive remedy of such employee or dependents. This provision shall apply only to those injuries received by the employee within six (6) months after leaving this state, unless prior to the expiration of such six-months period the employer has filed with the industrial commission of Nevada notice that he has elected to extend such coverage a greater period of time.
(b) Any employee who has been hired outside of this state and his employer shall be exempted from the provisions of this act while such employee is temporarily within this state doing work for his employer if such employer has furnished industrial insurance coverage under the industrial insurance or similar laws of a state other than Nevada, so as to cover such employees employment while in this state; provided, the extraterritorial provisions of this act are recognized in such other state and provided employers and employees who are covered in this state are likewise exempted from the application of the industrial insurance or similar laws of such other state. The benefits under the industrial insurance act or similar laws of such other state shall be the exclusive remedy against such employer for any injury, whether resulting in death or not, received by such employee while working for such employer in this state.
κ1955 Statutes of Nevada, Page 188 (CHAPTER 134, AB 313)κ
exclusive remedy against such employer for any injury, whether resulting in death or not, received by such employee while working for such employer in this state.
A certificate from the duly authorized officer of the industrial commission or similar department of another state certifying that the employer of such other state is insured therein and has provided extra-territorial coverage insuring his employees while working within this state shall be prima facie evidence that such employer carries such industrial insurance.
Sec. 2. The above-entitled act, being chapter 168, Statutes of Nevada 1947, at page 569, is hereby amended by adding thereto a new section to be designated as section 74.1, which shall immediately follow section 74 and shall read as follows:
Section 74.1. 1. Anything to the contrary in this act notwithstanding, if an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of such employment outside this state, and he, or his dependents in case of his death, accepts any compensation or benefits under the provisions of this act, the acceptance of such compensation shall constitute a waiver by such employee or dependents of all rights and remedies against the employer at common law or given under the laws of any other state, and shall further constitute a full and complete release of such employer from any and all liability arising from such injury or death.
2. No compensation shall be paid to any such employee, or his dependents in case of death, until such employee, his personal or legal representatives, dependents or next of kin shall have executed and delivered to the employer a full and complete release of such employer from any and all liability arising from or growing out of such injury or death.
Sec. 3. The above-entitled act, being chapter 168, Statutes of Nevada 1947, at page 569, is hereby amended by adding thereto a new section to be designated as section 74.2, which shall immediately follow section 74.1 and shall read as follows:
Section 74.2. 1. If an employee who has been hired or is regularly employed in this state receives personal injury by accident arising out of and in the course of such employment outside this state, and he, or his personal or legal representatives, dependents or next of kin shall commence any action or proceeding in any other state to recover any damages or compensation on account of such injury or death from such employer, the act of commencing such action or proceeding shall constitute an irrevocable waiver of any and all compensation on account of such injury or death to which persons would otherwise have been entitled according to the law of this state.
2. In the event any such injured employee, his personal or legal representatives, dependents or next of kin shall recover a final judgment against such employer for damages arising out of such injury or death in any court of competent jurisdiction in any other state, the compensation which would otherwise have been payable under the laws of this state, up to the full amount thereof, but less any sums theretofore actually paid for or on account of such injury or death, shall be applied in satisfaction of such judgment as hereinafter provided.
κ1955 Statutes of Nevada, Page 189 (CHAPTER 134, AB 313)κ
of this state, up to the full amount thereof, but less any sums theretofore actually paid for or on account of such injury or death, shall be applied in satisfaction of such judgment as hereinafter provided.
(a) Upon receipt of an authenticated copy of such final judgment and writ of execution or other process issued in aid thereof, the commission shall forthwith determine the total amount of compensation which would have been payable under the laws of this state had claim therefor been made to the commission. In the case of compensation payable in installments, the commission shall convert the same into a lump sum amount by such system of computation as the commission may deem proper.
(b) The commission shall thereupon cause to be paid in full or partial satisfaction of such judgment a sum not to exceed the total amount of compensation computed as hereinabove provided or the amount of the judgment, whichever is the lesser.
(c) In the event such judgment is fully satisfied by the employer prior to any payment by the commission pursuant to paragraph (b) above, the amount payable thereunder shall be paid to the employer.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 259Mr. Leighton
CHAPTER 135
AN ACT to amend an act entitled An Act to provide for the appointment of official reporters for the district courts, their duties, qualifications and compensation, and to repeal all former acts in relation thereto, approved March 12, 1907.
[Approved March 19, 1955]
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 8460, N.C.L. 1929, as last amended by chapter 203, Statutes of Nevada 1921, at page 288, is hereby amended to read as follows:
Section 6. For his or her services the official reporter shall receive the following fees:
For reporting testimony and proceedings, $20 per day, which amount, when more than one case is reported in one day, must be apportioned by the court between the several cases.
For transcription, 25 cents per folio for the first copy, and 10 cents per folio for each additional copy.
In criminal cases the fees for reporting and for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance, and a reporter pro tempore is appointed, his reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in like manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to such official reporter, in lieu of per diem and transcribing fees in criminal cases; the salary and also actual traveling expense in cases where the reporter acts in more than one county, to be prorated by the judge on the basis of time consumed by criminal work in the respective counties; the salary and traveling expenses to be paid out of the respective county treasuries upon the order of the court.
κ1955 Statutes of Nevada, Page 190 (CHAPTER 135, AB 259)κ
approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to such official reporter, in lieu of per diem and transcribing fees in criminal cases; the salary and also actual traveling expense in cases where the reporter acts in more than one county, to be prorated by the judge on the basis of time consumed by criminal work in the respective counties; the salary and traveling expenses to be paid out of the respective county treasuries upon the order of the court.
In civil cases the fees for reporting and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof; and in either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil case until his fees have been paid to him or her or deposited with the clerk of the court.
Where a transcript is ordered by the court or by any party, the fees for same shall be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
________
Assembly Bill No. 234Messrs. Harmon and Hunter
CHAPTER 136
AN ACT to amend an act entitled An Act to provide for the appointment of bailiffs for the district courts of the several judicial districts of this state in the counties polling forty-five hundred or more votes; defining the powers and duties of such bailiffs; fixing their compensation and repealing all acts or parts of acts in conflict with this act, approved February 24, 1909.
[Approved March 19, 1955]
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 8465, N.C.L. 1929, as last amended by chapter 285, Statutes of Nevada 1953, at page 443, is hereby amended to read as follows:
Section 5. The compensation of each bailiff for his services shall be fixed by the board of county commissioners of the county in which the district is located.
Compensation of bailiffs in judicial districts wherein there is more than one judge shall be not more than $400 per month. Compensation of bailiffs in judicial districts wherein there is only one judge shall be not more than $350 per month. The salaries of bailiffs shall be paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.
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κ1955 Statutes of Nevada, Page 191κ
Assembly Bill No. 233Messrs. Von Tobel, Lambert, Christensen (Clark), Embry, Dotson, Irwin, Pozzi and Reynolds
CHAPTER 137
AN ACT to amend an act entitled An Act to prohibit false advertising, and providing a penalty therefor, approved March 24, 1917.
[Approved March 19, 1955]
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 10529, N.C.L. 1929, is hereby amended to read as follows:
Section 1. False Advertising Prohibited. It shall be unlawful for any person, firm, corporation or association, who, with intent to sell, let, lease, rent or in anywise offer or dispose of merchandise, products, securities, service, lodging, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for rent, lease, sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, makes, publishes, posts, disseminates, displays, circulates, or places before the public, or causes, directly or indirectly, to be made, published, posted, disseminated, displayed, circulated, or placed before the public in this state, in a newspaper or other publication or in form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, sign, or billboard, or in any other way, an advertisement of any sort regarding such lodging, meals, merchandise, products, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 230Mr. Dotson
CHAPTER 138
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 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 74 of the above-entitled act, being section 10023, N.C.L. 1929, is hereby amended to read as follows:
Section 74. Every prisoner confined in a prison, or being in the lawful custody of an officer or other person, who shall escape or attempt to escape from such prison or custody, if he is held on a charge, conviction or sentence of a felony, shall be guilty of a felony; if held on a charge, conviction or sentence of a gross misdemeanor or misdemeanor, he shall be guilty of a misdemeanor.
κ1955 Statutes of Nevada, Page 192 (CHAPTER 138, AB 230)κ
conviction or sentence of a felony, shall be guilty of a felony; if held on a charge, conviction or sentence of a gross misdemeanor or misdemeanor, he shall be guilty of a misdemeanor.
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.
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Assembly Bill No. 221Mr. Leighton
CHAPTER 139
AN ACT to amend an act entitled An Act to provide for the adoption of children, defining the methods of procedure therefor, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 28, 1953.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of the above-entitled act, being chapter 332, Statutes of Nevada 1953, at page 558, is hereby amended to read as follows:
Section 9. When Consent Unnecessary.
Consent of a parent to an adoption shall not be necessary where parental rights have been terminated by an order of a court of competent jurisdiction.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 220Committee on Judiciary
CHAPTER 140
AN ACT to amend an act entitled An Act making the public service commission administrative commissioner, providing for the revocation of licenses in certain cases, requiring the giving of security for payment of judgments for damages, providing for motor liability policies, providing penalties for the violation hereof, and other matters relating thereto, approved March 23, 1949.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of the above-entitled act, being chapter 127, Statutes of Nevada 1949, at page 202, is hereby amended to read as follows:
Section 9. Custody, Disposition and Return of Security.
Security deposited in compliance with the requirements of this article shall be placed by the commissioner in the custody of the state treasurer and shall be applicable only to the payment of a judgment or judgments rendered against the person or persons on whose behalf the deposit was made, for damages arising out of the accident in question in an action at law, begun not later than one year after the date of such accident, or within one year after the date of deposit of any security under subdivision 3 of section 6 and such deposit or any balance thereof shall be returned to the depositor or his personal representative when evidence satisfactory to the commissioner has been filed with him that there has been a release from liability, or a final adjudication of nonliability, of a duly acknowledged agreement, in accordance with subdivision 4 of section 5, or whenever, after the expiration of one year (1) from the date of the accident, or (2) from the date of deposit of any security under subdivision 3 of section 6, the commissioner shall be given reasonable evidence that there is no such action pending and no judgment rendered in such action left unpaid.
κ1955 Statutes of Nevada, Page 193 (CHAPTER 140, AB 220)κ
or judgments rendered against the person or persons on whose behalf the deposit was made, for damages arising out of the accident in question in an action at law, begun not later than one year after the date of such accident, or within one year after the date of deposit of any security under subdivision 3 of section 6 and such deposit or any balance thereof shall be returned to the depositor or his personal representative when evidence satisfactory to the commissioner has been filed with him that there has been a release from liability, or a final adjudication of nonliability, of a duly acknowledged agreement, in accordance with subdivision 4 of section 5, or whenever, after the expiration of one year (1) from the date of the accident, or (2) from the date of deposit of any security under subdivision 3 of section 6, the commissioner shall be given reasonable evidence that there is no such action pending and no judgment rendered in such action left unpaid.
In cases where a return to a depositor or his personal representative is authorized and warranted under the provisions of this section but the address or present whereabouts of such depositor be unknown and cannot be readily ascertained by the commissioner, the security deposited may, 90 days after its return would be authorized by this section, be transferred from the custody of the state treasurer to the state highway fund for the general use of the department of highways upon the written and certified request of the commissioner. The request made by the commissioner shall state the names of the parties, the dates and a concise statement of the facts involved and shall be forwarded in duplicate to the state controller and the state treasurer. The state controller and the state treasurer are hereby directed to transfer the amounts of security deposits from the custody of the state treasurer to the state highway fund in order to effectuate the purposes of this section upon being satisfied that the provisions of this act have been complied with. If the depositor of the security, or his rightful heirs or legatees, within 5 years after the transfer of the deposit to the state highway fund, presents a verified claim to the commissioner and makes proof of the validity of such claim, the commissioner, if he be satisfied as to the validity of the claim, may determine the amount thereby found to be due and certify it to the state controller who shall draw his warrant therefor on the state treasurer who shall pay the same out of the state highway fund. If the commissioner denies the validity of the claim, the claimant, upon notice to the attorney general, has a right to appeal to the first judicial district court in and for the county of Ormsby and present his proof of the validity of the claim and if, after hearing, the court is satisfied the claimant is rightfully entitled to the deposit, the court shall enter a decree that the money be paid to him. The decree shall be certified to the state board of examiners, stating the amount thereby found to be due, and the board shall allow the same and certify it to the state controller who shall draw his warrant therefor on the state treasurer who shall pay the same out of the state highway fund. The amounts now in the custody of the state treasurer falling under the provisions of this section may be transferred to the state highway fund, after the expiration of 90 days from the effective date of this act, in accordance with the provisions hereof.
κ1955 Statutes of Nevada, Page 194 (CHAPTER 140, AB 220)κ
state highway fund, after the expiration of 90 days from the effective date of this act, in accordance with the provisions hereof.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 172Clark County Delegation
CHAPTER 141
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.
[Approved March 19, 1955]
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 2228, N.C.L. 1929, as last amended by chapter 19, Statutes of Nevada 1943, at page 17, is hereby amended to read as follows:
Section 4. The board of hospital trustees shall make and adopt such bylaws, rules, and regulations for their own guidance and for the government of the hospital as may be deemed expedient for the economic and equitable conduct thereof, not inconsistent with this act or the ordinances of the city or town wherein such hospital is located. They shall have the exclusive control of the expenditures of all moneys collected to the credit of the hospital fund, and of the purchase of the site or sites, the purchase or construction of any hospital building or buildings, and of the supervision, care, and custody of the grounds, rooms, or buildings purchased, constructed, leased, or set apart for that purpose; provided, that all moneys received for such hospital shall be deposited in the treasury of the county in which such hospital is situated to the credit of the hospital fund, and paid out only upon warrants drawn by the board of hospital trustees of said county or counties upon properly authenticated vouchers of the hospital board, after approval of the same by the county auditor. Said board of hospital trustees shall have power to appoint a suitable superintendent or matron, or both, and necessary assistants, and to employ physicians, surgeons and internes, either full or part time, as they determine necessary, and to fix their compensations, and shall also have power to remove such appointees and employees; and shall in general carry out the spirit and intent of this act in establishing and maintaining a county public hospital. The board of hospital trustees shall hold meetings at least once each month, shall keep a complete record of all its transactions, and three members of said board shall constitute a quorum for the transaction of business. One of said trustees shall visit and examine said hospital twice each month and the board shall, during the first week in February of each year, file with the board of county commissioners of said county a report of their proceedings with reference to such hospital, and shall file with said board of county commissioners during the first week in February in each year a budget as required of all governmental agencies of this state by an act entitled An Act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies or political subdivisions of the State of Nevada; repealing certain acts and parts of acts, and other matters properly connected herewith, approved March 28, 1953, and in the fiscal management of the affairs of said public hospital and all other institutions under the supervision, government, and control of the board of hospital trustees shall be governed by the provisions of said act as amended.
κ1955 Statutes of Nevada, Page 195 (CHAPTER 141, AB 172)κ
in February of each year, file with the board of county commissioners of said county a report of their proceedings with reference to such hospital, and shall file with said board of county commissioners during the first week in February in each year a budget as required of all governmental agencies of this state by an act entitled An Act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies or political subdivisions of the State of Nevada; repealing certain acts and parts of acts, and other matters properly connected herewith, approved March 28, 1953, and in the fiscal management of the affairs of said public hospital and all other institutions under the supervision, government, and control of the board of hospital trustees shall be governed by the provisions of said act as amended. No trustee shall have personal pecuniary interest, either directly or indirectly, in the purchase of any supplies for said hospital, unless the same are purchased by competitive bidding.
The board of hospital trustees shall have power by proper legal action to collect claims due, owing, and unpaid to said public hospital from any person dealing with the same, and they are hereby authorized to pay from the hospital fund herein provided for all fees and expenses necessarily incurred by said board of hospital trustees in connection with the collection of said claims.
Sec. 2. Section 11 of the above-entitled act, being section 2235, N.C.L. 1929, is hereby amended to read as follows:
Section 11. In the management of such public hospital no discrimination shall be made against practitioners of any regular school of medicine and surgery recognized by the laws of Nevada, and all such regular practitioners shall have equal privileges in treating patients in said hospital. The patient shall have the right to employ at his, or her, own expense his, or her, own physician, or nurse, and when acting for any patient in such hospital the physician employed by such patient shall have the exclusive charge of the care and treatment of such patient, and nurses therein shall as to such patient be subject to the directions of such physician, subject always to such general rules and regulations as shall be established by the board of trustees under the provisions of this act. The said board of trustees shall organize a staff of physicians composed of every regular practicing physician in the county in which said hospital is located, and each physician shall hold his position on said staff so long as he complies with the rules and regulations laid down by the board of hospital trustees, and it shall be the duty of the said staff to organize in a manner prescribed by the said board so that there shall be a rotation of service among the members of said staff to give proper medical and surgical attention and service to the indigent sick, injured or maimed who may be admitted to the said hospital for treatment, and no member of said staff nor any other physician who attends such indigent patient shall receive any compensation for his services, except as otherwise provided in section 4 of this act.
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κ1955 Statutes of Nevada, Page 196κ
Assembly Bill No. 169Mr. Hose
CHAPTER 142
AN ACT to amend an act entitled An Act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 125, Statutes of Nevada 1907, at page 241, also designated as sections 1100 to 1212, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section designated as section 28 3/4, which shall immediately follow section 28 1/2 and shall read as follows:
Section 28 3/4. The city council shall have the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by the council. The council shall have the power to acquire property within the city, by any lawful means except by eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The council may, after an election is held in conformity with the provisions of chapter 70, Statutes of Nevada 1937, at page 141, 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, and a majority of the ballots cast of each color therein is in favor of the issuance of such bonds, issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, provided that the city council may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 146Committee on Fish and Game
CHAPTER 143
AN ACT to amend an act entitled An Act prohibiting the keeping of live wild animals, wild birds, or other wild life for display purposes, authorizing the fish and game commission to permit such keeping by certain individuals and bodies politic; providing penalties for violation, and other matters properly relating thereto, approved March 15, 1947.
[Approved March 19, 1955]
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 495, Statutes of Nevada 1947, at page 273, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 197 (CHAPTER 143, AB 146)κ
Section 3. Any individual may apply to the state fish and game commission for a permit to maintain a private collection of live wild animals, wild birds or reptiles, and the commission, being satisfied that such collection will not be maintained for public display nor as a part of or adjunct to any commercial establishment, may grant such permit. The permit shall authorize the permittee to keep and maintain live predatory animals, live wild birds and live reptiles, subject to inspection by the commission or its agents, and shall be revocable at any time. Nothing in this act shall be construed to prohibit the collection, housing, and study of animals, birds, or reptiles by those engaged in scientific research, by and with the consent of the state of fish and game commission.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 111Mr. Barnum
CHAPTER 144
AN ACT to amend an act entitled An Act to provide for city, county, and regional planning in a certain class of counties the creation, organization, and powers of planning commissions and zoning boards of adjustment; the regulation of the use of land and of the subdivision of land; the improvement of streets; the inspection of structures and providing penalties for the violation of this act, approved March 28, 1941.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 15 of the above-entitled act, being section 5063.14, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 15. The governing body of any county or of any city which enacts zoning regulations under the authority of this act may provide by ordinance for a board of adjustment of five members and for the manner of appointment and compensation of such members. The members of the board of adjustment shall hold no other public office except that one of said members may also be a member of the planning commission. The governing body shall fix the terms of office of the members of the board of adjustment and said terms shall be so arranged that one will expire each year. Members may be removed for inefficiency, neglect of duty, or malfeasance of office after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this act. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
κ1955 Statutes of Nevada, Page 198 (CHAPTER 144, AB 111)κ
examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 84Committee on Fish and Game
CHAPTER 145
AN ACT to repeal an act entitled An Act providing free fishing, hunting and deer tag licenses to citizens sixty years of age and upwards, and repealing all acts and parts of acts in conflict herewith, approved March 30, 1935.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 159, Statutes of Nevada 1935, at page 339, also designated as sections 3152.01 to 3152.03, inclusive, 1929 N.C.L. 1941 Supp., is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 80Committee on Fish and Game
CHAPTER 146
AN ACT to amend an act entitled An Act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds and fish; creating the state fish and game commission, county game management boards, and certain other offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the regulation and licensing of hunting, trapping, game farming and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries and refuges, and the establishment, closing, opening and shortening of hunting and fishing seasons; regulating the taking, transportation and possession of wild animals, wild birds and fish; providing for the condemnation of property for certain purposes; providing for the instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom; providing penalties for violation thereof; and repealing certain acts and parts of acts in conflict therewith, approved March 22, 1947.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 69 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, as amended by chapter 146, Statutes of Nevada 1949, at page 302, is hereby amended to read as follows:
Section 69. Except when authorized by commission regulation, it shall be unlawful for any person at any time to hunt any deer, antelope, elk, mountain sheep, or mountain goat with any shotgun, or any pistol or revolver, or with any gun or firearm capable of firing two or more rounds with one continuous pull of the trigger, or with any full steel, full metal jacket, tracer, or incendiary bullet.
κ1955 Statutes of Nevada, Page 199 (CHAPTER 146, AB 80)κ
pistol or revolver, or with any gun or firearm capable of firing two or more rounds with one continuous pull of the trigger, or with any full steel, full metal jacket, tracer, or incendiary bullet. Rifles used for such purpose shall exert at least 1,000 foot pounds of energy at 100 yards.
It shall also be unlawful to use hounds or dogs in the hunting of deer, except that a dog determined by a state game warden to be of any breed other than a hound and certified as such by said warden, and which is not used in the trailing, tracking, flushing or pursuing of unwounded deer as determined by state game warden, may accompany a deer hunter engaged in hunting deer; provided, that before such hunter shall hunt deer accompanied by a dog or dogs as described herein he shall obtain a permit from the county game management board of the county in which he desires to hunt; provided further, that dogs as herein permitted may be used only in tracking, trailing and bringing to bay of wounded deer.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 6Mr. Kean
CHAPTER 147
AN ACT to amend an act 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 30, 1953.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 344, Statutes of Nevada 1953, at page 597, is hereby amended by adding thereto a new section, to be designated as Section 1.1, which shall read as follows:
Section 1.1. In addition to the property enumerated in section 1 of this act, the following property shall also be exempt from taxation: The real and personal property of organized and incorporated volunteer fire departments; provided, that such exemption shall in no case exceed the sum of $5,000 assessed valuation of such property to any one organized and incorporated volunteer fire department.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 200κ
Senate Bill No. 150Senator Lovelock
CHAPTER 148
AN ACT to amend an act entitled An Act to provide a code for the State of Nevada for fraternal benefit societies; to regulate such societies; to consolidate, revise and codify the laws of this state relative thereto; to provide the effective date of the provisions of this code; to preserve the rights of the societies and their members under existing contracts, and to repeal article 16 of the Nevada insurance act of 1941, being sections 3656.122-3656.128, inclusive, 1931-1941 Supp. N.C.L. 1929, approved March 28, 1949.
[Approved March 19, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 29 of the above-entitled act, being chapter 217, Statutes of Nevada 1949, at page 474, is hereby amended to read as follows:
Section 29. Examination of Foreign Societies. The commissioner, or any person whom he may appoint, may examine any foreign society transacting or applying for admission to transact business in this state. The commissioner may employ assistants, and he, or any person he may appoint, shall have free access to all books, papers, and documents that relate to the business of the society. He may, in his discretion, accept, in lieu of such examination, the examination of the insurance department of the state, territory, district, province or country in which such society is incorporated. The compensation and actual expenses of the examiners making any such examination, and for all general or special valuations, shall be paid by the society examined, or whose contract obligations have been valued upon statements furnished by the commissioner. If any such society, or its officers, refuse to submit to such examination, or to comply with the provisions of the section relative thereto, the authority of such society to write new business in the state shall be suspended or license refused until satisfactory evidence is furnished the commissioner relating to the condition and affairs of the society, and during such suspension the society shall not write new business in this state.
Sec. 2. This act shall become effective upon passage and approval.
________