[Rev. 3/1/2019 5:23:13 PM]
κ1955 Statutes of Nevada, Page 401 (CHAPTER 244, SB 159)κ
Sec. 3. Section 3 of the above-entitled act, being chapter 200, Statutes of Nevada 1953, at page 235, is hereby amended to read as follows:
Section 3. If the assemblyman or senator does not travel from his home daily, but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed the per diem expense allowance made to officers and employees of the state for each day he is away from his home and for the entire period that the state legislature is in session.
Sec. 4. Section 5 of the above-entitled act, being chapter 200, Statutes of Nevada 1953, at page 235, is hereby amended to read as follows:
Section 5. This act shall be effective upon passage and approval, and claims hereunder are authorized to be allowed for the expenses incurred in attendance at the 47th session of the legislature.
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Senate Bill No. 184Committee on Taxation
CHAPTER 245
AN ACT to amend an act entitled An Act authorizing the filing and recording and furnishing certified copies without charge by the several county recorders of this state of instruments tendered by the United States and other matters relating thereto, approved February 22, 1943.
[Approved March 26, 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 16, Statutes of Nevada 1943, at page 15, is hereby amended to read as follows:
Section 1. The county recorders of the various counties of this state are hereby required, free of charge therefor, to file and record in their respective offices and in the books provided therefor, deeds of conveyances or judgments vesting or perfecting title in the United States and federal tax liens and releases, filed by an officer of the Federal Government and to certify, free of charge, copies of such instruments furnished by the interested government representative.
Sec. 2. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 402κ
Senate Bill No. 199Committee on Banks, Banking and Corporations
CHAPTER 246
AN ACT to amend an act entitled An Act providing a general corporation law, approved March 21, 1925.
[Approved March 26, 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 1603, 1929 N.C.L. 1941 Supp., as last amended by chapter 121, Statutes of Nevada 1949, at page 158, is hereby amended to read as follows:
Section 4. The certificate or articles of incorporation shall set forth:
1. The name of the corporation (which name shall end with the word Incorporated, Limited, Inc., or Ltd., or shall contain one of the following words, used therein as a substantive noun, Association, Company, Co., Corporation, Corp., Club, Society, Syndicate, Synd., Union) shall not be the same as, or deceptively similar to, the name of any other corporation formed or incorporated in this state or of any foreign corporation authorized to transact business within this state or a name reserved for the use of any other proposed corporation as provided in section 4a of this act.
2. The name of the county, and of the city, or town, and of the place within the county, city or town in which its principal office or place of business is to be located in this state, giving the street and number wherever practicable; and if not so described as to be easily located within the said county, city or town, the secretary of state shall refuse to issue his certificate until such location is marked and established.
3. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It shall be a sufficient compliance with this subsection to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such statement shall make all lawful activities within the objects or purposes of the corporation.
4. The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist; or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of such shares, if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value. If the corporation is to issue more than one class of stock, there shall be set forth therein a description of the different classes thereof and a statement of the relative rights of the holders of stock of such classes; and if the corporation is to issue in series any class of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or classes, there shall be set forth in the certificate or articles of incorporation the limits, if any, of variation between each series of each class, as to amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion price, or otherwise; provided, however, that in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the same as provided by section 11 of this act.
κ1955 Statutes of Nevada, Page 403 (CHAPTER 246, SB 199)κ
of variation between each series of each class, as to amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion price, or otherwise; provided, however, that in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the same as provided by section 11 of this act.
5. Whether the members of the governing board shall be styled directors or trustees of the corporation, and the number, names and post-office address of the first board of directors or trustees, which shall not be less than three (3); together with any desired provisions relative to the right to change the number of directors as provided by section 33 of this act.
6. Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in shall be subject to assessment to pay the debts of the corporation, and unless provision is made in such original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock, and no stock issued as fully paid up, shall ever be assessable, or assessed, and the articles of incorporation shall not be amended in this particular.
7. The name and post-office address of each of the incorporators signing the certificate or articles of incorporation.
8. Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.
9. The certificate or articles of incorporation may also contain any provisions which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the said corporation; provided, such provisions are not contrary to the laws of this state.
Insurance, mutual fire insurance companies, surety companies, express companies and railroad companies may be formed under this act; provided, however, that no corporation formed for the purpose of conducting such business shall transact any such business within the State of Nevada until such corporation has first complied with all laws now in effect or hereafter enacted concerning or affecting the right to engage in such business; and provided further, that such corporation shall not infringe the laws of such other state or county in which it may intend to engage in business, by so incorporating under this act. No trust company, or building and loan association, or corporation organized for the purpose of conducting a banking business shall be organized under this act.
Sec. 2. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 404κ
Senate Bill No. 200Committee on Banks, Banking and Corporations
CHAPTER 247
AN ACT to amend an act entitled An Act to require foreign corporations to qualify before carrying on business in this State, regulating and prescribing the manner thereof, other matters pertaining thereto, and repealing all other acts in conflict herewith, approved March 20, 1907.
[Approved March 26, 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 1841, N.C.L. 1929, as last amended by chapter 144, Statutes of Nevada 1951, at page 203, is hereby amended to read as follows:
Section 1. Every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or foreign country, which shall hereafter enter this state for the purpose of doing business therein, must, before commencing or doing any business in this state, file in the office of the secretary of state of the State of Nevada a certified copy of its articles of incorporation, or of the statute or statutes, or legislative, or executive, or governmental acts, or other instrument or authority by which it was created, and of all papers, documents and instruments amendatory thereof, supplemental thereto, or otherwise related to any of the aforesaid instruments of creation, and which, pursuant to the laws of the place of its creation are required to be filed or recorded therein; and which have been so filed or recorded therein since its creation and to the date of submission to the office of the secretary of state of the State of Nevada of the aforesaid papers, documents and instruments for the purpose of qualifying such corporation in this state; and submit with such certified papers a second copy of all thereof, conformed in every respect to such certified papers, for certification by the secretary of state of this state for filing by said corporation in the office of the county clerk of the county where its principal place of business in this state is located.
The certification of the aforesaid corporate papers shall be made under the hand and seal of the official of the place of creation of such corporation, having the custody of such corporate papers or records; and if such place of creation shall be a foreign country, such officials status, as such, shall also be authenticated in such manner as may, in such foreign country, be applicable to papers certified therein which are for filing or record in some other country.
Any foreign corporation qualified to transact business in this state shall, upon the filing in the state of its creation of any paper, document or instrument amendatory of, supplemental to, or otherwise related to the instrument of its creation, and which, pursuant to the laws of the place of its creation are to be filed or recorded therein shall forthwith file with the secretary of state of this state a copy thereof, certified by the official with whom the same shall have been filed in the place of its creation, in the manner heretofore prescribed and set forth in this section.
κ1955 Statutes of Nevada, Page 405 (CHAPTER 247, SB 200)κ
the place of its creation, in the manner heretofore prescribed and set forth in this section.
If any such corporation shall fail so to file any of the papers referred to in the preceding paragraph of this section, in the manner and at the time therein prescribed, and the secretary of state shall have knowledge that the same have not been thus filed in his office but are of record in the place wherein the corporation was created, he shall refuse to file any such papers thereafter submitted for filing until such corporation shall first cause to be filed in his office and pay the filing fee applicable thereto, such papers as the corporation has failed previously to file as provided in the preceding paragraph of this section.
In the event the papers by this section required to be filed in this state are of record in the place of its creation in a foreign language, such certified papers in such foreign language, shall be accompanied by a verified translation thereof into the English language.
The secretary of state shall not file the articles of incorporation of any foreign corporation whose name is the same as, or deceptively similar to, the name of any corporation formed or incorporated in this state or any other foreign corporation authorized to transact business within this state or a name reserved for the use of any proposed corporation under section 4a of chapter 177, Statutes of Nevada 1925.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 218Committee on Finance
CHAPTER 248
AN ACT to amend an act entitled An Act establishing a permanent commission for the revision, compilation, annotation and publication of the laws of the State of Nevada; prescribing certain duties of a temporary and permanent nature; making an appropriation therefor, and other matters properly connected therewith, approved March 22, 1951.
[Approved March 26, 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 304, Statutes of Nevada 1951, at page 470, is hereby amended by adding thereto a new section to be designated as section 4.5, which shall immediately follow section 4 and shall read as follows:
Section 4.5. Notwithstanding any of the provisions of chapter 294, Statutes of Nevada 1953, at page 460, any unexpended balance of the appropriation made to the statute revision commission by section 41 of chapter 294, Statutes of Nevada 1953, at page 463, shall not revert to the general fund on July 1, 1955, but shall be placed to the credit of the statute revision commission in the state treasury in a fund hereby created and designated as the statute revision commission printing and binding fund, which fund shall be used only for the printing and binding of the Nevada Revised Statutes in the manner provided by this act.
κ1955 Statutes of Nevada, Page 406 (CHAPTER 248, SB 218)κ
printing and binding of the Nevada Revised Statutes in the manner provided by this act.
Sec. 2. Section 15 of the above-entitled act, being chapter 304, Statutes of Nevada 1951, at page 472, as amended by chapter 280, Statutes of Nevada 1953, at page 390, is hereby amended to read as follows:
Section 15. The member of the commission who is chief justice of the supreme court for the period from the effective date of this act to January 1, 1957, shall receive an annual salary of $8,500. The member of the commission who is chief justice of the supreme court for the period from January 1, 1957, to July 1, 1957, shall receive an annual salary of $6,500. The member of the commission who is senior justice of the supreme court for the period from the effective date of this act to January 1, 1957, shall receive an annual salary of $6,500. The member of the commission who is senior justice of the supreme court for the period from January 1, 1957, to July 1, 1957, shall receive an annual salary of $1,500. The member of the commission who is junior justice of the supreme court for the period from the effective date of this act to January 1, 1957, shall receive an annual salary of $1,500. The member of the commission who is junior justice of the supreme court for the period January 1, 1957, to July 1, 1957, shall receive an annual salary of $1,500. The salaries herein provided for shall be paid out of any appropriation heretofore or hereafter made by direct legislative appropriation from the general fund.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 229Committee on Education and State University
CHAPTER 249
AN ACT providing for the acceptance of benefits of emergency federal assistance to the states and territories in the construction of public elementary and secondary school facilities; designating the state board of education as the state agency charged with the responsibilities of administering this act and complying with the requirements of the Federal Government; authorizing the state treasurer to receive and be custodian of any funds received hereunder; and other matters properly relating thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The State of Nevada hereby accepts any and all benefits proffered to it under and by virtue of that act of the Congress of the United States entitled An Act to provide financial assistance to the States and Territories in the construction of urgently needed public elementary and secondary school facilities, and for other purposes.
Sec. 2. The state board of education is hereby designated as the state agency charged with the responsibilities of administering this act and complying, on behalf of the State of Nevada, with any requirements established by law incident to the receipt of funds from the Federal Government pursuant to the act of Congress above denominated.
κ1955 Statutes of Nevada, Page 407 (CHAPTER 249, SB 229)κ
Federal Government pursuant to the act of Congress above denominated.
Sec. 3. The state treasurer shall receive and be custodian of all funds received pursuant to the act of Congress. All funds so received and in the custody of the state treasurer shall be disbursed by the state board of education subject to the terms and conditions and in the manner provided in the act of Congress, and all moneys shall be paid out on claims as other claims against the state are paid.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 240Committee on Judiciary
CHAPTER 250
AN ACT to amend an act entitled An Act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto, approved March 28, 1919.
[Approved March 26, 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 6109, N.C.L. 1929, is hereby amended to read as follows:
Section 10. Every public utility, as defined in this act, shall keep and render to the commission in the manner, form and detail prescribed by the commission, uniform and detailed accounts of all business transacted and shall furnish such commission with an annual report in such form and detail as shall be prescribed by the commission; the accounts of every public utility as herein defined shall be closed annually on the first day of January and the reports herein required shall be filed not later than April 15, following; the commission may at any time call for desired information omitted from such reports or not provided for therein, when in the judgment of the commission such information is necessary.
Any commissioner or any person or persons authorized by the commission shall have the right to examine the books, accounts, records, minutes, and papers of any public utility for the purpose of determining their correctness and whether they are being kept in accordance with the rules and regulations and form prescribed by the commission; provided, where any such public utility is required by the United States government to keep accounts in a specified manner, such system shall be followed, also the fiscal years as fixed by the government.
Sec. 2. Section 32 of the above-entitled act, being section 6132, N.C.L. 1929, is hereby amended to read as follows:
Section 32. All rates, fares, charges, classifications, and joint rates fixed by the commission shall be in force, and shall be prima facie lawful from the date of the order until changed or modified by the commission, or in pursuance of section 33 of this act. All regulations, practices, and service prescribed by the commission shall be enforced and shall be prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of section 33 of this act, or until changed or modified by the commission itself upon satisfactory showing made, or by the public utility by filing a bond pursuant to section 33 of this act.
κ1955 Statutes of Nevada, Page 408 (CHAPTER 250, SB 240)κ
practices, and service prescribed by the commission shall be enforced and shall be prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, pursuant to the provisions of section 33 of this act, or until changed or modified by the commission itself upon satisfactory showing made, or by the public utility by filing a bond pursuant to section 33 of this act.
Sec. 3. Section 33 of the above-entitled act, being section 6133, N.C.L. 1929, is hereby amended to read as follows:
Section 33. Any party in interest being dissatisfied with an order of the commission fixing any rate or rates, fares, charges, classifications, joint rate or rates, or any order fixing any regulations, practices or services, may within ninety (90) days commence an action in the district court of the proper county against the commission and other interested parties as defendants to vacate and set aside any such order on the ground that the rate fixed in such order is unlawful or unreasonable, or that any such regulation, practice, or service, fixed in such order is unreasonable. The commission and other parties defendant shall file their answers to said complaint within thirty (30) days after the service thereof, whereupon such action shall be at issue and stand ready for trial upon twenty (20) days notice to either party.
All actions brought under this section shall have precedence over any civil cause of a different nature pending in such court, and the court shall always be deemed open for the trial thereof, and the same shall be tried and determined as other civil actions; any party to such action may introduce evidence in addition to the transcript of the evidence offered to said commission.
(a) No injunction shall issue suspending or staying any order of the commission relating to rates, fares, charges, classification, joint rate or rates, or any order fixing any regulations, except upon application to the court or judge thereof, upon notice given the commission within 20 days of the rendition of the order of the commission complained of and no such injunction shall issue except upon such notice being first given and a hearing of the petition therefor by the court or judge thereof within 20 days thereafter; provided, that in any event that all rates, charges and regulations of the commission shall be deemed reasonable and just until set aside by the court, and in all actions for injunction or otherwise the burden of proof shall be upon the party attacking or resisting the order of the commission to show by clear and satisfactory evidence that the order is unlawful, or unreasonable, as the case may be. In the event an injunction is granted by the court and the order complained of is one which permanently suspends a schedule of rates and charges or a part thereof filed by any utility pursuant to section 14 of this act or which otherwise prevents such schedule or part thereof from taking effect, the public utility complaining may keep in effect or cause to be put into effect, as the case may be, the suspended schedule or part thereof pending final determination by the court having jurisdiction, by filing a bond with the court in such amount as the court may fix conditioned upon the refund to persons, firms, companies, or corporations entitled thereto of the amount of the excess if the rate or rates so suspended are finally determined by the court to be excessive.
κ1955 Statutes of Nevada, Page 409 (CHAPTER 250, SB 240)κ
court to be excessive. Upon the final determination of the court that the rate or rates in question are excessive and the public utility shall have collected such excessive rate or rates, it shall be the duty of such public utility to compute and pay the excess or overpayment of the rate or rates as to each individual rate payer within 60 days from and after the entry of final judgment of the court. Within 90 days after the entry of final judgment the public utility shall prepare and file with the commission a statement and report in affidavit form stating that all rate payers entitled to refunds have been paid, and if there are rate payers to whom payment has not or cannot be made, the names, addresses and individual amounts of refund shall be listed in such report, and the public utility shall pay the aggregate of all such unpaid refunds to the commission. The commission shall retain such aggregate refunds subject to the claim of each rate payer for his, her or its share in the refund payment and shall pay all such claims which are presented for payment within 2 years from and after the date of the entry of final judgment of the court. All such claimants shall be required to identify themselves to the satisfaction of the commission before payment shall be made. Any rate payer shall have a right of action against the commission in the event of a refusal of the commission to pay his, her or its claim if the name of such rate payer appears in the report filed by the public utility. Action against the commission must be brought within 6 months from and after the refusal to pay the same. The commission shall investigate every case in which a claim is presented to it by a person claiming a refund but whose name does not appear in the report of the public utility, and if such investigation results in a refusal by the utility to pay such claim, then the claimant shall have a right of action against the public utility. Any unclaimed moneys remaining in the custody of the commission at the expiration of the 2-year period shall escheat to the state.
(b) If, upon the trial of such action, evidence shall be introduced by the plaintiff which is found by the court to be different from that offered upon the hearing before the commission, or additional thereto, the court, before proceeding to render judgment, unless the parties to such action stipulate in writing to the contrary, shall transmit a copy of such evidence to the commission, and shall stay further proceedings in said action for 30 days from the date of such transmission. Upon receipt of such evidence the commission shall consider the same, and may alter, modify, amend, or rescind its orders relating to such rate or rates, fares, charges, classifications, joint rate or rates, regulation, practice, or service complained of in said action, and shall report its action thereon to said court within 25 days from the receipt of such evidence.
(c) If the commission shall rescind its order complained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified, or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon, as though made by the commission in the first instance. If the original order shall not be rescinded or changed by the commission, judgment shall be rendered upon such original order.
κ1955 Statutes of Nevada, Page 410 (CHAPTER 250, SB 240)κ
(d) Either party to said action, within sixty (60) days after the service of a copy of the order or judgment of the court, may appeal or take the case up on error as in other civil actions. Where an appeal is taken to the supreme court of Nevada, the cause shall, on the return of the papers to the higher court, be immediately placed on the calendar of the then pending term, and shall be assigned and brought to a hearing in the same manner as other causes on the calendar.
Sec. 4. Section 36 1/2 of the above-entitled act, being section 6137, N.C.L. 1929, as last amended by chapter 228, Statutes of Nevada 1947, at page 743, is hereby amended to read as follows:
Section 36 1/2. Every public utility owning, controlling, operating, or maintaining or having any contemplation of owning, controlling, or operating any public utility shall, before beginning such operation or continuing of operations, or construction of any line, plant, or system or any extension of a line, plant, or system within this state, obtain from the public service commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction; provided, that except as to automobile common carriers nothing herein shall be construed as requiring a public utility to secure such certificate for any extension within any town or city within which it shall theretofore have lawfully commenced operations or for an extension into territory either within or without the city or town contiguous to its railroad, line, plant, or system, and not then served by a public utility of like character. Upon the granting of any certificate of public convenience, the commission may make such order and prescribe such terms and conditions for the location of lines, plants, or systems to be constructed, extended, or affected as may be just and reasonable.
Every applicant for a certificate of public convenience shall furnish such evidence of its corporate character and of its franchise or permits as may be required by the commission. The commission shall have the power, after hearing, to issue or refuse such certificate of public convenience, or to issue it for the construction of a portion only of the contemplated line, plant, or systems, or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require.
No public utility beginning, prosecuting, or completing any new construction in violation of this act shall be permitted to levy any tolls or charges for services rendered, and all such tolls and charges shall be void.
It shall be unlawful for any public utility to discontinue, modify, or restrict service to any city, town, municipality, community, or territory theretofore serviced by it, except upon twenty (20) days notice filed with the commission, specifying in detail the character and nature of the discontinuance, or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification, or restriction of service.
All hearings and investigations under this section shall be conducted substantially as is provided for hearings and investigations of tolls, charges, and service. Every order refusing or granting any certificates of public convenience, or granting or refusing permission to discontinue, modify or restrict service, as provided in this section, shall be prima facie lawful from the date of the order until changed or modified by the order of the commission or in pursuance of section 33 of this act; provided, however, that a municipality constructing, leasing, operating, or maintaining any public utility shall not be required to obtain a certificate of convenience.
κ1955 Statutes of Nevada, Page 411 (CHAPTER 250, SB 240)κ
of public convenience, or granting or refusing permission to discontinue, modify or restrict service, as provided in this section, shall be prima facie lawful from the date of the order until changed or modified by the order of the commission or in pursuance of section 33 of this act; provided, however, that a municipality constructing, leasing, operating, or maintaining any public utility shall not be required to obtain a certificate of convenience.
A certificate of public convenience issued to a public utility may be transferred to a purchaser of all the assets of the utility. The purchaser shall first furnish such evidence of its corporate character and of its franchise or permits as may be required by the commission, and the commission shall have the power, after hearing, to approve or refuse approval of the transfer, but shall not otherwise alter, amend or abridge the certificate.
Any person, firm, association, or corporation who shall violate any provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than two hundred and fifty ($250) dollars; provided, that each days operation without a certificate as provided herein, or each day that service is discontinued, modified, or restricted, as defined in this section, shall be considered a separate offense.
All motor trucks and motor vehicles now operating under certificates of public convenience heretofore issued by the various boards of county commissioners may continue to operate under such certificates of public convenience until changed or modified by the order of the public service commission, and it shall be the duty of the county clerks of the various counties to file with the public service commission, on or before July 1, 1925, a complete statement of the certificates of public convenience issued by the county commissioners under the provisions of the act approved March 21, 1923, specifically referred to in section 4 hereof.
Sec. 5. This act shall become effective upon passage and approval.
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Senate Bill No. 193Senator Leutzinger
CHAPTER 251
AN ACT to amend an act entitled An Act creating a state department of personnel, defining its powers and duties, making an appropriation, prescribing penalties, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 30, 1953.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 42 of the above-entitled act, being chapter 351, Statutes of Nevada 1953, at page 655, is hereby amended to read as follows:
Section 42. All employees in the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of not less than one and one-quarter working days for each full calendar month of service and may be cumulative from year to year not to exceed thirty working days.
κ1955 Statutes of Nevada, Page 412 (CHAPTER 251, SB 193)κ
pay of not less than one and one-quarter working days for each full calendar month of service and may be cumulative from year to year not to exceed thirty working days. In the event an employee dies and was entitled to accumulated annual leave under the provisions of this act, the heirs of the deceased employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the director of their entitlement, shall be paid an amount of money equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of such deceased employee. Any employee entitled to annual leave on the effective date of this act shall be credited with such unused leave time upon the effective date of this act.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 202Senator Johnson
CHAPTER 252
AN ACT to amend the title of and to amend an act entitled An Act establishing the Nevada museum and art institution; creating a board of control therefor; providing for the reception, collection, preservation, housing, care, display and exhibit of examples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, the property of the State of Nevada or to be obtained through gifts, loans, purchases or accession; defining the duties and powers of said board and the duties of other institutions and agencies in relation thereto; making an appropriation to carry out the purposes of this act; repealing certain acts; and other matters properly relating thereto, approved March 25, 1939.
[Approved March 26, 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 159, Statutes of Nevada 1939, at page 238, also designated as sections 4690 to 4690.06, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
An Act establishing the Nevada state museum; creating a board of directors therefor; empowering the board of directors to adopt a code of bylaws for its own regulation and government and prescribing qualifications for life, annual and sustaining memberships; providing for the reception, collection, preservation, housing, care, display and exhibit of examples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, the property of the State of Nevada or to be obtained through gifts, loans, purchases or accession; allowing the board to accept and apply sums, donations and property subject to the terms and conditions of the donor; defining the duties and powers of the board and the duties of other institutions and agencies in relation thereto; providing for election of directors by the membership; providing for direct appropriations to carry out the purposes of this act; repealing certain acts; and other matters properly relating thereto.
κ1955 Statutes of Nevada, Page 413 (CHAPTER 252, SB 202)κ
of other institutions and agencies in relation thereto; providing for election of directors by the membership; providing for direct appropriations to carry out the purposes of this act; repealing certain acts; and other matters properly relating thereto.
Sec. 2. Section 1 of the above-entitled act, being section 4690, 1929 N.C.L. 1941 Supp., as amended by chapter 243, Statutes of Nevada 1949, at page 529, is hereby amended to read as follows:
Section 1. The Nevada state museum shall be managed by a board of control, hereafter referred to as the board of directors or trustees. The board shall consist of three or five members who shall serve for a term of 4 years and until their respective successors are elected. Upon the expiration of the term of any member serving on the board, his successor shall be elected from the membership by election to be held at the annual meeting of the members of the Nevada state museum. If any vacancy in the board occurs by reason of death, resignation, or otherwise, such vacancy shall be filled until the next annual meeting of the membership by the remaining members of the board and thereafter the remainder of the unexpired term shall be filled by election from the membership at the next ensuing annual meeting. The trustees or members of the board of directors shall serve without salary or other compensation as such, but they shall be reimbursed for their actual expenses and outlays paid or incurred in the performance of their duties.
Sec. 3. Section 2 of the above-entitled act, being section 4690.01, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 2. The Nevada state museum, hereafter referred to as the museum, is hereby established as an institution of the State of Nevada. The general objects and powers of the museum are as follows:
(a) To receive, collect, exchange, preserve, house, care for, display and exhibit samples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, including drawings, etchings, lithographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious and semiprecious and commercial minerals, metals, earths, gems, and stones; books, papers, records, and documents of historic, artistic, literary, or industrial value or interest by reason of rarity, representative character, or otherwise, and particularly, but not exclusively, respecting the State of Nevada. The foregoing enumeration is not exclusive of other general objects and purposes appropriate to a public museum.
(b) The property may be received and collected from any and all appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.
(c) The property shall be housed, preserved, cared for and displayed or exhibited in the museum, to be located at the state capital, Carson City, Nevada. Nothing herein shall prevent the retention, placing, housing or exhibition of a portion of the property, temporarily, in other places or locations within or without the State of Nevada in the sole discretion of the board.
κ1955 Statutes of Nevada, Page 414 (CHAPTER 252, SB 202)κ
Sec. 4. Section 3 of the above-entitled act, being section 4690.02, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 3. The board shall elect its own chairman and secretary from among the membership, shall have its office at Carson City, Nevada, and shall have powers, duties and discretions as follows:
(a) To acquire, supervise, control, manage and operate the Nevada state museum mint building in Carson City, Nevada, and any other buildings or properties that might be acquired, by any means whatsoever, in this state.
(b) To furnish, heat, light, remodel, repair, alter, erect and to supervise the furnishing, remodeling, repairing, alteration and erection of the mint premises and buildings or other premises and buildings which may be conveyed to or made available for the State of Nevada for museum purposes. To that end the board may make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise as they may see fit, subject, however, to all existing laws, except that the state planning board need not be consulted nor need it approve any such plans, specifications, repairs, additions, remodelings, alterations or other type of construction authorized by the board. The board shall have the power to audit and approve all bills, claims and accounts respecting the museum, and the same shall be paid out of any appropriation made herein or which shall be available for the purpose, in the same manner as claims against this state are paid.
(c) To negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storing, custody, display, and exhibit of articles and things controlled by the museum and respecting the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof. Any property of the State of Nevada which may be placed on display or on exhibition at any worlds fair or exposition, shall be taken into custody by the board on the conclusion of such worlds fair or fairs, exposition or expositions, and placed and kept in the museum after the close of such exposition or expositions, subject, however, to be removed and exhibited again at the discretion of the board. The provisions of this section shall not apply to collections belonging to the Nevada historical society, Lost City museum, nor the University of Nevada and the regents of the University of Nevada shall control the university collection.
(d) To manage and control the museum officers and the museum so as to attain and carry out the purposes and objects of this act. To employ and fix the duties, powers, compensations and conditions of employment of all curators, assistants, janitors, laborers, guards and employees of the museum. The staff of the museum shall be in the unclassified service of the state personnel system; provided, however, that custodial, clerical, and maintenance employees of the museum shall be in the classified service.
(e) To receive and accept and obtain by exchange in the name of the State of Nevada all sums, donations and property donated or given in exchange to the State of Nevada or the museum for the purposes of this act and all property loaned for preservation, care, display or exhibit, or to decline and reject the same in its discretion, and to undertake to be responsible for all property loaned to the museum or to make just payment of reasonable costs or rentals therefor; to purchase or obtain the use of property and things, exhibits and displays for the museum; to govern, manage and control the exhibit and display of all property and things of the museum at other exhibits, expositions, worlds fairs, and places of public or private exhibition and to make rules respecting the charging of any admittance price or fee to see such displays or exhibits, either at the museum or elsewhere.
κ1955 Statutes of Nevada, Page 415 (CHAPTER 252, SB 202)κ
the State of Nevada all sums, donations and property donated or given in exchange to the State of Nevada or the museum for the purposes of this act and all property loaned for preservation, care, display or exhibit, or to decline and reject the same in its discretion, and to undertake to be responsible for all property loaned to the museum or to make just payment of reasonable costs or rentals therefor; to purchase or obtain the use of property and things, exhibits and displays for the museum; to govern, manage and control the exhibit and display of all property and things of the museum at other exhibits, expositions, worlds fairs, and places of public or private exhibition and to make rules respecting the charging of any admittance price or fee to see such displays or exhibits, either at the museum or elsewhere. No rule shall permit the charging of any admittance fee or price beyond the necessary outlay for presenting the exhibit (excluding all overhead or capital charges or charges for permanent employees) and no rule shall permit the charging of any admittance price or fee whatever to see the permanent exhibits or displays in the museum at the state capital.
Sec. 5. Section 3.1 of the above-entitled act, being chapter 159, Statutes of Nevada 1939 as added by chapter 68, Statutes of Nevada 1943, at page 92, is hereby amended to read as follows:
Section 3.1. The museum shall be known as and called Nevada state museum, and the board shall be termed and called by the short title of board of directors.
Sec. 6. Section 4 of the above-entitled act, being section 4690.03, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 4. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 251Senator Lovelock
CHAPTER 253
AN ACT to amend the title of and 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 26, 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 344, Statutes of Nevada 1953, at page 597, is hereby amended to read as follows:
An Act to provide revenue for the support of the government of the State of Nevada and its political subdivisions; to provide for legal description of lands for assessment purposes; 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.
κ1955 Statutes of Nevada, Page 416 (CHAPTER 253, SB 251)κ
State of Nevada and its political subdivisions; to provide for legal description of lands for assessment purposes; 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.
Sec. 2. 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 4.5, which shall immediately follow section 4 and shall read as follows:
Section 4.5. For tax purposes, land in this state shall be legally described as follows:
1. Land surveyed under the authority of the United States may be described by township, range, section and fractional section, with its acreage.
2. City lots may be described by naming the city and giving the number of the lot and block, according to the system of numbering the city.
3. When the owners of land have laid out and platted the land into lots, streets, alleys and public places and the maps or plats thereof have been duly filed and approved according to the provisions of An Act authorizing owners of land to lay out and plat such land into lots, streets, alleys and public places, and providing for the approval and filing of maps or plats thereof, approved March 13, 1905, being chapter 126, Statutes of Nevada 1905, at page 223, also designated as sections 1341 to 1354, inclusive, N.C.L. 1929, such land may be described by numbers or letters as shown on the map or plat.
4. When an owner of land has furnished any map or plat not duly filed and approved according to the terms of the above act, and such map or plat contains sufficient information clearly to identify the land, and it is properly identified by and filed with the assessor or the board of county commissioners where the map or plat if filed, then the land may be described by reference to this map.
5. Where any county or county officer possesses a complete, accurate map of any land in the county, the county assessor of such county may number or letter the parcels in a manner approved by the board of county commissioners. The county assessor may renumber or reletter the parcels or prepare new map pages for any portion of such map to show combinations or divisions of parcels in a manner approved by the board of county commissioners of such county, so long as an inspection of such map will readily disclose precisely what land is covered by any particular parcel number or letter in the current or in any prior fiscal year. This map or copy shall at all times be publicly displayed in the office of the assessor.
Land may be described by a reference to this map, except that land shall not be described in any deed or conveyance by a reference to any such map unless such map has been filed for record in the office of the county recorder of the county in which such land is located.
κ1955 Statutes of Nevada, Page 417 (CHAPTER 253, SB 251)κ
6. Land may be described by metes and bounds, or other description sufficient to identify it, giving the locality and an estimate of the number of acres.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 252Senator Lovelock
CHAPTER 254
AN ACT to amend the title of and to amend an act entitled An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcations, misappropriation of funds or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith, approved March 26, 1937.
[Approved March 26, 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 193, Statutes of Nevada 1937, at page 409, also designated as sections 4915.21 to 4915.34, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials or employees; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials and employees, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith.
Sec. 2. Section 3 of the above-entitled act, being section 4915.23, 1929 N.C.L. 1941 Supp., as amended by chapter 128, Statutes of Nevada 1943, at page 177, is hereby amended to read as follows:
Section 3. Every state, county, and township official, and his or her deputy, and officials of incorporated cities and irrigation districts and their deputies in the State of Nevada, required by law in his or their official capacity to furnish surety bond, or bonds, and any employee of any county, township, incorporated city or irrigation district required by order of the board of county commissioners of any county or the governing board of any incorporated city or any irrigation district to furnish surety bond, or bonds, shall apply to the state board of examiners for surety. Every applicant for a bond, is such applicant be an official or employee of a county, township, incorporated city, or irrigation district, or the deputy of such official, shall present his or her application for bond to the district judge of the judicial district within which the office is held for the approval of such judge, and in the event such district judge approves the application and the granting of such bond, he shall indorse thereon such fact, whereupon it shall be the duty of the state board of examiners to issue such bond pursuant to the application.
κ1955 Statutes of Nevada, Page 418 (CHAPTER 254, SB 252)κ
such judge, and in the event such district judge approves the application and the granting of such bond, he shall indorse thereon such fact, whereupon it shall be the duty of the state board of examiners to issue such bond pursuant to the application. In the event such district judge does not approve such application, the bond shall be refused by the state board of examiners. All other officers shall present their applications directly to the state board of examiners, and if, upon investigation, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the said board shall issue to him a surety bond patterned according to instruments of this nature and to meet the provisions of this act. This bond shall have full force and effect as a surety and shall serve all purposes of bonds required by statutes from state or county officials of incorporated cities, townships, or irrigation districts in the State of Nevada.
In the event that any person required to furnish a bond under the provisions of this act shall, for any reason, have his application therefor rejected by the state board of examiners, he shall be notified thereof and he shall have thirty days from the date of said notice to secure and submit a good and sufficient bond, in the sum provided by law, personal, or surety, and said bond, if legally sufficient, shall be accepted and approved by said board.
It shall be the duty of the district judges to promptly approve, or disapprove, such bond applications as are presented to them under the provisions of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 255Committee on State Institutions
CHAPTER 255
AN ACT providing an additional and supplemental appropriation from the state highway fund for the support of the state department of buildings and grounds for the biennium ending June 30, 1955.
[Approved March 26, 1955]
Whereas, Section 20 of chapter 295, Statutes of Nevada 1953, provides for three full-time members of the public service commission of Nevada; and
Whereas, No appropriation was made by the 46th session of the Nevada legislature to pay for alterations in the offices of the public service commission of Nevada and the Nevada highway patrol division, necessitated by placing the membership of the commission on a full-time basis; and
Whereas, The state department of buildings and grounds, which is supported by legislative appropriations from the general fund, expended $1,877.45 for the aforesaid alterations, benefitting agencies supported for the most part by legislative appropriations from the state highway fund; and
κ1955 Statutes of Nevada, Page 419 (CHAPTER 255, SB 255)κ
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 the state highway fund for the use of the state department of buildings and grounds the sum of $1,877.45 for the purpose of reimbursing the department for expenditures made for alterations in the offices of the public service commission of Nevada and the Nevada highway patrol division, and as an additional and supplemental appropriation to that allowed by section 12 of chapter 294, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 264Committee on Finance
CHAPTER 256
AN ACT to amend an act entitled An Act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, providing for the impartial selection of personnel on the basis of merit, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor, and other matters relating thereto, approved March 27, 1911.
[Approved March 26, 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 5254, N.C.L. 1929, is hereby amended to read as follows:
Section 20. The state board of health shall, upon request, furnish any applicant a certified copy of the record of any birth or death registered under the provisions of this act, for the making and certification of which the board shall be entitled to a fee of $1, to be paid by the applicant. And any such copy of the record of a birth or death, when properly certified by the secretary of the state board of health to be a true copy thereof, shall be prima facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy is made the state board of health shall be entitled to a fee of $1 for each hour or fractional part of an hour of time of search, to be paid by the applicant. And the state board of health shall keep a true and correct account of all fees received under these provisions.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 420κ
Assembly Bill No. 170Ormsby County Delegation
CHAPTER 257
AN ACT concerning elected county officers of Ormsby County; fixing the salaries of all county officers in Ormsby County; providing for the appointment and salaries of clerks and deputies in those offices; repealing all acts and parts of acts in conflict herewith, and other matters properly relating thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The elective officers of Ormsby County shall receive the following annual salaries:
Sheriff and ex officio assessor..................................................................... $4,000
District attorney............................................................................................. 3,600
County clerk and ex officio treasurer.......................................................... 3,600
County recorder and ex officio auditor....................................................... 3,600
County commissioners, each....................................................................... 1,000
Sec. 2. The salaries hereinbefore set forth in this act shall be in full compensation for all services rendered Ormsby County by each of the officers. All fees and commissions due and payable, charged or received by any county officers shall be by such officer paid into the general fund of Ormsby County, Nevada; but any fees received by the county recorder and ex officio auditor as public administrator shall be by that official retained for his own use and benefit.
Sec. 3. The county officials of Ormsby County may appoint such number of deputies as each shall deem necessary; but the compensation of such deputies, if any, must first be set by the board of county commissioners.
Sec. 4. The county officials of Ormsby County may appoint such number of clerks and stenographers as may be allowed by the board of county commissioners and the compensation of such clerks and stenographers shall be fixed by the board of county commissioners.
Sec. 5. Chapter 180, Statutes of Nevada 1953, at page 210, entitled An Act concerning elected county officers of Ormsby County; fixing the salaries of all county officers in said county; providing for the appointment and salaries of clerks and deputies in said offices; repeals all acts and parts of acts in conflict herewith, and other matters properly relating thereto, approved March 21, 1953, is hereby repealed, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 421κ
Assembly Bill No. 203Messrs. Pozzi and Waters
CHAPTER 258
AN ACT to amend an act entitled An Act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto, approved March 28, 1919.
[Approved March 26, 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 109, Statutes of Nevada 1919, at page 203, as amended by chapter 201, Statutes of Nevada 1931, at page 320, also designated as section 6112, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 13. The commission may, when necessary, ascertain and prescribe for each kind of public utility adequate, convenient and serviceable standards for the measurement of quality, pressure, voltage or other conditions pertaining to the supply of the product or service rendered by any public utility, and prescribe reasonable regulations for the examination and testing of such products or service and for the measurement thereof. Any consumer, user or party served may have the quality or quantity of the product or the character of any service rendered by any public utility tested upon the payment of fees fixed by the commission, which fees, however, shall be paid by the public utility and repaid to the complaining party if the quality or quantity of the product or the character of the service be found by the commission defective or insufficient in a degree to justify the demand for testing; or the commission may apportion the fees between the parties as justice may require; provided, that it shall be unlawful for any public utility, for any purpose or object whatever, in any city or town containing more than 7,500 inhabitants, to install, operate, or use, within such city or town, any mechanical water meter, or similar mechanical device, to measure the quantity of water delivered to water users; provided further, that nothing in the immediate foregoing proviso shall apply to cities and towns owning and operating municipal water works.
The commission may, in its discretion, purchase such materials, apparatus and standard measuring instruments for such examination and tests as it may deem necessary. The commission shall have the right and power to enter upon any premises occupied by any public utility for the purpose of making the examination and tests provided for in this act and set up and use on such premises any necessary apparatus and appliances and occupy reasonable space therefor. Any public utility refusing to allow such examination to be made as herein provided such be subject to the penalties prescribed in section 11 of this act.
The public service commission of Nevada is authorized and directed to prescribe the standards for the maintenance, use and operation of electric poles, wires, cables and appliances of all public utilities within the state engaged in the business of furnishing electric power, light and energy.
κ1955 Statutes of Nevada, Page 422 (CHAPTER 258, AB 203)κ
the state engaged in the business of furnishing electric power, light and energy.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 208Mr. Leighton
CHAPTER 259
AN ACT to amend an act entitled An Act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts and parts of acts in conflict therewith, approved March 27, 1907.
[Approved March 26, 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 1127, N.C.L. 1929, is hereby amended to read as follows:
Section 27. The style of ordinances shall be as follows: The city council of the city of do ordain, and all proposed ordinances when first proposed, shall be read by title to the city council and may be referred to a committee of any number of the members of the council for consideration, after which at least one copy of the ordinance shall be filed with the city clerk for public examination, and notice of such filing shall be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in such city, at least 1 week prior to the adoption of the ordinance, and the council shall adopt or reject the ordinance, or the ordinance as amended, within 30 days from the date of such publication, except that in cases of emergency, by unanimous consent of the whole counsel, such final action may be taken immediately or at a special meeting called for that purpose. At the next regular or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the counsel, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted or action thereon postponed. After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, be published once in a newspaper published in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in such city, 20 days after such publication the same shall go into effect, except as provided in section 27.7 of this act, and except emergency ordinances which may be effective immediately. In all prosecutions for the violation of any of the provisions of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, but the court before which the proceedings may be pending shall take judicial notice of such ordinance, rule, resolution or other regulation, and of the contents thereof, and in all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.
κ1955 Statutes of Nevada, Page 423 (CHAPTER 259, AB 208)κ
ordinance, rule, resolution, or other regulation of the city council, but the same may be pleaded by title, and may be proved prima facie by the introduction of the original entry thereof on the records of the city council, or a copy thereof certified by the city clerk to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy published or purported to have been published by authority of the city council.
Sec. 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 27.7, which shall read as follows:
Section 27.7. An ordinance adopting any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, and such code upon adoption need not be published as required by section 27, if an adequate number of copies of such code either typewritten or printed with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting the code. Notice of such filing shall be given by one publication in a newspaper in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in such city, at least 1 week prior to the passage of the ordinance adopting the code.
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 27.8, which shall read as follows:
Section 27.8. The city council shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein a copy of this act and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the librarian of the law library of the State of Nevada, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city. The ordinances in such code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signatures of mayor, attestations and other formal parts. Such codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances and the only title necessary for such ordinance shall be An ordinance for codifying and compiling the general ordinances of the city of . Such codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 424κ
Assembly Bill No. 244Messrs. Von Tobel and Leighton
CHAPTER 260
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 26, 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 150, Statutes of Nevada 1947, as amended by chapter 204, Statutes of Nevada 1949, at page 437, is hereby amended to read as follows:
Section 8. Licenses shall be granted only to persons who bear a good reputation for honesty, truthfulness, and fair dealing, and who are of good moral character, and who are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public. The applicant must be a person whose application has not been rejected or denied, except for a failure to pass the written examination, in this or any other state within the period of 1 year prior to the application, or whose real estate license has not been revoked in this or any other state, district or territory of the United States or in any foreign country within 1 year prior to the date of application.
Every applicant for a license as a real estate broker or real estate salesman shall be of the age of 21 years or over, and a citizen of the United States, or who has declared an intention to become a citizen of the United States, and a bona fide resident of the State of Nevada, as evidenced by actual physical presence in the state for a period of a least 6 months next immediately preceding the filing of the application for a license. No brokers license shall be issued to a copartnership, association, or corporation unless all the members of any such copartnership or association, who will actively engage in the real estate business, and all of the officers and directors of any such corporation who will actively engage in the real estate business are 21 years of age or over and citizens of the United States, and residents of the State of Nevada for a period of at least six months next immediately preceding the filing of the application for license; provided, however, that any person not a citizen of the United States may be eligible for license if due proof is made to the commission that he has declared his intention to become a citizen of the United States. Licenses granted hereunder to applicants who have declared their intention to become citizens and who fail to become citizens of the United States in due course, shall be revoked by the commission. Any person licensed as a real estate broker or real estate salesman within the State of Nevada at any time prior to July 1, 1949, shall be exempt from the citizenship requirements of this act, and nothing in this act shall affect the right of such noncitizen now holding a real estate brokers license or a real estate salesmans license to renewal or reinstatement of his license in accordance with the provisions of this act.
κ1955 Statutes of Nevada, Page 425 (CHAPTER 260, AB 244)κ
the right of such noncitizen now holding a real estate brokers license or a real estate salesmans license to renewal or reinstatement of his license in accordance with the provisions of this act.
________
Assembly Bill No. 248Committee on Roads and Transportation
CHAPTER 261
AN ACT to amend an act entitled An Act to provide an excise tax on the use of combustible liquids and gases to propel motor vehicles on the highways of this state; to provide for the issuance of licenses and permits to users and sellers of such liquids and gases; to provide for the levy, assessment, collection, payment and disposition of such tax; to provide for the keeping of records by users and sellers of such liquids and gases; to provide for the administration and enforcement thereof by the Nevada tax commission; to prescribe penalties for violation of the provisions thereof; to provide that such tax shall be in lieu of certain taxes imposed by chapter 74, Statutes of Nevada 1935; and to define certain words, terms and phrases used herein, approved March 31, 1953.
[Approved March 26, 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 364, Statutes of Nevada 1953, at page 683, is hereby amended to read as follows:
Section 3. Excise Tax on Fuels.
1. A tax is hereby imposed at the rate of 6 cents per gallon on the sale or use of special fuel, provided that the sale or use of special fuel for any purpose other than to operate or propel a motor vehicle upon the public highways of Nevada shall be exempt from the application of this tax.
2. The exemption as provided in this section shall apply only in those cases where the purchasers or the users of special fuel shall establish to the satisfaction of the commission that the special fuel purchased or used was used for purposes other than to operate or propel a motor vehicle upon the public highways of Nevada.
3. Sales made to the United States government or any instrumentality thereof shall be exempt from the tax imposed by this act. Sales made to the state, county, municipality, district or other political subdivision thereof, shall be exempt from the tax imposed by this act.
4. The tax herein provided shall be paid by the special fuel dealer in all cases where the special fuel is sold within the State of Nevada to a special fuel user who is not the holder of a special fuel users license. In all other cases the tax shall be paid by the user of such special fuel, and shall be computed by multiplying the tax rate per gallon provided in this act by the number of gallons of special fuel consumed by him in the propulsion of motor vehicles on the highways of this state.
κ1955 Statutes of Nevada, Page 426 (CHAPTER 261, AB 248)κ
Sec. 2. Section 7 of the above-entitled act, being chapter 364, Statutes of Nevada 1953, at page 687, is hereby amended to read as follows:
Section 7. Revocation of Cancellation of License.
1. The tax commission may revoke the license of any special fuel dealer or special fuel user for reasonable cause. Before revoking such license the commission shall send notice by registered mail to such person at his last known address ordering him to appear before the commission at a time not less than 10 days after the mailing of such notice and show cause why such license should not be revoked.
2. The commission shall cancel any license to act as a special fuel dealer or special fuel user immediately upon surrender thereof by the holder.
3. If a surety shall have lodged with the commission a written request to be released and discharged of liability, the commission shall immediately notify the special fuel dealer or special fuel user who furnished the bond, and unless the special fuel dealer or special fuel user shall, on or before the expiration of the 30-day period, file a new bond, as required by the commission, or make a deposit in lieu thereof as provided in section 4, the commission forthwith shall cancel the special fuel dealers or special fuel users license.
4. In the event a special fuel dealer or special fuel user 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 special fuel dealer or the special fuel user the tax commission shall immediately and forthwith cancel his license.
________
Assembly Bill No. 262Mr. Mount
CHAPTER 262
AN ACT authorizing the establishment of temporary road blocks on the highways of this state to apprehend criminals; defining a temporary road block and the purpose for which it may be used; providing minimum requirements in establishing temporary road blocks, and other matters properly relating thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Definition. For the purpose of this act, a temporary road block means any structure, device or means used by the duly elected or appointed law enforcement officers, and their deputies, for the purpose of controlling all traffic through a point on the highway whereby all vehicles may be slowed or stopped for the purpose of identifying the occupants.
Sec. 2. Authority to Establish Road Blocks. The duly elected or appointed law enforcement officers, and their deputies in this state, are hereby authorized to establish, in their respective jurisdictions, or in other jurisdictions within the state, temporary road blocks upon the highways of this state for the purpose of apprehending persons known to such officers to be wanted for violation of the laws of this state, or of any other state, or of the United States, and using the highways of this state for the purpose of escape.
κ1955 Statutes of Nevada, Page 427 (CHAPTER 262, AB 262)κ
known to such officers to be wanted for violation of the laws of this state, or of any other state, or of the United States, and using the highways of this state for the purpose of escape.
Sec. 3. Minimum Requirements. For the purpose of warning and protecting the traveling public, the minimum requirements to be met by such officers establishing temporary road blocks are:
1. The temporary road block must be established at a point on the highway clearly visible at a distance of not less than 100 yards in either direction.
2. At the point of the temporary road block, a sign shall be placed on the center line of the highway displaying the word stop in letters of sufficient size and luminosity to be readable at a distance of not less than 50 yards, in both directions, either in daytime or darkness.
3. At the same point of the temporary road block, at least one red light, on and burning, must be placed at the side of the highway which shall be a flashing or intermittent beam of light, clearly visible to the oncoming traffic, at a distance of not less than 100 yards.
4. At a distance of not less than one-quarter of a mile from the point of the temporary road block, warning signs must be placed at the side of the highway, containing any wording of sufficient size and luminosity, to warn the oncoming traffic that a police stop lies ahead. A burning beam light, flare or lantern must be placed near such signs for the purpose of attracting the attention of the traffic to the sign.
Sec. 4. Existing Law Preserved. Nothing in this act shall be deemed to limit, or encroach upon, the existing authority of Nevada law enforcement officers in the performance of their duties involving traffic control.
Sec. 5. Penalty. Any person who shall proceed or travel through a road block without subjecting himself to the traffic control so established shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 6. Effective Date. This act shall become effective upon passage and approval.
________
Assembly Bill No. 351Ormsby County Delegation
CHAPTER 263
AN ACT to amend an act entitled An Act supplementary to and amendatory of an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City to determine whether certain county officers shall be ex officio officers of such city, prescribing the duties of the board of city trustees relative thereto, and providing the duties of the ex officio officers and other matters connected therewith, approved March 23, 1951.
[Approved March 26, 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 319, Statutes of Nevada 1951, at page 525, as last amended by chapter 181, Statutes of Nevada 1953, at page 211, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 428 (CHAPTER 263, AB 351)κ
181, Statutes of Nevada 1953, at page 211, is hereby amended to read as follows:
Section 2. That notwithstanding any other provision of law and/or of the Carson City charter as it now exists, from and after the first day of July 1951, subject always to the result of the election hereinafter provided, the following Ormsby county officers shall be and become ex officio officers of the incorporated city of Carson City:
(a) The county clerk and ex officio county treasurer shall be ex officio city clerk and city treasurer of said Carson City at a salary of $100 per month.
(b) The county recorder and ex officio county auditor shall be ex officio auditor of said Carson City at a salary of $100 per month.
(c) The county sheriff and ex officio county assessor shall be ex officio city marshal and ex officio assessor of said Carson City at a salary of $100 per month.
(d) The district attorney shall be ex officio city attorney at a salary of $125 per month.
(e) The justice of the peace of Carson township, county of Ormsby, shall be ex officio city recorder of said Carson City at a salary of $50 per month.
(f) In the event that the office of county sheriff and county assessor is hereafter divided, the county sheriff shall be ex officio city marshal, and shall receive a salary of $100 per month.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 352Ormsby County Delegation
CHAPTER 264
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 105, Statutes of Nevada 1945, at page 164, is hereby amended to read as follows:
Section 19. The fees, salaries, or compensation of the officers hereinbefore provided for, except as may be otherwise provided in this act, shall be regulated by regularly enacted ordinances as to salary, and by resolution as to compensation for persons not regularly employed by the city; provided, that each of the trustees of Carson City, other than the president of the board of trustees, shall receive a salary at the rate of $600 the year, payable in equal monthly installments, and the trustee at large and ex officio mayor and president of the board of trustees shall receive a salary at the rate of $1,200 the year, payable in equal monthly installments. All claims for fees or expenses necessarily or properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this act, shall be presented to the board of trustees, who shall consider and allow or reject the same in their order as presented to the clerk of the board, and the record of their action shall be entered upon their journal.
κ1955 Statutes of Nevada, Page 429 (CHAPTER 264, AB 352)κ
presented to the board of trustees, who shall consider and allow or reject the same in their order as presented to the clerk of the board, and the record of their action shall be entered upon their journal. Upon the allowance in whole or in part of any claims by a majority of the board of trustees, the city clerk shall draw a warrant upon the city treasurer for the amount so allowed, and shall state on the same, in general terms, the nature of the claim; upon the presentation of said warrant to the city treasurer he shall immediately pay the same, if, upon reference to its number and the amount of claims allowed by the board and having preference thereto in their order, there is money in his hands in the fund upon which the warrant is drawn to pay the same, but if he has no such money he shall endorse on said warrant not paid for want of funds, adding thereto the date of such endorsement, and signing his name officially thereto, and thereafter he shall pay such warrant out of the first money applicable thereto in its order. All warrants drawn upon the general fund shall be numbered according to the order of the allowance of the claim for which the same is drawn. Before twelve oclock on the second Monday in each month the city treasurer shall put a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the general fund to pay, in its order and number. On paying any warrant the city treasurer shall write across the face thereof, in red ink, redeemed, with the date of redemption and sign his name officially thereto, and the warrant so canceled shall be sufficient voucher for the treasurer as to the amount so paid in his official settlement with the board of trustees, which shall take place annually on the third Monday in December. The president of the board of trustees, or some member of the board appointed by the president, shall once in every three months examine the books and vouchers of the city treasurer concerning the state of finances in his hands, and report the result to the board, which shall be spread at large upon the journal of the board.
Sec. 2. This act shall become effective on July 1, 1955.
________
Assembly Bill No. 403Committee on State Institutions
CHAPTER 265
AN ACT to amend an act entitled An Act concerning the mentally ill of the state, providing for the administration and organization of the Nevada state hospital, providing for the admission and care of mentally ill persons, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 24, 1951.
[Approved March 26, 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 331, Statutes of Nevada 1951, at page 551, as amended by chapter 365, Statutes of Nevada 1953, at page 694, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 430 (CHAPTER 265, AB 403)κ
Statutes of Nevada 1953, at page 694, is hereby amended to read as follows:
Section 9. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation. He shall be the executive and administrative head of the hospital, and as such shall have the following powers and duties:
(1) To exercise general supervision of, and make and revise rules and regulations for the government of the hospital.
(2) To be responsible for and to supervise the fiscal affairs and responsibilities of the hospital.
(3) To make reports to the hospital advisory board, and to supply the legislature with material on which to base legislation.
(4) To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
(5) To inform the public in regard to the activities and operation of the hospital, and to give other information which will acquaint the public with mental hygiene problems.
(6) To invoke any legal, equitable, or special procedures for the enforcement of his orders or the enforcement of the provisions of this act.
(7) To cause to be kept a fair and full account of all medical affairs.
(8) To perform neurological and psychiatric examinations at the Nevada state prison, the Nevada state childrens home, and the Nevada school of industry when requested by the superintendents of those institutions.
(9) To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
(10) To undertake any diagnostic, medical, or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent; provided, however, the decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
(11) To submit a biennial report to the governor and the legislature of the condition, operation, and functioning of the hospital, and anticipated needs of the hospital.
(12) The superintendent shall cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the hospital, and shall take all steps necessary to establish clear title thereto on behalf of the state.
(13) The superintendent may, with the advice and consent of the hospital advisory board, lease all or any part of any land known or presumed to belong to the State of Nevada for the use of the hospital for such consideration and upon such terms as the superintendent and the hospital advisory board may deem to be in the best interests of the hospital and the State of Nevada.
κ1955 Statutes of Nevada, Page 431 (CHAPTER 265, AB 403)κ
the hospital advisory board may deem to be in the best interests of the hospital and the State of Nevada. Any moneys received from any such lease, shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 439Mr. Barnum
CHAPTER 266
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 26, 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 8.5, which shall immediately follow section 8 and shall read as follows:
Section 8.5. The board of directors may purchase, acquire by donation or otherwise, lease, operate and maintain ambulances whenever necessary and may take out liability and other insurance therefor. The board of directors may employ trained personnel to operate these vehicles.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 447Washoe County Delegation
CHAPTER 267
AN ACT authorizing the board of school trustees of school district No. 29, Washoe County, Nevada, to lease certain designated property to the board of county commissioners of Washoe County, Nevada; providing the term for which the lease can be entered into; and other matters properly relating thereto.
[Approved March 26, 1955]
Whereas, The board of school trustees of school district No. 29, Washoe County, Nevada, is the owner in fee simple of certain lands located in the city of Sparks, county of Washoe, State of Nevada; and
Whereas, The lands adjoin certain lands owned by the county of Washoe, State of Nevada; and
Whereas, It is the expressed desire of the board of trustees of school district No.
κ1955 Statutes of Nevada, Page 432 (CHAPTER 267, AB 447)κ
district No. 29 to lease the lands owned by the board of trustees to Washoe County; and
Whereas, The board of county commissioners of Washoe County are willing to enter into such a lease for the lands; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In consideration of the payment of the sum of $1, the board of school trustees of school district No. 29, Sparks, Washoe County, Nevada, is hereby authorized to execute and deliver forthwith to the county of Washoe a good and sufficient lease agreement in and to that certain property located in Sparks, Washoe County, Nevada, and more particularly described as follows:
Beginning at a point in a concrete monument marking the intersection of 12th and H Streets in the City of Sparks; thence N. 13° 39′ 35ʺ W., 333.66 ft. along the centerline of 12th St., to where said centerline intersects the northerly boundary of the Prater Addition to the City of Sparks; and which point marks the true place of beginning for this description; thence from said true place of beginning, along the northerly boundary of said Prater Addition as follows: S. 71° 21′ 14ʺ E., 51.16 ft.; thence N. 51° 01′ 23ʺ E. 65.00 ft.; thence N. 41° 26′ 16ʺ E., 52.43 ft.; thence N. 42° 07′ 28ʺ, 353.71 ft.; thence N. 57° 10′ 23ʺ W., 401.72 ft.; thence N. 76° 18′ 40ʺ W. 489.27 ft.; thence N. 84° 38′ 40ʺ W., 209.99 ft.; thence S. 72° 45′ 11ʺ W. 223.21 ft., to the north-south center line of section 5, T. 19 N., R. 20 E., M.D.B.&M.; thence S 0° 04′ 22ʺ W., 321.40 ft. along said north-south center line to the northwest corner of the Prater Addition; thence S. 68° 05′ 10ʺ E., 20.24 ft.; thence S. 88° 26′ 59ʺ E., 12.52 feet to the northwest corner of the fence along the football field; thence N. 76° 21′ 41ʺ E., 222.74 feet along said fence; thence S. 13° 39′ 35ʺ E., 143.75 feet; thence S. 71° 21′ 14ʺ E., 188.12 feet; thence N. 76° 20′ 25ʺ E., 341.00 ft.; thence S. 13° 39′ 35ʺ E., 198.42 ft., thence S. 76° 20′ 25ʺ W., 27.20 ft. to the northerly boundary line of the Prater Addition; thence S. 71° 21′ 14ʺ E., 55.85 ft. along the northerly boundary of said Prater Addition to the true place of beginning; the bearing source of this description being U. S. C. and G. S. azimuth from station Sparks at which point the bearings are true.
Sec. 2. The lands shall be leased to the county of Washoe by the board of trustees for a term not exceeding 10 years, or for a term of less than 10 years, which may be mutually agreed upon by the county of Washoe and the board of trustees of school district No. 29.
Sec. 3. Upon the expiration of the term of the lease as may be entered into, unless otherwise provided by legislative enactment, the land so leased shall revert to the board of trustees of the school district.
Sec. 4. All acts or parts of acts, inconsistent herewith, are hereby declared inapplicable insofar as they are inconsistent with the provisions of this act.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 433κ
Assembly Bill No. 448Lyon County Delegation
CHAPTER 268
AN ACT to amend an act entitled An Act to incorporate the town of Yerington, in Lyon County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1907.
[Approved March 26, 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 72, Statutes of Nevada 1907, at page 153, as amended by chapter 140, Statutes of Nevada 1949, at page 286, is hereby amended to read as follows:
Section 9. The mayor shall receive such salary as the council shall prescribe by ordinance, not exceeding the sum of nine hundred dollars per annum; provided, that when such salary is fixed, the same shall not be changed so as to increase the same oftener than once every two years.
Sec. 2. Section 13 of the above-entitled act, being chapter 72, Statutes of Nevada 1907, at page 154, as amended by chapter 140, Statutes of Nevada 1949, at page 286, is hereby amended to read as follows:
Section 13. A majority of all the members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and, with the approval of the mayor, compel the attendance of the absent members. The council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions and all proceedings must be public. The councilmen shall receive only such salary as may be prescribed by ordinance, not exceeding four hundred eighty dollars per annum; provided, that such salary when fixed shall not be changed so as to increase the same oftener than once every two years.
Sec. 3. Section 19 of the above-entitled act, being chapter 72, Statutes of Nevada 1907, at page 155, is hereby amended to read as follows:
Section 19. The city council shall have power:
First-To fix the place of its meetings and the time for calling same to order, and to judge of the qualification and election of its own members.
Second-To make and pass all ordinances, resolutions and orders not repugnant to the Constitution of the United States or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all the powers vested in said city and for making effective the provisions of this charter.
Third-To levy and collect annually, a tax of not to exceed two per cent upon the assessed value of all real and personal property within the city, and which is by law taxable for State and county purposes.
κ1955 Statutes of Nevada, Page 434 (CHAPTER 268, AB 448)κ
per cent upon the assessed value of all real and personal property within the city, and which is by law taxable for State and county purposes.
Fourth-To sell, use, lease, control, improve and take care of the real estate and personal property within the city; provided, said council shall not have power to mortgage, hypothecate or pledge any property of the city for any purpose.
Fifth-To lay out, extend, change the grade, open, vacate, and alter the streets and alleys in the city, and by ordinance, provide for the graveling, grading, draining, cleaning, repairing, paving, repaving, widening, narrowing, lighting, surfacing, resurfacing or otherwise improving the same, and for the construction, repair, regulation and preservation of sidewalks, crossings, bridges, curbs, drains, gutters, and sewers, and to prevent or remove obstructions thereto, or to the streets and alleys throughout the city, and to provide for the numbering of houses; provided, that the council may, in its discretion, assess the cost, or a portion thereof, of grading, paving or otherwise improving any street as above provided, upon the property fronting thereon, in proportion to the frontage, or the cost of repairing and building any sidewalk, to the owner of the property in front of which said sidewalk or proposed sidewalk may be, in proportion to the frontage of said property, and make such costs of improvement, grading, repair or building a lien upon such property, which lien shall be in the name of the city, be preserved by the person acting as city attorney verifying and filing for record in the county recorders office a claim of lien as nearly as practicable in form the same as provided by general laws for mechanics liens, and said lien shall be enforced and foreclosed in the name of the city, in the same manner and with like effect as is provided by general laws, for the foreclosure of mechanics liens.
Sixth-To organize, regulate, maintain and disband a fire department; to enter into cooperative agreements with the boards of directors of contiguous fire protection districts, whereby the fire protection district may be enabled to use its personnel and equipment, upon such terms and agreements within the city limits for the protection of property and for the prevention and suppression of fire; to provide for the extinguishment of fire; to regulate or prohibit the storage of gunpowder or other explosive or combustible or inflammable material within or transported through the city, and to prescribe the distance from said city where the same may be stored, held or kept.
Seventh-To determine by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention and removal of the same, at the expense of the parties creating, causing or committing such nuisances and to provide for the penalty and punishment of the same.
Eighth-To provide for safeguarding the health of the city. For this purpose, the council, with the mayor who shall be president of the board, shall act as a city board of health, and the council may by ordinance prescribe its duties and powers. The council may elect a secretary of the board of health, who shall be the health officer of the city and have full power as such over all matters pertaining to health sanitation and sanitary matters.
κ1955 Statutes of Nevada, Page 435 (CHAPTER 268, AB 448)κ
to health sanitation and sanitary matters. The board of health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city, and to have any such products as are unsound, spoiled, unwholesome or adulterated summarily destroyed. Said board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious or other diseases into the city; to make quarantine laws and regulations, and the city council shall have power to enforce the same by providing adequate penalties for violations thereof. The council may erect or otherwise acquire a pest house, temporarily or permanently, at such distance from the city limits as it shall deem practicable, and the health officer shall have the power to establish temporary pest house or pest houses in the case of emergency or epidemics. The council may by ordinance prescribe a salary for the health officer, but such salary when fixed shall not be changed so as to increase the same, oftener than once every two years, except temporarily during the period of an emergency caused by dangerous epidemics or the like.
Ninth-To fix, impose and collect a license tax on, and to regulate all lawful trades, callings, professions and business, conducted in whole or in part within the city, including all theaters, theatrical or melodeon performances, and performances of any and every kind for which an admission fee is charged, or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys and all exhibitions and amusements; to fix, impose and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, eating houses, lunch counters and bar-rooms, lodging houses accommodating four or more lodgers, bankers, brokers of every and all kinds, manufacturers, livery stables, express companies, telegraph and telephone companies, street railway companies operating in whole or in part within said city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress all tippling houses, dram-shops, saloons, bars, bar-rooms, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress all saloons, bar-rooms, gambling games, places where intoxicating drinks are sold or given away, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests and exhibitions. To fix, impose and collect a license on, regulate, prohibit or prescribe the limit of gambling and gaming houses, gambling and gaming of all kinds, faro and all games of chance, houses of ill-fame, hurdy-gurdy houses, bawd houses, and any and all other places where persons resort to for lewd or lascivious purposes or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise.
κ1955 Statutes of Nevada, Page 436 (CHAPTER 268, AB 448)κ
bawd houses, and any and all other places where persons resort to for lewd or lascivious purposes or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise. To fix, impose and collect a license therefrom, and regulate all lawful professions, trades, callings and business whatsoever, including grocers, merchants of any, every and all kinds, trades and traders, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separate from hardware stores, hardware stores, paint, paper or oil stoves, bicycle repair shops, cycleries, warehouses, cold storage plants, daily, weekly, semi-weekly, monthly and semi-monthly newspapers or publications, ice peddlers, insurance companies, fire, life and accident, and agents or solicitors for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, bootblack stands, all billiard or pool games or other table games, or games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, stage companies, electric light, water and power companies, bankers, brokers, job printers, manufacturers of soda water or other soft drinks, or of beer, malt, spirituous or vinous liquors or other alcoholic beverages, brewing agencies, wholesale liquor houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies, agents and solicitors for the same, real estate agents, popcorn, peanut and fruit stands, music stores, dry goods stores, furniture stores, drug stores, undertakers, boot or shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by bill boards, placards and the like, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular, all business, trades and professions including attorneys, doctors, physicians and dentists, and all character of business or callings not herein specifically named; provided, that in fixing any license, the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and on a pro rata basis; provided further, that no street railway company shall be required to pay municipal license taxes in excess of the sum of twenty dollars a quarter. The city council shall have power to fix, impose and collect an annual per capita tax on all dogs and to provide for the destruction of all dogs upon which said tax shall not have been paid; to fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles; to fix, impose and collect a license tax on, regulate or suppress runners for hotels, taverns or other business.
κ1955 Statutes of Nevada, Page 437 (CHAPTER 268, AB 448)κ
drays, job wagons, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles; to fix, impose and collect a license tax on, regulate or suppress runners for hotels, taverns or other business.
Tenth-To prevent and restrain any riot or riotous assemblage, or disorderly conduct within the city, and to provide for the punishment of the same.
Eleventh-To provide for the formation of a chain-gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and to prevent their escape while being so employed.
Twelfth-To provide for conducting all city elections, except the first one hereunder, regular or special, establishing election precincts, changing the same and appointing the necessary officers of election.
Thirteenth-To regulate the speed at which cars, automobiles, bicycles and other vehicles may run, within the city limits, and to prescribe the length of time any street may be obstructed by cars standing thereon, and to require railway companies either to station flagmen or to place such sufficient warning signal bells on street crossings, as may in the judgment of the council be necessary, and to require street railway cars to be provided with modern fenders, and to have warning or signal bells rung at all street crossings.
Fourteenth-To examine all books, papers, reports and statements of the several officers or other persons having custody, care or disbursement of any moneys belonging to the city, and to examine and liquidate all accounts and claims against the city, and to allow or reject the same or any part thereof.
Fifteenth-To provide for the issuance of all licenses in this charter authorized, and to fix the amount thereof, and to fix the times for, manner of and terms upon which the same shall be issued.
Sixteenth-To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property, and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or a warrant drawn against any fund beyond the actual amount then existing in such fund, wherewith to meet the same; and provided further, that if any debt is created against the city, contrary to the provisions of this charter by the said council, such debt, claim or obligation shall be null and void as against the city, or any of its funds, but every councilman voting in favor of the same shall be held personally liable, jointly and severally, for the entire debt so made and shall be deemed guilty of malfeasance in office, and upon conviction thereof shall be removed therefrom.
Seventeenth-To control, enlarge or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance from said limits where the same may be located.
κ1955 Statutes of Nevada, Page 438 (CHAPTER 268, AB 448)κ
Eighteenth-To establish, lay out and to change fire limits, and to regulate or prevent the erection or repair of wooden buildings herein; to regulate and prescribe the material to be used in the construction of buildings and sheds in such limits; and to regulate, prescribe or prohibit awnings, porches, signs, placards, or bill boards over sidewalks or across streets and to regulate the same throughout the city.
Nineteenth-To provide by ordinance for a supplemental registration of all persons possessing the requisite qualification of voters in said city, and whose names do not appear on the official register of voters in said city for the last preceding general election; such registration to be held every two years before the police judge, and conform as nearly as possible with the requirements of general laws governing registration of persons for general elections; provided, that no such supplemental registration shall be taken later than thirty days preceding any regular city election.
Twentieth-To provide and maintain a city prison and to provide for the guarding, safe keeping, care, feeding and clothing of the city prisoners.
Twenty-first-To prevent or regulate the running at large within the city of poultry, hogs, sheep, goats, horses, cows, or other animals; to establish a pound and to authorize the impounding, sale or destruction of any animals or fowls found running at large.
Twenty-second-To regulate or prohibit the use of steam boilers; the location of telegraph, telephone, electric light and other poles and suspension thereon of wires, and the construction of entrances to cellars and basements from sidewalks.
Twenty-third-To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change and create sewer districts; to require connections with sewers; to require owners or leasers of public buildings or buildings used for public purposes, including hotels, dancing halls, theaters and theater buildings, to place in or upon the same, fire escapes and appliances for protection against and the extinguishment of fires; to prevent the construction and cause the removal of dangerous chimneys, stovepipes, ovens and boilers, and to prevent the depositing of sewer filth, offal, manure or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings or any combustible material in unsafe places; to regulate and compel the cleaning at the expense of the persons in possession or responsible therefor, of all nauseous matter, filth, accumulated rubbish or debris; to compel the abating of nauseous, stinking, or four privy vaults.
Twenty-fourth-To regulate the entrance to and exit from theaters, lecture rooms, public halls and churches and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools or benches in, or crowding or otherwise obstructing the aisles, entrances or exits of such places.
Twenty-fifth-To regulate and control the construction and maintenance of any tubes, pipes or pipe lines, ditches, signal bells, warning signs and other electric, telegraph and mechanical appliances, in, along, over, under and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks or alleys.
κ1955 Statutes of Nevada, Page 439 (CHAPTER 268, AB 448)κ
signs and other electric, telegraph and mechanical appliances, in, along, over, under and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or extinguishment of fires, or permanently with the free use of the streets, sidewalks or alleys.
Twenty-sixth-To require every railway company to keep the streets in repair between the tracks, and along and within the distance of at least two feet upon each side of the tracks.
Twenty-seventh-To require, upon such notice as the council may direct, any noxious or offensive smell, filth or debris, to be abated, removed or otherwise destroyed, at the expense of the person or persons causing, committing or responsible therefor; and the council, in like manner, may require or cause any lots or portions of lots, covered by stagnant water for any period, to be filled up to such level as will prevent the same from being so covered, and may assess the cost of filling upon such real estate, and provide that it shall be a lien thereon, in which case said lien shall be enforced as in other cases herein provided for.
Twenty-eighth-To provide for and regulate the manner of weighing all food products and food stuffs, and hay, grain, straw and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test, and provide for the inspection and sealing of all weights and measures throughout the city, and enforce the keeping by traders and dealers, of proper weights and measures duly tested and sealed, and by ordinance, provide a penalty for using of false weights or measures.
Twenty-ninth-To restrain and punish vagrants, drunkards, disorderly persons, common prostitutes, mendicants, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purpose of prostitution or immoral purposes; to prevent diseased, maimed, injured or unfortunate persons from displaying their infirmities for the purpose of receiving alms, and to prevent and punish drunkenness, obscene language or conduct, indecent exposure of person, loud and threatening or lewd or obscene language, or profane language in the presence and hearing of women or children, and all obnoxious, offensive, indecent and disorderly conduct and practices within the city; to prevent and punish the discharging of firearms in the city; the lighting of fires in yards, streets, or alleys or other unsafe places, or anywhere within the city; to prevent and punish fast horseback riding, or the riding or breaking to drive, of wild or unmanageable horses in the city; to require that all horses when left standing, shall be hitched to post or weight; to prescribe the length of time horses may be left tied, hitched or otherwise, in the city.
Thirtieth-To regulate the use and sale of water, gas, electric and other lights in the city; to fix and determine the maximum price thereof as well as the maximum rental price of all water and gas and electric light meters in the city, and to provide for the inspection of such meters; to regulate telephone service and the use of telephones, and to fix and determine the maximum charges for telephone, telephone service and connections within the city.
κ1955 Statutes of Nevada, Page 440 (CHAPTER 268, AB 448)κ
such meters; to regulate telephone service and the use of telephones, and to fix and determine the maximum charges for telephone, telephone service and connections within the city.
Thirty-first-To regulate lodging, tenement and apartment houses having four or more lodgers, to prevent the overcrowding of the same, and to require the same to be kept in a sanitary condition.
Thirty-second-To adopt and enforce by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the council may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals and the suppression of vice in the city, and to pass ordinances upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any, every and all other acts and things necessary for the execution of powers conferred or which may be necessary to fully carry out the intent, purposes and object thereof.
Thirty-third-To select, appoint and employ an engineer, surveyor, architect or other skilled mechanic or person, from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined and fully defined by ordinance.
Thirty-fourth-To prescribe fines, forfeitures and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.
Thirty-fifth-To require of and prescribe the amount and conditions of official bonds from the members of the council and all the officers of the city, whether elective or appointive.
Thirty-sixth-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 cost of paving, grading or otherwise improving any street, or building any sidewalk or other improvement, which benefits any such property or owner thereof.
Thirty-seventh-To hold, manage, use and dispose of all real and personal property of the city, and to enforce the collection and payment of all dues or demands of every nature and 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 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.
κ1955 Statutes of Nevada, Page 441 (CHAPTER 268, AB 448)κ
Thirty-eighth-Any property, real or personal necessary or required for the public use of the city may be condemned and appropriated in the manner now prescribed by law, and all rights of eminent domain may be exercised by the city in relation thereto.
Sec. 4. The above-entitled act, being chapter 72, Statutes of Nevada 1907, at page 150, is hereby amended by adding thereto a new section to be designated as section 19.5, which shall immediately follow section 19 and shall read as follows:
Section 19.5. The city council is authorized to establish and maintain one or more reserve funds to provide funds for paying all or part of the cost of a program of local public improvements and betterments for execution by the city council, including capital acquisitions, replacements, additions, improvements, construction, reconstruction, maintenance, and administrative and other expenses. The city council may include in the annual budget such sum as it may deem necessary for the uses and purposes of the fund or funds, specifying the particular purpose for which the sum shall be used. The sum may be included in the annual tax levy of the city, within the limits of and as provided by law. The moneys in the fund or funds may be allowed to accumulate from year to year. Any moneys in the fund or funds at the end of any fiscal year shall not lapse nor shall the same be a surplus available for expenditure for any other purpose than those specified and for which the levies were made. The fund or funds established pursuant to this section shall be kept entirely separate and apart from all other funds, and all moneys belonging to the fund or funds may be invested in such securities as are legal for the investment of state fund. The interest and income from the investments shall be a part of the fund or funds.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 334Messrs. Giomi and Barnum
CHAPTER 269
AN ACT providing for state control over sale, distribution and transportation of insecticides, fungicides, rodenticides, and other economic poisons or devices; regulating traffic therein; providing for a state agency to enforce the provisions of this act; providing for registration and examination of economic poisons and devices; imposing penalties; and other matters properly related thereto.
[Approved March 26, 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 Nevada Economic Poisons Act.
Sec. 2. Definitions. As used in this act, unless the context otherwise requires:
1. Economic poison means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the director shall declare to be a pest.
κ1955 Statutes of Nevada, Page 442 (CHAPTER 269, AB 334)κ
insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the director shall declare to be a pest.
2. Device means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or rodents or destroying, repelling, or mitigating fungi or weeds, or such other pests as may be designated by the director, but not including equipment used for the application of economic poisons when sold separately therefrom.
3. Insecticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever.
4. Fungicide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi.
5. Rodenticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrae animal which the director shall declare to be a pest.
6. Herbicide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.
7. Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.
8. Fungi means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals.
9. Weed means any plant which grows where not wanted.
10. Ingredient statement means either:
(a) A statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the economic poison: or
(b) A statement of the name of each active ingredient, together with the name of each and total percentage of the inert ingredients, if any there be, in the economic poison (exception option (a) shall apply if the preparation is highly toxic to man, determined as provided in section 5 of this act); and, in addition to (a) and (b) in case the economic poison contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic.
11. Active ingredient means an ingredient which will prevent, destroy, repel, or mitigate insects, fungi, rodents, weeds, or other pests.
12. Inert ingredient means an ingredient which is not an active ingredient.
κ1955 Statutes of Nevada, Page 443 (CHAPTER 269, AB 334)κ
13. Antidote means the most practical immediate treatment in case of poisoning and includes first aid treatment.
14. Person means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not.
15. Director means the director of the division of plant industry of the state department of agriculture of the State of Nevada.
16. Registrant means the person registering any economic poison pursuant to the provisions of this act.
17. Label means the written, printed, or graphic matter on, or attached to, the economic poison or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison or device.
18. Labeling means all labels and other written, printed, or graphic matter:
(a) Upon the economic poison or device or any of its containers or wrappers; or
(b) Accompanying the economic poison or device at any time; or
(c) To which reference is made on the label or in literature accompanying the economic poison or device, except when accurate, nonmisleading reference is made to current official publications of the United States Department of Agriculture or Interior, the United States Public Health Service; state experiment stations; state agricultural colleges, or other similar federal institutions or official agencies of this state or other states authorized by law to conduct research in the field of economic poisons.
19. Adulterated shall apply to any economic poison if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.
20. The term misbranded shall apply:
(a) To any economic poison or device if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.
(b) To any economic poison:
(1) If it is an imitation of, or is offered for sale under the name of another economic poison;
(2) If its labeling bears any reference to registration under this act;
(3) If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public;
(4) If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living man and other vertebrate animals;
(5) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;
κ1955 Statutes of Nevada, Page 444 (CHAPTER 269, AB 334)κ
(6) If any word, statement, or other information required by or under the authority of this act to appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or graphic matter in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(7) If in the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such economic poison.
Sec. 3. Prohibited Acts.
1. It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state, any of the following:
(a) Any economic poison which has not been registered pursuant to the provisions of section 4 of this act, or any economic poison if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of an economic poison differs from its composition as represented in connection with its registration; provided, that, in the discretion of the director, a change in the labeling or formula of an economic poison may be made within a registration period without requiring reregistration of the product.
(b) Any economic poison unless it is in the registrants or the manufacturers unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container cannot be clearly read, a label bearing:
(1) The name and address of the manufacturer, registrant, or person for whom manufactured;
(2) The name, brand, or trade-mark under which said article is sold; and
(3) The net weight or measure of the content subject, however, to such reasonable variations as the director may permit.
(c) Any economic poison which contains any substance or substances in quantities highly toxic to man, determined as provided in section 5 of this act, unless the label shall bear, in addition to any other matter required by this act:
(1) The skull and crossbones;
(2) The word poison prominently, in red, on a background of distinctly contrasting color; and
(3) A statement of an antidote for the economic poison.
(d) The economic poisons commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, and barium fluosilicate, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with this act, or any other white powder economic poison which the director, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall by regulation require to be distinctly colored or discolored, unless it has been so colored or discolored; provided, that the director may exempt any economic poison to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.
κ1955 Statutes of Nevada, Page 445 (CHAPTER 269, AB 334)κ
other white powder economic poison which the director, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall by regulation require to be distinctly colored or discolored, unless it has been so colored or discolored; provided, that the director may exempt any economic poison to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if he determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.
(e) Any economic poison which is adulterated or misbranded or any device which is misbranded.
2. It shall be unlawful:
(a) For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this act or regulations promulgated hereunder, or to add any substance to, or take any substance from, an economic poison in a manner that may defeat the purpose of this act.
(b) For any person to use for his own advantage or to reveal, other than to the director or proper officials or employees of the state or to the courts of this state in response to a subpena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 4 of this act.
Sec. 4. Registration.
1. Every economic poison which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the director and such registration shall be renewed annually; provided, that products which have the same formula are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same economic poison may be registered as a single economic poison; and additional names and labels shall be added by supplemental statements during the current period of registration. The registrant shall file with the director a statement including:
(a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;
(b) The name of the economic poison;
(c) A complete copy of the labeling accompanying the economic poison and a statement of all claims to be made for it including directions for use; and
(d) If requested by the director, a full description of the tests made and the results thereof upon which the claims are based. In case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the economic poison was registered or last reregistered.
2. The registrant shall pay an annual fee of $10 for each economic poison registered up to ten brands and $3 for each additional brand registered.
κ1955 Statutes of Nevada, Page 446 (CHAPTER 269, AB 334)κ
poison registered up to ten brands and $3 for each additional brand registered. All fees shall be deposited in the state treasury in a special fund known as the economic poison fund to be used only for carrying out the provisions of this act.
3. The director, whenever he deems it necessary in the administration of this act, may require the submission of the complete formula of any economic poison. If it appears to the director that the composition of the article is such as to warrant the proposed claims for it, and if the article and its labeling and other material required to be submitted comply with the requirements of section 3 of this act, he shall register the article.
4. If it does not appear to the director that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this act, he shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fail to comply with the act so as to afford him an opportunity to make the necessary corrections. If, upon receipt of such notice, the registrant insists that such corrections are not necessary and requests in writing that the article be registered, the director shall register the article, under protest, and such registration shall be accompanied by a warning in writing to the registrant of the apparent failure of the article to comply with the provisions of this act. In order to protect the public, the director, on his own motion, may at any time cancel the registration of an economic poison and in lieu thereof issue a registration under protest in accordance with the foregoing procedure. In no event shall registration of an article, whether or not protested, be construed as a defense for the commission of any offense prohibited under section 3 of this act.
5. Notwithstanding any other provision of this act, registration is not required in the case of an economic poison shipped from one plant within this state to another plant within this state operated by the same person.
Sec. 5. Determinations; Rules and Regulations; Uniformity.
1. The director is authorized, after opportunity for a hearing:
(a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, men, domestic animals, articles, or substances;
(b) To determine whether economic poisons are highly toxic to men; and
(c) To determine standards of coloring or discoloring for economic poisons, and to subject economic poisons to the requirements of paragraph (d) of subsection 1 of section 3 of this act.
2. The director is authorized, after due public hearing, to make appropriate rules and regulations for carrying out the provisions of this act, including rules and regulations providing for the collection and examination of samples of economic poisons or devices.
3. In order to avoid confusion endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, it is desirable that there should be uniformity between the requirements of the several states and the Federal Government relating to such poisons.
κ1955 Statutes of Nevada, Page 447 (CHAPTER 269, AB 334)κ
people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, it is desirable that there should be uniformity between the requirements of the several states and the Federal Government relating to such poisons. To this end the director is authorized, after due public hearing, to adopt by regulation such regulations applicable to and in conformity with the primary standards established by this act as have been or may be prescribed in the United States Department of Agriculture with respect to economic poisons.
Sec. 6. Enforcement.
1. The examination of economic poisons or devices shall be made under the direction of the director for the purpose of determining whether they comply with the requirements of this act. If it shall appear from such examination that an economic poison or device fails to comply with the provisions of this act and the director contemplates instituting criminal proceedings against any person, the director shall cause appropriate notice to be given to such person. Any person so notified shall be given an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if thereafter in the opinion of the director it shall appear that the provisions of the act have been violated by such person, then the director shall refer the facts to the district attorney for the county in which the violation shall have occurred with a copy of the results of the analysis or the examination of such article; provided, however, that nothing in this act shall be construed as requiring the director to report for prosecution, for the institution of libel proceedings, or minor violations of the act whenever he believes that the public interests will be best served by a suitable notice of warning in writing.
2. It shall be the duty of each district attorney to whom any such violation is reported to cause appropriate proceedings to be instituted and prosecuted in the district court without delay.
3. The director shall, by publication in such manner as he may prescribe, give notice of all judgments entered in actions instituted under the authority of this act.
Sec. 7. Exemptions.
1. The penalties provided for violations of subsection 1 of section 3 of this act shall not apply to:
(a) Any carrier while lawfully engaged in transporting an economic poison within this state, if such carrier shall, upon request, permit the director or his designated agent to copy all records showing the transactions in and movement of the articles.
(b) Public officials of this state and the Federal Government engaged in the performance of their official duties.
(c) The manufacturer or shipper of an economic poison for experimental use only:
(1) By or under the supervision of an agency of this state or of the Federal Government authorized by law to conduct research in the field of economic poisons; or
(2) By others if the economic poison is not sold and if the container thereof is plainly and conspicuously marked For experimental use only-Not to be sold, together with the manufacturers name and address; provided, however, that if a written permit has been obtained from the commissioner, economic poisons may be sold for experiment purposes subject to such restrictions and conditions as may be set forth in the permit.
κ1955 Statutes of Nevada, Page 448 (CHAPTER 269, AB 334)κ
only-Not to be sold, together with the manufacturers name and address; provided, however, that if a written permit has been obtained from the commissioner, economic poisons may be sold for experiment purposes subject to such restrictions and conditions as may be set forth in the permit.
2. No article shall be deemed in violation of this act when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this act shall apply.
Sec. 8. Penalties.
1. Any person violating paragraph (a) of subsection 1 of section 3 of this act shall be guilty of a misdemeanor.
2. Notwithstanding any other provision of this section, in case any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of section 4 of this act shall be guilty of a gross misdemeanor.
Sec. 9. Seizures.
1. Any economic poison or device that is distributed, sold, or offered for sale within the State of Nevada or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any district court in any county of this state where it may be found and seized for confiscation by process of libel for condemnation;
(a) In the case of an economic poison:
(1) If it is adulterated or misbranded.
(2) If it has not been registered under the provisions of section 4 of this act.
(3) If it is a white powder economic poison and is not colored as required under this act.
(b) In the case of a device, if it is misbranded.
2. If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds paid to the state treasurer and deposited in the general fund. The article seized shall not be sold or destroyed contrary to the provisions of this act. The article shall not be sold or destroyed if the owner thereof pays the costs of condemnation and executes a good and sufficient bond conditioned that the article shall not be disposed of unlawfully. The court shall then order that the article condemned shall be delivered to the owner thereof for relabeling or reprocessing as the case may be.
3. When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.
Sec. 10. Delegation of Duties. All authority vested in the director by virtue of the provisions of this act may with like force and effect be executed by employees of the division of plant industry of the state department of agriculture of the State of Nevada as the director may from time to time designate for the purpose.
κ1955 Statutes of Nevada, Page 449 (CHAPTER 269, AB 334)κ
Sec. 11. Cooperation. The director is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the Federal Government and any other state or agency thereof for the purpose of carrying out the provisions of this act and securing uniformity of regulations.
Sec. 12. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this act be for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this act. The legislature hereby declares that it would have passed this act and each section, subsection, paragraph, sentence, 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. 13. Director Has Exclusive Jurisdiction Over Economic Poisons. Jurisdiction in all matters pertaining to the distribution, sale and transportation of economic poisons and devices is by this act vested exclusively in the director, and all acts and parts of acts inconsistent with this act are hereby expressly repealed.
Sec. 14. Effective Date. All provisions of this act, except sections 3, 8 and 9 shall become effective on July 1, 1955, and sections 3, 8 and 9 shall become effective as follows:
1. As to rodenticides and herbicides, January 1, 1956.
2. As to insecticides, fungicides, and all other economic poisons, July 1, 1956.
________
Assembly Bill No. 437Building and Construction
CHAPTER 270
AN ACT providing for the purchase and installation of a new heating plant at the Nevada school of industry; specifying the duties of the superintendent thereof; making an appropriation therefor, and other matters properly relating thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury, out of any moneys not otherwise appropriated, the sum of $7,500, for the purpose of purchasing and installing a new heating plant at the Nevada school of industry, and for the work, labor and materials and equipment incident thereto. The superintendent of the Nevada school of industry is charged with the duty of carrying out the provisions of this act.
Sec. 2. The superintendent is authorized to employ such artisans, workmen and laborers, as well as supervisory employees, as may be necessary, and is further authorized to purchase such materials and equipment as may be necessary to carry out the provisions of this act.
Sec. 3. The funds hereby appropriated shall be paid out on claims as other claims against the state are paid; all claims, however, first being approved by the superintendent.
κ1955 Statutes of Nevada, Page 450 (CHAPTER 270, AB 437)κ
as other claims against the state are paid; all claims, however, first being approved by the superintendent.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 393Mr. Ivers
CHAPTER 271
AN ACT appropriating $8,000 to the superintendent of the department of buildings and grounds for sidewalk installation and repair surrounding certain state buildings in Carson City, Nevada.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any money in the state treasury of the State of Nevada, not otherwise appropriated, the sum of $8,000 to the superintendent of the department of buildings and grounds for the purpose of repairing the sidewalks, or installing new sections of sidewalk where needed, around the state capitol building, the state supreme court building and the governors mansion.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 384Mr. Wood
CHAPTER 272
AN ACT to amend an act entitled An Act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada, and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing liability insurance in certain cases, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts, and other matters properly connected therewith, approved March 23, 1933.
[Approved March 26, 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 165, Statutes of Nevada 1933, at page 217, also designated as section 4437 to 4437.27, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 7.5, which shall immediately follow section 7 and shall read as follows:
κ1955 Statutes of Nevada, Page 451 (CHAPTER 272, AB 384)κ
Section 7.5. Any carrier who engages in transportation intrastate and the collection of the purchase price of goods sold by the shipper to the consignee shall provide a bond, to be filed with the public service commission of Nevada, for the benefit of the shipper in an amount which the public service commission of Nevada deems reasonably sufficient as an aggregate but not to exceed $1,000, to insure the shipper against any loss of the moneys so collected by the carrier through misappropriation, negligence, or other defalcations.
Sec. 2. This act shall become effective on July 1, 1955.
________
Senate Bill No. 177Senator Frank
CHAPTER 273
AN ACT regulating the possession, use and sale of tear gas bombs and weapons; defining certain words and terms; providing for permits and licenses for possession and revocation of the same; providing penalties for violations hereof; and other matters properly connected herewith.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after the effective date of this act, every person, firm or corporation who within the State of Nevada knowingly sells or offers for sale, possesses or transports any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such shell, cartridge or bomb, except as permitted under the provisions of this act, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state prison for a term not to exceed 2 years or by a fine not to exceed $2,000, or by both fine and imprisonment. Nothing in this act shall prohibit police departments or regular salaried members thereof, sheriffs, and their regular salaried deputies or the military or naval forces of this state or of the United States from purchasing, possessing or transporting such shells, cartridges or bombs for official use in the discharge of their duties.
Sec. 2. The term shell, cartridge or bomb as used in this act shall be construed to apply to and include all shells, cartridges or bombs capable of being discharged or exploded, when such discharge or explosions will cause or permit the release or emission of tear gas.
The term tear gas as used in this act shall be construed to apply to and include all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air.
The term weapon designed for the use of such shell, cartridge or bomb as used in this act shall be construed to apply to and include all revolvers, pistols, fountain pen guns, billies, riot guns or other form of device, portable or fixed, intended for the projection or release of tear gas except those regularly manufactured and sold for use with firearm ammunition.
κ1955 Statutes of Nevada, Page 452 (CHAPTER 273, SB 177)κ
Sec. 3. Each tear gas weapon sold, transported or possessed under the authority of this act shall bear the name of the manufacturer and a serial number applied by him.
Sec. 4. No person shall change, alter, remove or obliterate the name of the manufacturer, the serial number or any other mark of identification on any tear gas weapon. Possession of any such weapon upon which the same shall have been changed, altered, removed or obliterated, shall be presumptive evidence that such possessor has changed, altered, removed or obliterated the same. Violations of this section shall be punished by imprisonment in the state prison for not more than 2 years or by a fine of not more than $2,000, or by both fine and imprisonment.
Sec. 5. It shall be lawful for the director of the Nevada highway patrol to issue a permit for the possession and transportation of such shells, cartridges, bombs or weapons upon proof to the director that good cause exists for the issuance thereof to the applicant for such permit. The permit may also allow the applicant to install, maintain and operate a protective system involving the use of such shells, cartridges, bombs or weapons in any place which is accurately and completely described in the application for the permit.
Sec. 6. All applications for such permits shall be filed in writing, signed by the applicant if an individual, or by a member or officer qualified to sign if the applicant is a firm or corporation, and shall state the name, business in which engaged, business address, a full description of the place or vehicle in which such shells, cartridges, bombs or weapons are to be transported, kept, installed or maintained.
If such shells, cartridges, bombs or weapons are to be used in connection with or to constitute a protective system, the application shall also contain the name of the person who is to install such protective system.
Sec. 7. Every person, firm or corporation to whom a permit is issued shall either carry the same upon his person or keep the same in the place described in the permit. The permit shall be open to inspection by any peace officer or other person designated by the authority issuing the permit. Applications and permits shall be uniform throughout the state upon forms prescribed by the director.
Sec. 8. Permits issued in accordance with this act may be revoked by the issuing authority at any time when it shall appear that the need for the possession or transportation of such shells, cartridges, bombs, weapons or protective system involving the use of the same, has ceased, or that the holder of the permit has engaged in an unlawful business or occupation or has wrongfully made use of such shells, cartridges, bombs or weapons or the permit issued.
Sec. 9. The director of the Nevada highway patrol may also grant licenses in a form to be prescribed by him effective for not more than 1 year from the date of issuance, to permit the sale at retail at the place specified in the license of such shells, cartridges, bombs or weapons, and to permit the installation and maintenance of protective systems involving the use of such shells, cartridges, bombs or weapons subject to the following conditions upon breach of any of which the license shall be subject to forfeiture:
κ1955 Statutes of Nevada, Page 453 (CHAPTER 273, SB 177)κ
subject to the following conditions upon breach of any of which the license shall be subject to forfeiture:
1. Such business shall be carried on only in the building designated in the license.
2. Such license or certified copy thereof must be displayed on the premises in a place where it may easily be read.
3. No such shell, cartridge, bomb or weapon shall be delivered to any person not authorized to possess or transport the same under the provisions of this act. No protective system involving the use of such shells, cartridges, bombs or weapons shall be installed, nor shall supplies be sold for the maintenance of such system unless the licensee has personal knowledge of the existence of a valid permit for the operation and maintenance of such system.
4. A complete record must be kept of sales made under the authority of the license, showing the name and address of the purchaser, the quantity and description of the articles purchased, together with the serial number, if any, the number and date of issue of the purchasers permit, and the signature of the purchaser or purchasing agent. No sale shall be made unless the permit authorizing possession and transportation of shells, cartridges, bombs or weapons, is displayed to the seller and the information herein required is copied therefrom. This record shall be open to the inspection of any peace officer or other person designated by the director of the Nevada highway patrol.
Sec. 10. This act shall become effective upon passage and approval.
________
Assembly Bill No. 450Committee on Judiciary
CHAPTER 274
AN ACT to amend an act entitled An Act to provide for the service of process in actions or proceedings arising out of any motor vehicle accident or collision upon the public roads, streets or highways in this state, and other matters properly relating thereto, approved March 27, 1953.
[Approved March 26, 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 275, Statutes of Nevada 1953, at page 384, is hereby amended to read as follows:
Section 1. The use and operation of a motor vehicle over the public roads, streets or highways in the State of Nevada by any person, either as principal, master, agent or servant, shall be deemed an appointment by such operator, on behalf of himself and his principal or master, of the chairman of the public service commission to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him growing out of such use or resulting in damage or loss to person or property, and said use or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
κ1955 Statutes of Nevada, Page 454 (CHAPTER 274, AB 450)κ
shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 433Mr. Dotson
CHAPTER 275
AN ACT to repeal section 593 of 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 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 593 of the above-entitled act, being section 9082, N.C.L. 1929, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 91Messrs. Adams, Hardesty, Kean, Reynolds, Ruedy, Wood and Mrs. Isbell
CHAPTER 276
AN ACT to repeal an act entitled An Act authorizing cities and towns in the State of Nevada to levy a special tax for the maintenance or employment of a band for municipal purposes, approved March 7, 1927.
[Approved March 26, 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 43, Statutes of Nevada 1927, at page 66, also designated as sections 1390 to 1395, inclusive, N.C.L. 1929, is hereby repealed.
Sec. 2. On the effective date of this act any moneys remaining in any fund established in any municipality under the provisions of the act referred to in section 1 of this act shall revert to the general fund of such city or town.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 455κ
Assembly Bill No. 224Clark County Delegation
CHAPTER 277
AN ACT creating and authorizing a county building and maintenance fund and authorizing the levy of a special tax in support thereof.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county commissioners of any county, with the approval of the Nevada state board of finance, may accumulate a fund, for a period of time not to exceed 10 years, for the purpose of constructing, making additions to, or repairing any and all buildings which by law the commissioners are authorized to build, repair, manage and control, by the levy of an annual special tax not to exceed 25 cents on the $100 of assessed valuation of the county. All moneys collected from the special tax shall be placed in a fund with the county treasurer to be known as the county surplus building and maintenance reserve fund. Any moneys in the fund at the end of a fiscal year shall not lapse but shall continue as such until earmarked for a specific purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 5Mr. Christensen (Clark)
CHAPTER 278
AN ACT to amend the title of and to amend an act entitled An Act to provide aid to blind persons; defining certain words and terms; providing certain conditions for eligibility for aid; providing that the Nevada state welfare department shall administer the provisions of this act; defining the powers and duties of the Nevada state welfare department; providing penalties for the violation of this act; and other matters relating thereto, approved March 31, 1953.
[Approved March 26, 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 369, Statutes of Nevada 1953, at page 703, is hereby amended to read as follows:
An Act to provide aid to blind persons; defining certain words and terms; providing certain conditions for eligibility for aid; providing that the Nevada state welfare department shall administer the provisions of this act; defining the powers and duties of the Nevada state welfare department; providing penalties for the violation of this act; and other matters relating thereto.
Sec. 2. Section 12 of the above-entitled act, being chapter 369, Statutes of Nevada 1953, at page 704, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 456 (CHAPTER 278, AB 5)κ
Section 12. Each blind person who has become blind while a resident of the state or who has been a resident of this state for at least two out of the last nine years with one year immediately prior to application shall be entitled to receive aid to the blind as hereinafter provided. No blind person otherwise entitled to receive aid to the blind shall be denied such aid on the ground that he is not a citizen of the United States.
Sec. 3. Section 35 of the above-entitled act, being chapter 369, Statutes of Nevada 1953, at page 708, is hereby amended to read as follows:
Section 35. Each applicant for aid shall file with the Nevada state welfare department an application signed by him, stating, if known, his age, sex, places of residence during the preceding five years, his financial resources and income, the name and address of his spouse, the degree of his blindness, where and when he became blind, what employment and education he has had, his general physical condition, and such other data as are necessary to establish his eligibility for aid to the blind. The applicants statements in his application shall constitute prima-facie evidence of the facts stated, except with respect to degree of blindness and residence. This section shall not be interpreted to preclude an investigation by the Nevada state welfare department. Written statements of information herein required from applicants for or recipients of aid to the blind need not be under oath, but any person signing such statements who willfully states therein as true any material matter which he knows to be false shall be subject to penalties for perjury as provided by law.
Sec. 4. Section 42 of the above-entitled act, being chapter 369, Statutes of Nevada 1953, at page 710, is hereby amended to read as follows:
Section 42. If any applicant for or recipient of aid to the blind is dissatisfied with any action taken by or failure to act on the part of the Nevada state welfare department in respect to his case, he shall have the right of appeal to the Nevada state welfare department and the right to be represented in such appeal by his counsel or agent. The department shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied. If such individual feels himself aggrieved by any decision of the department in respect to his case he shall have the right to appeal such decision to the district court having jurisdiction in the place of his residence, and the district court shall have jurisdiction to review his case with respect to all matters of facts and of law.
Sec. 5. The above-entitled act, being chapter 369, Statutes of Nevada 1953, at page 703, is hereby amended by adding thereto a new section to be designated as section 48.1, which shall immediately follow section 48 and shall read as follows:
Section 48.1. A fund is hereby created in the state treasury to be designated as the aid to the blind fund. All moneys furnished by the Federal Government and the State of Nevada for aid to the blind shall be deposited in the aid to the blind fund.
κ1955 Statutes of Nevada, Page 457 (CHAPTER 278, AB 5)κ
Sec. 6. The above-entitled act, being chapter 369, Statutes of Nevada 1953, at page 703, is hereby amended by adding thereto a new section to be designated as section 48.2, which shall read as follows:
Section 48.2. The director of the Nevada state welfare department shall furnish to the state controller and the state treasurer a full, true and correct list of recipients of this state entitled to aid to the blind, and of the monthly amount to be paid to each of them, which list is subject to revision by the director of the Nevada state welfare department to make it conform to such changes as may be duly made pursuant to the terms of this act. The state controller shall promptly, upon receiving such certified list, draw his warrant upon the aid to the blind fund payable to each such recipient in the amount to which he or she is entitled, upon and pursuant to such certified list, and the state treasurer shall pay the same. Every such warrant shall be for the total amount of federal and state funds to which each such recipient is entitled under the provisions of this act. The state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, mail all such warrants to the Nevada state welfare department so that the department shall mail the warrants to the recipients entitled thereto as determined by the department.
Sec. 7. Section 41 of the above-entitled act, being chapter 369, Statutes of Nevada 1953, at page 710, is hereby amended to read as follows:
Section 41. Only such income as is actually regularly paid to an applicant or recipient by a relative may be deemed income available to the applicant or recipient for his support. No relative of an applicant for or recipient of aid to the blind may be held liable for contributions to the support of such applicant or recipient except in the case of the parent of a minor child applying for, or receiving, aid to the blind.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 58Messrs. Von Tobel and Leighton
CHAPTER 279
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 26, 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 chapter 150, Statutes of Nevada 1947, at page 485, is hereby amended to read as follows:
Section 5. The provisions of this act shall not apply to, and the term real estate broker and real estate salesmen as above defined, shall not include any person, copartnership, association or corporation who, as owner or lessor, shall perform any of the acts aforesaid with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where such acts are performed in the regular course of, or as an incident to the management of such property and the investment therein, nor shall the provisions of this act apply to persons acting as attorney-in-fact under a duly executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing, or exchange of real estate, nor shall this act be construed to include in any way the services rendered by an attorney at law in the performance of his duties as such attorney at law; nor shall it be held to include, while acting as such, a receiver, trustee in bankruptcy, administrator, or executor, or any person doing any of the acts specified in section 2 of this act under jurisdiction of any court, nor to include a trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof; nor to include the purchase, sale or locating of mining claims or options thereon or interests therein; nor shall the provisions of this act apply to any bank, trust company, building and loan association, or any land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.
κ1955 Statutes of Nevada, Page 458 (CHAPTER 279, AB 58)κ
who, as owner or lessor, shall perform any of the acts aforesaid with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where such acts are performed in the regular course of, or as an incident to the management of such property and the investment therein, nor shall the provisions of this act apply to persons acting as attorney-in-fact under a duly executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing, or exchange of real estate, nor shall this act be construed to include in any way the services rendered by an attorney at law in the performance of his duties as such attorney at law; nor shall it be held to include, while acting as such, a receiver, trustee in bankruptcy, administrator, or executor, or any person doing any of the acts specified in section 2 of this act under jurisdiction of any court, nor to include a trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof; nor to include the purchase, sale or locating of mining claims or options thereon or interests therein; nor shall the provisions of this act apply to any bank, trust company, building and loan association, or any land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 243Senator Orr
CHAPTER 280
AN ACT 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 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 7 of the above-entitled act, being chapter 133, Statutes of Nevada 1949, at page 255, is hereby amended to read as follows:
Section 7. The duties of the Nevada highway patrol shall be:
(1) To police the public highways of this state, and to enforce and to aid in enforcing thereon all the traffic laws of the State of Nevada.
(2) To act as field agents and inspectors in the enforcement of the motor vehicle registration act, and acts supplementary thereto, as the same now exist or as they may hereafter be amended or supplemented.
κ1955 Statutes of Nevada, Page 459 (CHAPTER 280, SB 243)κ
motor vehicle registration act, and acts supplementary thereto, as the same now exist or as they may hereafter be amended or supplemented.
(3) To act as field agents, inspectors, and instructors in carrying out the provisions of the chauffeurs and drivers licensing act, as the same now exists or as it may hereafter be amended or supplemented.
(4) To act as field agents and inspectors of the public service commission of Nevada in the enforcement of the motor vehicle carrier licensing and regulation act, and acts supplementary thereto, as the same now exist or as they may hereafter be amended or supplemented.
(5) To act as field agents and inspectors of the Nevada tax commission in the enforcement of the laws of this state relating to the imposition and collection of the tax on gasoline used in and for motor vehicles on the public highways of this state, the same being sections 6570.01-6570.16, inclusive, 1929 N.C.L., 1941 Supp., as the same now exist, or as they may hereafter be amended or supplemented.
(6) To act as field agents and inspectors of the Nevada tax commission in the enforcement of the laws of this state relating to the imposition and collection of the tax on motor vehicle fuel, known as the use fuel tax act, used in and for motor vehicles on the public highways of this state, the same being sections 6570.20-6570.49, inclusive, 1929 N.C.L., 1941 Supp., as the same now exist or as they may hereafter be amended or supplemented.
(7) To perform such other duties in connection with each and all of the aforesaid specified duties, and consistent therewith, as may be imposed by the commission.
(8) To investigate accidents on all primary and secondary highways within the State of Nevada resulting in personal injury, property damage or death, and to gather evidence for the purpose of prosecuting the person or persons guilty of any violation of the law contributing to the happening of such accident.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 139Senators Whitacre, Brown and Seevers
CHAPTER 281
AN ACT to amend an act entitled An Act relating to officers, their qualifications, times of election, terms of office, official duties, resignations, removals, vacancies in office, and the mode of supplying the same, misconduct in office, and to enforce official duty, approved March 9, 1866.
[Approved March 26, 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 4766, N.C.L. 1929, as amended by chapter 370, Statutes of Nevada 1953, at page 711, is hereby amended to read as follows:
Section 2. No person who is not a qualified elector shall be eligible to any office of honor, profit, or trust, in and under the government and laws of this state.
κ1955 Statutes of Nevada, Page 460 (CHAPTER 281, SB 139)κ
to any office of honor, profit, or trust, in and under the government and laws of this state. No person shall be eligible to the office of governor, lieutenant governor, justice of the supreme court, secretary of state, state treasurer, state controller, attorney general, superintendent of public instruction, who, at the time of such election, has not attained the age of twenty-five years and been a citizen resident of this state for 2 years next preceding the election; and to the offices of clerk of the supreme court, state senator, or assemblyman, who, at the time of such election, has not attained the age of twenty-one years and been a citizen resident of this state for 1 year next preceding the election. Any person over the age of twenty-five years shall be eligible to the office of district judge who is a qualified elector of the state and district in which he resides.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 53Committee on Finance
CHAPTER 282
AN ACT authorizing the superintendent of the Nevada state childrens home to convey certain lands to the state board of military auditors, and other matters relating thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state childrens home is hereby authorized and instructed to execute and deliver to the state board of military auditors a good and sufficient conveyance of a portion of the lands of the Nevada state childrens home, described as follows:
That certain real property situate, lying and being in the county of Ormsby, State of Nevada, and being a portion of the SW 1/4 of the SW 1/4 of section 20, T. 15 N., R. 20 E., M.D.B.&M., more fully described by metes and bounds as follows, to wit:
Beginning at a point that is 150 feet easterly of the centerline of state route 3, measured at right angles, at highway engineers station A 100 67.59 P.O.T., said point of beginning being further described as bearing S. 89° 31′ E. a distance of 846.68 feet from the southwest corner of section 20, T. 15 N., R. 20 E., M.D.B.&M.; thence N. 7° 48′ E., along the right or easterly proposed right-of-way line of said state route 3, a distance of 1336.01 feet to a point; thence S. 89° 31′ E. a distance of 302.32 feet to a point; thence S. 0° 18′ 15ʺ W. a distance of 1325.14 feet to a point; thence N. 89° 31′ W. a distance of 476.62 feet to the point of beginning, said parcel containing 11.848 acres more or less.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 461κ
Senate Bill No. 228Senator Gallagher
CHAPTER 283
AN ACT authorizing and directing the governor to designate a state agency to carry out the purposes of federal legislation appropriating $3 million for a survey of juvenile delinquency and $5 million to strengthen and improve existing juvenile delinquency programs; requiring the designated agency to submit application for federal funds and stating the contents of the application; providing for the receipt and disbursement of funds and other matters properly relating thereto.
[Approved March 26, 1955]
Whereas, There was introduced in the United States Senate on February 1, 1955, Senate Bill 894 which allows an appropriation of $3 million to be used by the various states to survey their respective juvenile delinquency problems and formulate plans and programs to control juvenile delinquency; and
Whereas, The act provides that 85 percent of the appropriation should be available for grants to the states and each state is to immediately receive $25,000 without providing matching funds and additional allotments are to be determined on the basis of child population with equal matching funds from the states; and
Whereas, The act required the states to designate a single state agency to receive the grants and requires that the application for the federal survey grant must provide for participation by interested state agencies, the consulting with and securing advice from voluntary organizations, provides for carrying out the purposes of the grant and provides that the state agency will make necessary reports; and
Whereas, The proposed U. S. Senate Bill 894 also provides for special grants to educational institutions for special training of personnel to handle juvenile delinquency problems; and
Whereas, In addition, the bill appropriates an additional $5 million to be made available to the states, in a minimum amount of $30,000 per fiscal year, to strengthen and improve existing programs for the control of juvenile delinquency through coordination of state and local programs, training of personnel employed in juvenile delinquency programs, experiments and demonstrations of the treatment and care of delinquent youth and research to assess the causes and extent of juvenile delinquency; and
Whereas, The federal bill required that a state agency be designated and submit plans providing for coordination, consultation, financial participation and other functions to carry out its provisions; and
Whereas, The State of Nevada is in need of such federal grants both to survey our juvenile delinquency problem and to assist enforcement of juvenile delinquency laws and the training of specialized officers; now, therefore,
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 to designate a state agency to carry out the purposes of U.
κ1955 Statutes of Nevada, Page 462 (CHAPTER 283, SB 228)κ
of U. S. Senate Bill 894 entitled An Act to strengthen and improve state and local programs to combat and control juvenile delinquency, and pursuant thereto the State of Nevada hereby affirms its acceptance and assent to the terms and provisions of such federal act.
Sec. 2. The agency designated by section 1 of this act shall make application to the Secretary of Health, Education and Welfare which shall:
1. State the name of the agency so designated and its authority to act under gubernatorial appointment.
2. Show the participation by representatives of various state agencies concerned with the control of juvenile delinquency, including state welfare, education, health and labor departments, state mental health and vocational rehabilitation departments and representatives from the state juvenile courts, probation and police services.
3. Provide for the consulting with and securing advice from voluntary organizations providing services for the control of juvenile delinquency and from civic groups concerned with the control of juvenile delinquency.
4. State their determinations made as to the most urgent needs of the state for strengthening and improving existing programs for the control of juvenile delinquency.
5. Certify that the state agency designated will make such reports, in such form, as the Secretary of Health, Education and Welfare may require.
6. Submit state plans, as may be required under section 203 of the act concerning the administration and supervision of the state agency, the plans for coordination of state and local programs for the control of juvenile delinquency, and to strengthen and improve such plans, the provisions for consulting and securing advice from voluntary or civic organizations, the provisions for state financial participation, the establishment of administrative personnel standards on a merit basis, and providing for required reports.
Sec. 3. The state treasurer shall receive and be custodian of all funds received pursuant to the federal act. All funds so received and in the custody of the state treasurer shall be disbursed by the agency designated by the governor to carry out the provisions of this act, subject to the terms and conditions and in the manner provided in the federal act, upon claims as other claims against the state are paid.
________
κ1955 Statutes of Nevada, Page 463κ
Senate Bill No. 270Senators Johnson, Orr and Seevers
CHAPTER 284
AN ACT authorizing the employment of a firm of management consultants or other expert assistance to make investigation into the administration and academic operation of the University of Nevada; providing for the expense incident thereto and making an appropriation therefor, and providing for the manner of payment; and other matters related thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The legislative commission is hereby authorized and instructed to engage the services of a firm of management consultants or other expert assistance for the purpose of making an investigation into the administration and academic operation of the University of Nevada and to report the results thereof and make recommendations in connection therewith to the legislative commission. The legislative commission shall make available to the governor and the regents of the University of Nevada copies of the report and recommendations received by it as soon as practicable thereafter, and shall transmit the report and recommendations, together with any recommendations of its own, to the next regular or special session of the legislature.
Sec. 2. There is hereby appropriated to and for the use of the legislative commission, out of any unexpended or unobligated money in the general fund, the sum of $25,000 for the purpose of carrying out the provisions of this act. Any moneys hereby appropriated remaining unexpended on the third Monday in January 1957 shall revert to the general fund.
Sec. 3. Claims for expenses incurred by the legislative commission hereunder shall be prepared, presented and paid in the manner provided generally for the payment of claims against the state.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 464κ
Senate Bill No. 211Senator Johnson
CHAPTER 285
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 importation and sale of wines, beers and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers and wholesalers licenses; to provide for state licenses, designating the type of licenses 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 relating thereto; imposing an excise tax upon the privilege of importing, possessing, storing, or selling liquor; providing for the collection of the same; defining the word liquor and other terms in this act; to provide penalties for the violation thereof; and to repeal all acts and parts of acts in conflict herewith, approved March 30, 1935.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being section 3690.19, 1929 N.C.L. 1941 Supp., as last amended by chapter 187, Statutes of Nevada 1947, at page 650, is hereby amended to read as follows:
Section 19. (a) All licensed importers and manufacturers of liquor in this state shall, for the privilege of importing, possessing, storing, or selling liquors, pay the excise tax herein imposed and established. If, after such tax is paid on any such liquor, satisfactory evidence is presented to the commission that not less than thirty-five (35%) percent of such imports have been actually exported and sold outside this state not in conflict with the law of the place of sale, the commission shall direct that a refund or credit of not more than thirty-five (35%) percent of the tax so paid shall be made to the taxpayer. The taxpayer shall report all such exports and report all such imports, and pay the tax on such imports, monthly, on forms and subject to regulations prescribed by the commission. If all tax due for imports during a particular month is paid before the 15th day of the following month, a discount of 2 percent of the tax due shall be allowed to the taxpayer.
(b) The commission shall make rules and regulations for determining the type and quantity of liquor actually imported and received by the importer and actually used by the importer, so as to relieve the importer from taxation on any shipments lost, stolen, or damaged in transit, and may require all claims in connection therewith to be sworn to and make ratable tax adjustments, credits, or refunds in the premises to effectuate the purpose of this act.
It is hereby declared to be the intent of this act that no excise tax shall be imposed on liquor sold to permissible persons as herein defined, and the commission in computing the excise tax to be paid on liquor shall make rules for refunds or credits to be allowed to any importer making a satisfactory showing therefor.
(c) An excise tax is hereby levied and shall be collected respecting all liquor and upon the privilege of importing, possessing, storing, or selling liquor, according to the following rates and classifications:
κ1955 Statutes of Nevada, Page 465 (CHAPTER 285, SB 211)κ
all liquor and upon the privilege of importing, possessing, storing, or selling liquor, according to the following rates and classifications:
On liquor containing more than twenty-two (22%) percent of alcohol by volume, 80 cents per wine gallon or proportionate part thereof.
On liquor containing more than fourteen (14%) percent and including twenty-two (22%) percent of alcohol by volume, 25 cents per wine gallon or proportionate part thereof.
On liquor containing more than one-half of one (1/2%) percent and including fourteen (14%) percent of alcohol by volume, 15 cents per wine gallon or proportionate part thereof.
On all malt beverage liquor brewed or fermented and bottled in or outside this state, 3 cents per gallon.
(d) Each licensed importer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes due or to become due from him under the provisions of this act in a principal sum as the greatest excise tax paid by him in any quarter of the preceding year, or if such standard be not available, then in a sum required from a licensee operating under conditions deemed comparable by the commission, but in no case less than one thousand dollars. The commission on application and a satisfactory showing therefor may from time to time increase or decrease the amount of bond required, having consideration for the amount of importations made by the importer. The bond or undertaking shall be acceptable to and approved by the commission, and a deposit of cash or negotiable United States government bonds may be accepted in lieu of an undertaking. The commission shall deposit all bonds and deposits with the state treasurer as custodian thereof.
(e) The commission shall make all necessary and convenient rules prescribing the form of reports and claims made by taxpayers; the time for making such reports and settlements thereon, and including rules respecting permissible persons as well as other importers.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 368Joint Committee of Labor and Judiciary
CHAPTER 286
AN ACT to amend an act entitled An Act providing for salaries of elective state officers; providing for salaries, compensation and employment of other officers and employees in the various state offices, departments, boards, commissions and agencies of the State of Nevada; repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 27, 1953.
[Approved March 26, 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 295, Statutes of Nevada 1953, at page 467, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 466 (CHAPTER 286, AB 368)κ
Section 16. Employment Security Department. The executive director of the employment security department shall receive an annual salary which shall be fixed by the governor in accordance with the provisions of section 3 of chapter 59, Statutes of Nevada 1941.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 453Committee on Building and Construction
CHAPTER 287
AN ACT providing for an appropriation for the purpose of improving the heating plant and replacing underground pipes at the state university; alloting the appropriated sum and requiring the approval of the board of regents for expenditures hereunder; specifying duties of the board of regents hereunder; and other matters properly relating thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund the sum of $45,000 for the purpose of improving the heating plant and replacing underground pipes at the state university and for the work, materials and equipment incident thereto. No more than $25,000 shall be employed for the improvement of the heating plant, and no more than $20,000 shall be employed for the replacing of underground pipes.
Sec. 2. The board of regents of the state university is charged with the duty of carrying out the provisions of this act and is authorized to employ such assistants and to purchase such materials and equipment as it shall deem necessary to carry out the provisions of this act.
Sec. 3. The funds hereby appropriated shall be paid out on claims as other claims against the state are paid; all claims, however, must be first approved by the board of regents.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 440Committee on Judiciary
CHAPTER 288
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 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 581 of the above-entitled act, being section 9070, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 467 (CHAPTER 288, AB 440)κ
Section 581. 1. Within one year after the filing of the complaint, as required by the preceding section, a summons must be issued in the manner and form prescribed in the Nevada Rules of Civil Procedure. In addition to other requirements, the summons shall contain a description of the property described in the complaint. In the summons the unknown defendants shall be designated as in the complaint. Service of summons, whether personal or otherwise, shall be effected in the manner prescribed in the Nevada Rules of Civil Procedure; and the times for completion of service and appearance by the defendant shall be as prescribed therein.
2. Within thirty days after the issuance of the summons, the plaintiff shall post or cause to be posted a copy thereof in a conspicuous place, on each separate parcel of the property described in the complaint, and each parcel of the land upon which a copy of the summons is posted shall be deemed to be in the possession of the court for all the purposes of and pending the determination of the action. All such unknown persons so served shall have the same rights as are provided by law in cases of all other defendants named, upon whom service is made by publication or personally, and the action shall proceed against such unknown persons in the same manner as against the defendants who are named, upon whom service is made by publication or personally, and with like effect; and any such unknown person, who has or claims to have any right, title, estate, lien or interest in the property, or cloud on the title thereto, adverse to plaintiff, at the time of the commencement of the action, who has been duly served as aforesaid, and anyone claiming title under him shall be concluded by the judgment in such action as effectually as if the action had been brought against the person by his or her name and personal service of process obtained, notwithstanding any such unknown person may be under legal disability.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 468κ
Assembly Bill No. 446Committee on Roads and Transportation
CHAPTER 289
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 26, 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 4435.15, 1929 N.C.L. 1941 Supp., as last amended by chapter 216, Statutes of Nevada 1953, at page 282, is hereby amended to read as follows:
Section 16. (a) A manufacturer of or dealer in vehicles in this state, owning or controlling any such new or used vehicles and operating them upon the public highways exclusively for the purpose of testing, demonstrating, offering for sale, or selling the same, in lieu of registering each such vehicle, shall, prior to testing, demonstrating, or offering to sell the same, make application upon an official blank provided for that purpose to the department for a dealers license and general distinguishing number or symbol. Except as provided in section 16.1, vehicles ordinarily used by the dealer or manufacturer in the conduct of his business as work, personal transportation, or service vehicles must be registered the same as any other like vehicle as provided in section 6 of this act; provided further, that no such manufacturer or dealer or any officer, employee or servant thereof, or any person within the third degree of consanguinity or affinity of any such officer, or manufacturer or dealer if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this act when such certificate and license plates are to be attached to and used in convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state, and any such person at the time of applying for registration certificates and license plates pursuant to the provisions of this act, shall make and file with the department an affidavit to the effect that no motor vehicle or vehicles for which the registration license is applied for will be used in such convoying or convoyed without complying with the said laws of the state relating to motor convoy carriers.
(b) The application shall be upon a blank to be furnished by the department, and the applicant shall furnish such proof as the department may deem necessary that the applicant is a manufacturer or dealer, and entitled to register vehicles under the provisions of this section.
κ1955 Statutes of Nevada, Page 469 (CHAPTER 289, AB 446)κ
department, and the applicant shall furnish such proof as the department may deem necessary that the applicant is a manufacturer or dealer, and entitled to register vehicles under the provisions of this section. The department, upon receipt of such application and when satisfied that the applicant is entitled thereto, shall issue to the applicant a certificate of registration containing the latters name and business address and the general distinguishing number or symbol assigned to him in such form and containing such further information as the department may determine, and every vehicle owned or controlled by such manufacturer or dealer, and permitted to be registered under a general distinguishing number, while being operated for the purpose of testing, demonstrating, offering for sale, or selling the same, shall be regarded as registered hereunder.
(c) The department shall also, upon receipt of such application, furnish to the manufacturer or dealer one or more pair of automobile plates or single plates for other vehicles registered by the applicant, and every such plate shall have displayed upon it the registration number which is assigned to the applicant, and may at the discretion of the department have a different letter or symbol on each pair of automobile plates and on each single plate for other vehicles.
(d) No such manufacturer or dealer shall operate any vehicle owned or controlled by him upon any public highway, or permit it to be so operated, unless number plates assigned to him are attached thereto in the manner hereinbefore specified in this act; provided, that it shall be lawful for such manufacturer or dealer to operate new vehicles without the said plates being attached thereto from the railroad depot, warehouse, or other place of storage to the place of business of such manufacturer or dealer where said depot, warehouse, or place of storage is within the same city or town or not more than five miles from said place of business.
(e) The department may, at its discretion, grant a temporary permit to operate a vehicle for which registration has been applied.
(f) Before any distinguishing number or symbol shall be furnished to a manufacturer or dealer as provided in this section, the department shall require that the applicant procure and file with the department a good and sufficient bond in the amount of $1,000 with corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general of the State of Nevada, and conditioned that applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this act. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of $1,000. The undertaking of the bond shall be deemed to include and shall include any fraud or fraudulent representation or violation of any of the provisions of this act by the salesman of any licensed dealer acting for the dealer on his behalf and within the scope of the employment of such salesman.
(g) A distinguishing dealer number or symbol shall not be applied for by, or furnished to, any dealer in new vehicles, trailers or semitrailers unless said dealer shall first furnish the department an instrument executed by or on behalf of the manufacturer certifying that the dealer is an authorized dealer for the make of vehicle concerned.
κ1955 Statutes of Nevada, Page 470 (CHAPTER 289, AB 446)κ
the dealer is an authorized dealer for the make of vehicle concerned. An associate or sub-dealer, not operating under direct appointment or authorization by the manufacturer, shall furnish the department with an instrument executed by or on behalf of a dealer certified as herein provided, said instrument certifying that the associate or sub-dealer is an authorized associate or sub-dealer for the make of vehicle concerned.
(h) Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars or more than five hundred dollars, or by imprisonment for not less than twenty days or more than six months, or by both such fine and imprisonment.
Sec. 2. The above-entitled act, being 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 16.1, which shall immediately follow section 16 and shall read as follows:
Section 16.1. Registration of Vehicles Used by Franchised New Vehicle Dealers.
1. Any manufacturer of or dealer in vehicles in this state qualified to receive a dealers license and general distinguishing number or symbol under the provisions of section 16 of this act shall be entitled to register new vehicles of the make for which he is a licensed and franchised dealer in his name upon the payment of only the registration and licensing fee as provided in this act without being subject to the payment of personal property taxes; but not more than five vehicles may be so registered.
2. Vehicles so registered shall be subject to the payment of personal property taxes at the time of their transfer to another owner.
3. The transferee of the vehicle shall be required to pay the personal property taxes before he is entitled to a transfer of the registration and title in his name. Such transferee shall evidence the payment of the personal property taxes by submitting proper proof of such payment to the franchised new vehicle dealer prior to the dealers transfer of registration and title to the transferee, and the dealer shall attach such proof of payment to the application for transfer made to the department.
4. The county assessor shall accept payment of the personal property taxes tendered by a transferee upon proof to his satisfaction that the specific vehicle is being purchased from a franchised new vehicle dealer and he shall issue a receipt or other evidence of such payment.
5. Nothing contained in this section shall be construed to apply to work or service vehicles nor to prevent the transferee from placing the personal property taxes involved on the real property roll, and the assessor shall give proper evidence to the dealer of the fact of such placement.
Sec. 3. Section 26 of the above-entitled act, being section 4435.25, 1929 N.C.L. 1941 Supp., as amended by chapter 216, Statutes of Nevada 1953, at page 284, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 471 (CHAPTER 289, AB 446)κ
Section 26. There shall be paid to the department for the registration of vehicles permitted by this act to be registered under a general distinguishing number assigned to a manufacturer of or dealer in vehicles, in lieu of any other fees specified in this act; and such fees shall be paid at the time application is made for registration and for additional plates according to the following schedule:
(a) For the registration of motor vehicles other than motorcycles:
For the first two sets of number plates and dealers license........................... $20
For each additional set of number plates........................................................... 5
(b) For the registration of motorcycles:
For the first plate.................................................................................................... $5
For each additional number plate........................................................................ 1
(c) For the registration of trailers and semitrailers:
For the first plate.................................................................................................... $5
For each additional number plate........................................................................ 1
Sec. 4. This act shall become effective July 1, 1955.
________
Assembly Bill No. 467Clark County Delegation
CHAPTER 290
AN ACT 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 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, approved March 29, 1907.
[Approved March 26, 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 2045, N.C.L. 1929, as last amended by chapter 5, Statutes of Nevada 1955, is hereby amended to read as follows:
Section 1. The sheriffs, county recorders and county auditors, 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 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. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, assessor, and county treasurer shall be kept open for the transaction of public business. Any order so made and entered shall require each office to be kept open for not less than 40 hours during each week.
κ1955 Statutes of Nevada, Page 472 (CHAPTER 290, AB 467)κ
order so made and entered shall require each office to be kept open for not less than 40 hours during each week. 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. 2. Section 1.5 of the above-entitled act, being chapter 178, Statutes of Nevada 1907, at page 373, as added by chapter 5, Statutes of Nevada 1955, is hereby amended to 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. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, designate the days and hours during which the office of the district attorney shall be kept open for the transaction of public business. Any order so made and entered shall require the office to be kept open for not less than 40 hours during each week 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. 3. The title of the above-entitled act, being chapter 178, Statutes of Nevada 1907, at page 373, as amended by chapter 5, Statutes of Nevada 1955, is hereby amended to read as follows:
An Act regulating and prescribing the hours that sheriffs, county recorders and county auditors, county assessors, 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. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 473κ
Assembly Bill No. 474Committee on Ways and Means
CHAPTER 291
AN ACT authorizing the Colorado River commission to continue the existing statutory provisions for engineering and legal assistants, and expenses incident thereto in connection with pending litigation concerning the Colorado River compact; appropriating one-third of the amount necessary to pay salaries and expenses from the general fund and authorizing the Colorado River commission to expend amounts equal to two-thirds the necessary expenses from the Colorado River commission fund.
[Approved March 26, 1955]
Whereas, Chapter 214, Statutes of Nevada 1953, declared that the pending litigation concerning the Colorado River compact was of vital importance to the rights of the State of Nevada to the waters of the Colorado River and directed the attorney general to intervene in the action in order to protect and defend the rights of this state, and in that connection the act authorized the employment of additional special legal counsel and assistants; and
Whereas, Chapter 265, Statutes of Nevada 1953, recognized that the suit so instituted by the State of Arizona could jeopardize the standing of this state and that it would be necessary to employ additional engineers and engineering service to conduct and prepare extensive engineering examinations and reports on the use of the land and the water apportioned to this state; and
Whereas, The special legal and engineering assistants have been diligently performing their assigned duties and have accumulated a wealth of knowledge and information for the preservation and protection of the interests of this state; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing funds for carrying out the provisions of law directing the employment of additional legal and engineering intervention assistants and for the purpose of providing funds for operating, travel, equipment, salaries and other necessary expenses, there is hereby appropriated from the general fund, from funds not otherwise appropriated, the sum of $29,500 to be transferred to the Colorado River commission fund to be expended in the amount of $18,200 for the expenses of engineering intervention and in the amount of $11,300 for expenses of legal intervention and to be paid out as other claims against the Colorado River commission fund are paid.
Sec. 2. For the purpose of further providing funds for paying counsel fees, legal court costs, salaries, equipment, travel, operating and other necessary expenses in the intervention and defense of the suit between the State of Arizona and the State of California, the Colorado River commission is hereby authorized and directed to expend from the Colorado River commission fund a sum not to exceed $59,100 for engineering and legal intervention expenses in an amount not to exceed $36,400 for the expenses of engineering intervention and in an amount not to exceed $22,700 for the expenses of legal intervention and to be paid out as other claims against the Colorado River commission fund are paid.
κ1955 Statutes of Nevada, Page 474 (CHAPTER 291, AB 474)κ
amount not to exceed $22,700 for the expenses of legal intervention and to be paid out as other claims against the Colorado River commission fund are paid.
Sec. 3. This act shall become effective on July 1, 1955.
________
Assembly Bill No. 481Committee on Judiciary
CHAPTER 292
AN ACT supplementary to chapter 42 of An Act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, being sections 11183 to 11192, inclusive, N.C.L. 1929; providing herein the procedure for the examination of the mental condition by a sanity commission of persons charged with or convicted of public offenses and found to be insane at the time of trial therefor or the pronouncement of judgment thereon and thereafter committed to the Nevada state hospital by order of the trial court; other matters relating thereto; and repealing section 11190, N.C.L. 1929.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Where any person shall have been charged in an indictment or information with a public offense and is placed upon his or her trial therefor and shall have been found by the jury to be insane at that time, or in the event of a conviction for the commission of the offense and before or at the time of the pronouncement of the judgment of the court the question of the then sanity of such person is raised, all as provided in sections 11183 to 11192, inclusive, N.C.L. 1929, and the jury shall have found the convicted person insane as of that time, the district judge of the trial court shall commit such person to the Nevada state hospital and such person shall remain in the hospital until released therefrom for trial, judgment or discharge as in this act provided.
Sec. 2. The superintendent of the Nevada state hospital shall receive the person so committed and keep him or her in his custody and under his observation and, if in his opinion such person shall have thereafter recovered his or her mental faculties to the extent of knowing the difference between right and wrong and shall be of sufficient mentality to be able to understand the nature of the criminal charge against him or her and, by reason thereof, be able to aid and assist his or her counsel in the defense interposed upon the trial or against the pronouncement of the judgment thereafter, the superintendent shall notify in writing a district judge of the judicial district in which the Nevada state hospital shall be located of his findings and opinion with respect to the sanity of the person charged with the public offense and committed to the hospital.
Sec. 3. 1. The district judge, upon receiving the written notice of the superintendent that the person charged with a public offense, as provided in section 1 of this act, is of sufficient mentality to be placed upon trial for the commission thereof, shall, within a period of not to exceed 20 days, empanel a sanity commission composed of three psychiatrists, or three medical doctors, or a combination thereof, but not including the superintendent, who in the opinion of the district judge are qualified to examine the person with respect to his or her then mental condition.
κ1955 Statutes of Nevada, Page 475 (CHAPTER 292, AB 481)κ
provided in section 1 of this act, is of sufficient mentality to be placed upon trial for the commission thereof, shall, within a period of not to exceed 20 days, empanel a sanity commission composed of three psychiatrists, or three medical doctors, or a combination thereof, but not including the superintendent, who in the opinion of the district judge are qualified to examine the person with respect to his or her then mental condition.
2. The sanity commission shall, within the time fixed by the district judge, examine the person designated by him in the order empanelling the commission, at the Nevada state hospital or at such convenient place as the commission may direct. Upon the completion of the examination the commission shall return its report, findings and opinion in writing to the district judge, which shall be in triplicate and signed by the respective members of the commission and contain, among other things, specific findings and opinion upon:
(a) Whether the person is of sufficient mentality to know the difference between right and wrong;
(b) Whether the person is of sufficient mentality to understand the nature of the offense charged; and
(c) Whether the person is of sufficient mentality to aid and assist counsel in the defense of the offense charged, or to show cause why judgment should not be pronounced.
A concurrence of two members of the commission shall be necessary to a decision.
3. Upon receiving the report, findings and opinion of the sanity commission, and if the decision is that the person examined then and there:
(a) Knew the difference between right and wrong;
(b) Understood the nature of the offense charged; and
(c) Was of sufficient mentality to aid and assist counsel in defense of the offense charged, or to show cause why judgment should not be pronounced,
the district judge shall within 10 days forward to the district judge of the district court committing the person charged with the public offense to the Nevada state hospital, and to the district attorney of the proper county, respectively, one copy of the report, findings and opinion of the sanity commission. Upon receipt thereof, the district attorney shall notify the sheriff of the county of the findings of the sanity commission and arrange for the return of the person to that county for trial upon the offense there charged or the pronouncement of judgment, as the case may be; provided, such return shall be made within 60 days of the receipt of the findings of the sanity commission.
4. If the report, findings and opinion of the sanity commission is adverse to the person charged with a public offense, such person shall remain in the Nevada state hospital and in the custody of the superintendent thereof subject to further examinations in the future or until discharged therefrom according to law.
Sec. 4. The members of the sanity commission shall each receive reasonable compensation fixed by the district judge empanelling such commission, which compensation shall be a charge against and paid by the state from the general fund upon an order therefor signed by the district judge and submitted to the state board of examiners.
κ1955 Statutes of Nevada, Page 476 (CHAPTER 292, AB 481)κ
the state from the general fund upon an order therefor signed by the district judge and submitted to the state board of examiners.
Sec. 5. Section 11190, N.C.L. 1929, is hereby repealed.
Sec. 6. This act shall be deemed supplemental to and in addition to chapter 42 of An Act to regulate proceedings in criminal cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, being sections 11183 to 11192, inclusive, N.C.L. 1929, and shall be effective immediately upon its passage and approval.
________
Assembly Bill No. 486Committee on State Publicity and Economic Development
CHAPTER 293
AN ACT providing for the designation, care, protection, administration, supervision, improvement and development of historical buildings, sites and places on publicly owned lands of the State of Nevada, and other matters relating thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The governor, upon the recommendation of the state park commission of the State of Nevada, may, by proclamation, designate any site, place or building located on any publicly owned land in the State of Nevada as a state monument, historical landmark, historical building or recreational area.
Sec. 2. The state park commission of the State of Nevada shall administer, protect, mark and develop any such state monument, historical landmark, historical building or recreational area so designated and proclaimed as herein provided, and any moneys appropriated to the state park commission of the State of Nevada, or derived by it from any source whatever, may be expended by it for the marking, care, protection, supervision, improvement or development of any such state monument, historical landmark, historical building or recreational area.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 477κ
Assembly Bill No. 217Mr. Harmon
CHAPTER 294
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 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 487 of the above-entitled act, being section 11135, N.C.L. 1929, is hereby amended to read as follows:
Section 487. If at any time within 90 days after such entry in the minutes, the defendant or his bail appear and satisfactorily excuse his neglect, the court may direct the forfeiture of the undertaking or the deposit to be discharged upon such terms as may be just.
Sec. 2. Section 488 of the above-entitled act, being section 11136, N.C.L. 1929, as last amended by chapter 69, Statutes of Nevada 1953, at page 64, is hereby amended to read as follows:
Section 488. If the forfeiture is not discharged within the time provided in the last section, the district attorney may, at any time thereafter, proceed by action against the bail upon their undertaking.
Sec. 3. Section 489 of the above-entitled act, being section 11137, N.C.L. 1929, as last amended by chapter 52, Statutes of Nevada 1951, at page 40, is hereby amended to read as follows:
Section 489. If, by reason of the neglect of the defendant to appear, as provided in section 486, money deposited instead of bail is forfeited, and the forfeiture be not discharged or remitted as provided in section 487, the clerk or magistrate with whom it is deposited must, at the end of the time period provided in section 487, unless the court has before that time discharged the forfeiture, pay over the money deposited to the county treasurer.
Sec. 4. The above-entitled act, being sections 10650 to 11326, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 489.5, which shall immediately follow section 489 and shall read as follows:
Section 489.5. All of the provisions of section 487, 488 and 489 shall apply regardless if the fine deposited be by surety, cash or property.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 478κ
Assembly Bill No. 309Mr. Carlson
CHAPTER 295
AN ACT to amend an act entitled An Act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada, and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing liability insurance in certain cases, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts, and other matters properly connected therewith, approved March 23, 1933.
[Approved March 26, 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 4437.02, 1929 N.C.L. 1941 Supp., as last amended by chapter 237, Statutes of Nevada 1947, at page 754, is hereby amended to read as follows:
Section 3. None of the provisions of this act shall apply to any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada; nor to United States mail carriers operating star routes when not engaged in other business as a common or contract carrier; nor to city or town draymen and private motor carriers of property operating within a five-mile radius of the limits of a city or town; nor to the transportation of livestock and/or farm products to market by the producer thereof, or such producers employee, or merchandise and/or supplies for his own use in his own motor vehicle; nor to the transportation of children to and from school, and the transportation of passengers in chartered motor vehicles on educational or sight-seeing tours; provided, however, only five such trips shall be allowed any one person during any calendar year; nor to the transportation of contractors own equipment in his own motor vehicle from job to job, nor to the transportation of ore or minerals or mining supplies in the producers own vehicle; provided, however, only one vehicle having an unladened weight not exceeding 10,000 pounds, shall be exempted for the transportation of ore or minerals or mining supplies; and provided further, no exemption whatever shall be granted if said vehicle exceeds 10,000 pounds unladened; nor to any person engaged in transporting his own personal property in his own motor vehicle; provided, any such person who is a private carrier of property transporting his own goods, wares, and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producers own vehicle, being transported for the purpose of sale or resale, may secure a private carriers license at a rate of twenty-five ($25) dollars per annum; provided, the vehicle does not exceed 10,000 pounds unladened weight, which fee shall be the only license fee required of such person, notwithstanding any other provision of this act to the contrary; providing further, only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere; and provided further, nothing in this particular clause shall be construed as applying to tractor-trucks, trailers or semitrailers, but shall be deemed to apply to motor trucks and passenger cars.
κ1955 Statutes of Nevada, Page 479 (CHAPTER 295, AB 309)κ
the only license fee required of such person, notwithstanding any other provision of this act to the contrary; providing further, only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere; and provided further, nothing in this particular clause shall be construed as applying to tractor-trucks, trailers or semitrailers, but shall be deemed to apply to motor trucks and passenger cars.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 323Committee on Judiciary
CHAPTER 296
AN ACT providing for the regulation of the enactment, amendment and publication of ordinances enacted by the various boards of county commissioners; and other matters properly related thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. No ordinance shall be passed except by bill, and when any ordinance is amended, the section or sections thereof shall be reenacted as amended, and no ordinance shall be revised or amended by reference only to its title. All ordinances shall bear a summary, which shall appear before the title and which shall state in brief the subject matter of the ordinances. Every ordinance, except those revising the county ordinances, shall embrace but one subject and matters necessarily connected therewith and pertaining thereto, and the subject shall be clearly indicated in the title and in all cases where the subject of the ordinance is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.
Sec. 2. The style of ordinances shall be as follows.
The Board of County Commissioners of the County of Do Ordain:
(Body of ordinance)
(Last section of ordinance)
Proposed on the ......... day of ., 19
Proposed by Commissioner
Passed the ......... day of , 19
Vote:
Ayes: Commissioners
Nays: Commissioners
Absent: Commissioners
Attest:
............................................................... .........................................................................
County Clerk Chairman of the Board
This ordinance shall be in force and effect from and after the day of , 19
κ1955 Statutes of Nevada, Page 480 (CHAPTER 296, AB 323)κ
All proposed ordinances when first proposed, shall be read aloud in full to the board, and final action thereon shall be deferred until the next regular meeting of the board, except that in cases of emergency, by unanimous consent of the whole board, such final action may be taken immediately or at a special meeting called for that purpose. All ordinances shall be signed by the chairman of the board, attested by the county clerk and be published by title only, together with the names of the commissioners voting for or against their passage, in a newspaper published and having a general circulation in such county, at least once a week for a period of 2 weeks before the same shall go into effect, such publication by title shall also contain a statement to the effect that typewritten copies of the ordinance are available for inspection by all interested parties at the office of the county clerk; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the board of county commissioners, no further publication shall be deemed necessary. The county clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and the book, or a certified copy of the ordinances therein recorded, under the seal of the county, 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 board of county commissioners, they shall be so received.
Sec. 2.1. An ordinance adopting any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the county, and with such other changes as may be desirable, by reference thereto, and such code upon adoption need not be published as required by section 2, if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, shall have been filed for use and examination by the public in the office of the county clerk at least one week prior to the passage of the ordinance adopting the code. Notice of such filing shall be given by one publication in a newspaper having a general circulation in the county, at least one week prior to the passage of the ordinance adopting the code.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 481κ
Assembly Bill No. 354Mr. Byrne
CHAPTER 297
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 26, 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 5091.20, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 20. Penalties. 1. (a) Except as otherwise provided in subsection 2 of this section, any person who violates any provision of this act shall, upon conviction, be fined not more than $2,000 and be imprisoned not less than 2 or more than 5 years.
(b) For a second offense, or if, in case of a first conviction of violation of any provision of this act, the offender shall previously have been convicted of any violation of the laws of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be fined not more than $2,000 and be imprisoned not less than 5 or more than 10 years.
(c) For a third or subsequent offense, or if the offender shall previously have been convicted 2 or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to narcotic drugs or marihuana, the offender shall be fined $2,000 and be imprisoned not less than 10 or more than 20 years.
(d) Except in the case of conviction for a first offense, the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served.
2. (a) Any person who is convicted of the illegal sale, exchange, barter, supplying or giving away of narcotic drugs or marihuana shall be fined not more than $2,000 and be imprisoned not less than 5 or more than 10 years.
(b) For a second or subsequent offense the penalty shall be the same as that provided for a third offender in subsection 1. For any offense the penalty for which is provided in subsection 2, the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum sentence shall have been served.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 482κ
Senate Bill No. 239Committee on Finance
CHAPTER 298
AN ACT to amend an act entitled An Act to regulate certain fees of county clerks in the State of Nevada and to repeal acts or parts of acts in conflict therewith, approved March 27, 1947.
[Approved March 26, 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 151, Statutes of Nevada 1947, at page 507, is hereby amended to read as follows:
Section 1. In addition to any other fees now provided by law, the county clerk of each county in the State of Nevada shall charge and collect the following fee; provided, however, that said clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or the county, or any city or town within said county, or any officer thereof in his official capacity:
On the commencement of any civil action or proceeding in the district court, to be paid by the party commencing such action or proceeding, $15, which shall be paid over to the state treasurer of the State of Nevada, as hereinafter provided.
Sec. 2. Section 2 of the above-entitled act, being chapter 151, Statutes of Nevada 1947, at page 507, as amended by chapter 71, Statutes of Nevada 1949, at page 90, is hereby amended to read as follows:
Section 2. On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to $15 per civil case commenced as provided in section 1, for the preceding calendar month, and the county treasurer shall place the same to the credit of the state fund. The county treasurer shall remit quarterly all such fees turned over to him by the clerk to the state treasurer of the State of Nevada, to be placed by him in the general fund of the state.
Sec. 3. This act shall become effective July 1, 1955.
________
Senate Bill No. 242Senator Orr
CHAPTER 299
AN ACT to amend an act entitled An Act to regulate traffic on the highways of this state, to provide punishment for violation thereof, to make exceptions in certain cases, and other matters properly connected therewith, approved March 21, 1925.
[Approved March 26, 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 4353, N.C.L. 1929, as last amended by chapter 253, Statutes of Nevada 1953, at page 359, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 483 (CHAPTER 299, SB 242)κ
Section 4. Whenever an automobile, motorcycle, or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes any person or collides with any vehicle containing a person, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver shall immediately cause such vehicle to stop, and shall render to the person struck, or the occupants of the vehicle collided with, all necessary assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, is such treatment be required, or if such carrying be requested by the person struck, or the occupant of the vehicle struck; and such driver and the person having or assuming authority over such driver shall further give to the occupants of such vehicle, or such person struck, the number of his or their vehicle, also the name of the owner thereof, and the name of the passenger, or passengers, in each vehicle at the time of such striking or collision, and every such driver shall, as soon as possible, make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, and to the nearest office of the Nevada highway patrol or office of a duly authorized police authority, or if such a collision occurs within an incorporated city, to the chief of police of the city; and whenever an automobile, motorcycle or any other vehicle whatever, regardless of the power by which the same is drawn or propelled, strikes or collides with any unoccupied vehicle, the driver of such vehicle and all persons in such vehicle who have or assume authority over such driver, shall immediately cause such vehicle to stop, and shall ascertain the name of the owner of the vehicle so struck, or the license number thereof, and shall immediately make a full report of such collision, with all details and circumstances thereof, to the sheriff of the county in which such collision occurred, and to the nearest office of the Nevada highway patrol or office of a duly authorized police authority, if the same be without the limits of an incorporated city, or if such a collision occurs within an incorporated city, to the chief of police of the city. The sheriff, Nevada highway patrol or duly authorized police authority or chief of police, upon receiving a report of any accident or collision which results in bodily injury to any person or property damage in excess of $100, shall forthwith prepare a copy of the report and file the same with the drivers license division of the public service commission. Any person violating any of the provisions of this section shall be punished as for a gross misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 484κ
Senate Bill No. 248Senator Seevers
CHAPTER 300
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 26, 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 335, Statutes of Nevada 1953, as amended by chapter 15, Statutes of Nevada 1954, at page 38, is hereby amended to read as follows:
Section 3. It shall be the duty of the county commissioners of each county in this state, between March 1 and April 1 of each year, and the governing board of other political subdivisions in this state, between February 1 and March 1 of each year, to prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of such political subdivisions for the next fiscal year starting the following July 1. Such budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission, and shall in any event show the following details:
1. The total assessed valuation of the tax roll prepared for the current fiscal year, and upon which quarterly installments will be collected in the next fiscal year starting the following July 1.
2. The estimated valuation of personal property for the next fiscal year starting the following July 1, which is not placed on the tax roll but collected by the county assessor at the time of assessment.
3. The total aggregate assessed valuation upon which taxes will be collected in the next fiscal year starting the following July 1.
4. The estimated unencumbered cash balance at the beginning of the following fiscal year.
5. The estimated receipts from all sources for the next fiscal year.
6. The estimated expenditures for the next fiscal year.
7. The amount required for the next fiscal year from taxation and the tax rate necessary to produce it.
If any county is unable to complete its budget by April 1 and if any other political subdivision is unable to complete its budget by March 1, a grace period of two weeks may be obtained within which to complete such budget; provided, the county or other political subdivision makes such request to the Nevada tax commission prior to its due date, setting forth in such statement satisfactory reasons for such request.
Upon the failure of any county or other political subdivision to complete its budget by the due date, or within the grace period, if such grace period has been obtained, the members of the governing body of such county or other political subdivision shall each be deemed guilty of a misdemeanor in office.
κ1955 Statutes of Nevada, Page 485 (CHAPTER 300, SB 248)κ
Upon the completion of said budget, it shall, in the case of a county, be signed by the commissioners of the county approving same and by the county clerk; and shall be forthwith filed in the office of the recorder and auditor; and in the case of any other political subdivision it shall be signed by the governing board. Budgets for cities and municipalities shall be filed with the city clerk; and for a town, school district, county high school, or high school district or educational district, it shall be filed with the auditor and recorder of the county wherein such town, school district, high school or high school district or educational district is situated. A copy of the budget for each school district, county high school or high school district or educational district shall forthwith be filed with the legislative auditor. The estimated receipts and expenditures for the fiscal year for which such budget is prepared, the aggregate valuation and tax rates as shown by said budget, shall be published once, at least fifteen days prior to the date when such budget shall become effective, in the official newspaper of the county or political subdivision, if there be one, or if there be no official newspaper, then in a newspaper to be designated by the respective governing board of the county or political subdivision for which said budget pertains; provided, that when the estimated receipts and expenditures of a county high school are included in the budget of the county wherein such high school is situated, no publication of such receipts and expenditures shall be required other than set forth in the publication of the county budget; provided further, that whenever the budget filed by a board of school trustees shows that the estimated receipts from the quarterly school apportionments, without any special district tax upon the property of the school district, will be sufficient to provide the funds necessary to maintain properly the work in said school district for the current year and for the next following year, as required by law, the publication of the budget of such school district shall not be required.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 256Committee on Finance
CHAPTER 301
AN ACT providing an additional and supplemental appropriation from the state highway fund for the support of the public service commission of Nevada for the biennium ending June 30, 1955.
[Approved March 26, 1955]
Whereas, By sections 17, 18, 19 and 20 of chapter 294, Statutes of Nevada 1953, there was appropriated for the general support of the motor vehicle division, the drivers license division, the Nevada highway patrol division, and the safety and financial responsibility division, all of the public service commission of Nevada, the combined sum of $970,548.05; and
Whereas, By section 1 of chapter 167, Statutes of Nevada 1953, supervision of the state office building was transferred from the department of highways to the state department of buildings and grounds; and
κ1955 Statutes of Nevada, Page 486 (CHAPTER 301, SB 256)κ
supervision of the state office building was transferred from the department of highways to the state department of buildings and grounds; and
Whereas, By section 2 of chapter 167, Statutes of Nevada 1953, the superintendent of the state department of buildings and grounds is authorized to accept fees from departments and agencies which are not supported by legislative appropriation from the general fund, and which occupy space in state-owned buildings regularly maintained by general fund moneys; and
Whereas, Through oversight no appropriation was made by the 46th session of the Nevada legislature from the state highway fund to the aforesaid divisions of the public service commission of Nevada for the payment of rent for space occupied in the state office building during the current biennium; and
Whereas, Because of the aforesaid reasons 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 the state highway fund for the use of the public service commission of Nevada the sum of $4,826.14 for the payment of rent for space occupied in the state office building by the motor vehicle division, the drivers license division, the Nevada highway patrol division, and the safety and financial responsibility division, as an additional and supplemental appropriation to those allowed by sections 17, 18, 19 and 20 of chapter 294, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 341Messrs. Lambert and Hose
CHAPTER 302
AN ACT transferring the functions of the Nevada state fair of industry show board to the district board of agriculture for agricultural district No. 6; repealing a certain act; and other matters properly relating thereto.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. A statewide mining, petroleum and industrial exhibition, to be known as the Nevada fair of mineral industries, shall be held at Ely, Nevada, annually under the administration of the board of agricultural district No. 6, and may, at the discretion of the board be held in connection with a district exhibition to include other fields of endeavor. In addition to its other responsibilities, the district shall use all suitable means to collect and disseminate, throughout the state, information calculated to educate and benefit the mineral industries within the State of Nevada, including the petroleum industry.
κ1955 Statutes of Nevada, Page 487 (CHAPTER 302, AB 341)κ
within the State of Nevada, including the petroleum industry. The district board shall have the possession and care of all of the property of the Nevada state industrial show and is entrusted with the direction of its entire business and financial affairs.
Sec. 2. Chapter 191, Statutes of Nevada 1947, at page 656, entitled An Act to encourage and promote mining and industry in the State of Nevada; to create a Nevada state fair of industry show board, and to provide for a state industrial show; making an appropriation therefor; and other matters properly relating thereto, approved March 27, 1947, is hereby expressly repealed.
Sec. 3. This act shall become effective July 1, 1955.
________
Assembly Bill No. 28Miss Frazier
CHAPTER 303
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 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 310 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 218, is hereby amended to read as follows:
Section 310. To Share in Federal and State Funds. Whenever any school or classes have been organized in accordance with rules and regulations adopted by the state board for vocational education, and shall have been approved by the state board for vocational education, they shall be entitled to share in federal and state fund available for the promotion of vocational education in such amounts as shall be determined and approved by the state board for vocational education.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 488κ
Assembly Bill No. 106Mr. Harmon
CHAPTER 304
AN ACT repealing an act entitled An Act to provide for the election of delegates to national political party conventions for participation in presidential primaries, and other matters properly relating thereto, approved March 28, 1953.
[Approved March 26, 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 299, Statutes of Nevada 1953, at page 474, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 231Senators Brown and Lovelock
CHAPTER 305
AN ACT to repeal certain sections of an act entitled An Act to provide local adoption of certain approved voting machines at any or all elections and all matters properly connected therewith, approved March 17, 1951.
[Approved March 26, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Sections 6, 96, 98 and 99 of the above-entitled act, being chapter 136, Statutes of Nevada 1951, at pages 180 and 187, are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 233Senators Brown and Lovelock
CHAPTER 306
AN ACT to amend an act entitled An Act relating to elections, approved March 24, 1917.
[Approved March 26, 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 2439, N.C.L. 1929, as last amended by chapter 303, Statutes of Nevada 1953, at page 502, is hereby amended to read as follows:
Section 2. It shall be the duty of boards of county commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate, designate and abolish the same as public convenience or necessity or economy and expediency in elections may require; provided:
κ1955 Statutes of Nevada, Page 489 (CHAPTER 306, SB 233)κ
or necessity or economy and expediency in elections may require; provided:
First. That no new precinct shall be established except upon petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling place or precinct.
Second. That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding election therein shall be given.
Third. All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections is given, shall be entitled to register and vote in the election precinct having a polling place nearest their residence, by the usual traveled route.
Fourth. That no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county, unless there shall have been polled, at the said voting place, at the next preceding general election, not less than fifty votes.
The several boards of county commissioners in the counties of this state in providing for and proclaiming election precincts shall so arrange and divide the voting places in the respective counties so that no greater number than four hundred voters shall vote in one precinct; provided, that, in such divisions limited by the number of four hundred voters per precinct, when such precincts voting populations approach eight hundred voters between the time of proclaiming the boundaries of such precincts and an ensuing election, they may be divided, each within its own prescribed boundaries, by alphabetical segments of the list of the surnames of the registered voters therein.
It shall be the duty of said boards of county commissioners at their first regular meetings in September preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct, and two clerks of election, who shall have charge of the ballots on election day and shall furnish them to the voters in the manner hereinafter provided for; provided, that in all precincts where two hundred (200) or more voters are registered, it shall be the duty of said boards of county commissioners to appoint six inspectors and four clerks of election, each possessing the above qualifications, said inspectors and clerks to be divided into two boards, each consisting of three inspectors and two clerks; provided further, that two of said inspectors, one republican and one democrat, may be designated by the board of county commissioners as the election precinct foreman. One of the said boards shall be designated as the voting board and the other as the counting board. The voting board shall serve from the opening to the closing of the polls, at which time the voting board shall deliver to the counting board the ballot box, containing the ballots, and all other books and supplies in their possession, whereupon the counting board shall proceed to count the ballots and perform the other duties required of election boards.
κ1955 Statutes of Nevada, Page 490 (CHAPTER 306, SB 233)κ
serve from the opening to the closing of the polls, at which time the voting board shall deliver to the counting board the ballot box, containing the ballots, and all other books and supplies in their possession, whereupon the counting board shall proceed to count the ballots and perform the other duties required of election boards. The members of each board acting hereunder shall receive compensation for one shift, or day. The election precinct foreman of each election precinct shall serve on both the voting board and the counting board, and they shall receive compensation for two shifts and in addition shall receive the sum of five dollars. It shall be the duty of the county clerk and the county commissioners, when election precinct foremen have been designated as herein provided, to conduct a school for election precinct foremen at least five (5) days prior to any primary, general, special or any election to which the general law is applicable, for the purpose of acquainting such election precinct foremen with the duties of the election board and the election laws, which the foremen shall, in turn, impart to their respective election boards. It shall also be the duty of said county commissioners to designate special election boards such as a central election board for small mailing precincts, provided for by law; and, when deemed expedient in voting the electorate, said county commissioners are hereby authorized to appoint officers to and designate a special board for the purpose of counting absent voters ballots, provided for by law.
At the same time and in the same manner the clerk of said board shall furnish to each of said inspectors and clerks of election one copy of the election laws for their special use.
It shall be the further duty of the board of county commissioners to cause their clerks to furnish the sheriff with poll books and other supplies required to be provided by said board of inspectors and clerks of election, and the clerk shall at the same time deliver to the sheriff the ballot boxes, and keys, the official ballots, and printed instructions. The sheriff shall thereafter deliver said election supplies by registered or insured mail, express or otherwise, to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election.
Fifth. The board of county commissioners of all of the counties in this state are hereby given the power and authority to designate any building or buildings, public or otherwise, or any portion of said building or buildings, as the site or sites for any polling place or any number of polling places for any or all of the precincts in any election district within said county, when in the opinion of said board either the convenience and comfort of the voters and election officials will be best served by putting one or more polling places in any such building or buildings, or any portion thereof, or when in the opinion of said board the expense to the county for polling places can be minimized by putting one or more polling places in any such building or buildings, or any portion thereof. This provision shall apply to all primary, general, and special elections.
Sec. 2. Section 31 of the above-entitled act, being section 2468, N.C.L.
κ1955 Statutes of Nevada, Page 491 (CHAPTER 306, SB 233)κ
N.C.L. 1929, as last amended by chapter 122, Statutes of Nevada 1951, at page 160, is hereby amended to read as follows:
Section 31. There shall be allowed out of the county treasury of such county to each inspector and each clerk of election ten dollars per period of voting or counting. Each member of the counting board shall receive the sum of ten dollars per period of counting, the hours of 6:00 p. m. to 2:00 a. m. to constitute one period of counting for the counting board. From and after 2:00 a. m. each member of the counting board shall receive as added compensation two dollars per hour. Where a combined voting and counting board is used, each member of said combined board shall receive ten dollars per period of voting until such time as said combined board shall begin counting. At the time said combined board begins counting each member thereof shall receive as added compensation the sum of two dollars per hour. And to the person carrying the pollbooks from the place of election to the clerks office the sum of fifteen cents per mile for going and fifteen cents per mile for returning, to be paid out of the county treasury.
Sec. 3. Section 34 of the above-entitled act, being section 2471, N.C.L. 1929, is hereby amended to read as follows:
Section 34. When any proposed constitution, constitutional amendment, or other question is to be submitted to the popular vote, the secretary of state shall, within ninety days before the election at which such constitution, constitutional amendment or question to be voted upon, certify the same to each county clerk of this state, assigning to each question or constitutional amendment a number by which it shall be designated, sending to each of said clerks enough copies of such constitution, constitutional amendments, or other questions to supply each precinct or district board of election, and enough additional copies to carry out the provisions of this act. And it is hereby made the duty of the county clerks of each county to have posted, outside of incorporated cities ten days before election, in each precinct, one copy of said constitution, constitutional amendment or other question to be voted on, which copy shall be posted at the place of holding the polls. If there is a newspaper published in the county, the county clerk shall cause to be published said constitution, constitutional amendment, or other question to be voted therein three times; one publication thereof shall be at least thirty days before election; another not less than twenty days; and another not more than ten days before said election. Any secretary of state or county clerk of this state who shall fail to comply with the provisions of this act shall be deemed guilty of a misdemeanor and on conviction shall be fined in a sum not less than $100, nor more than $500.
Sec. 4. Section 36 of the above-entitled act, being section 2473, N.C.L. 1929, as last amended by chapter 14, Statutes of Nevada 1949, at page 14, is hereby amended to read as follows:
Section 36. On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no writing or printing except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded.
κ1955 Statutes of Nevada, Page 492 (CHAPTER 306, SB 233)κ
of the strip in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of the candidates are printed in separate columns the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name; provided, that the names of candidates for president and vice president of the United States shall be printed upon such ballots when such election shall be a presidential and vice presidential election, followed by the designation of their party. A cross (X) stamped in the square opposite the names of the presidential and vice presidential candidates of a party is a vote for all of the electors of that party, but for no other candidates.
The names of the candidates for each office shall be arranged on the ballot under the designation of the office, in alphabetical order, according to the surname of such candidates and the political designation of each candidate, except in the case of candidates for judicial offices and school offices, shall be printed opposite his name; and as to candidates for judicial offices and school offices the names of the candidates shall also be alphabetically arranged on the ballot according to surname under the title of the office for which they are candidates, and the word Nonpartisan shall be placed after the name of each such candidate. There shall be a square at the right-hand side of the name and party or nonpartisan designation of each candidate at least one-half-inch square, so that the voters may clearly indicate in the way hereinafter prescribed the candidate or candidates for whom they wish to vote. However, candidates for township and assembly district offices shall be listed respectively on the ballots issued to the townships and assembly districts electorates entitled to vote on such officers or offices particularly, with care exercised that no electorate of one township or assembly district shall have the opportunity to vote on the officers or offices of another township or assembly district.
Whenever any question is to be submitted to the vote of the people, it shall be printed upon the ballot in such manner as to enable the electors to vote Yes or No upon the question submitted in the manner hereinafter provided, and the words Yes and No separated by a light-faced rule and with a square after each thereof of the size hereinbefore prescribed shall be printed upon the ballot after each question, with a brief statement of the purport of such question, in plain ordinary language which may be readily understood by the ordinary lay person. Before every question or constitutional amendment to be voted upon there shall be placed a number, to be designated by the secretary of state, in bold-face type, not smaller than twenty-four point.
There shall be printed on the ballots opposite the designation of each office such words as will aid the voter to indicate his choice of candidate, such as Vote for not more than one, Vote for not more than three, and the like.
κ1955 Statutes of Nevada, Page 493 (CHAPTER 306, SB 233)κ
such as Vote for not more than one, Vote for not more than three, and the like.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 138Senators Whitacre, Brown and Seevers
CHAPTER 307
AN ACT to amend an act entitled An Act regulating the nomination of candidates for public office in the State of Nevada, approved March 23, 1917.
[Approved March 26, 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 2409, N.C.L. 1929, as last amended by chapter 368, Statutes of Nevada 1953, at page 702, is hereby amended to read as follows:
Section 5. The name of no candidate shall be printed on an official ballot to be used at a primary election unless he shall qualify by filing a declaration of candidacy, or by an acceptance of a nomination and by paying a fee as provided in this act.
(a) Every candidate for nomination for any elective office not less than fifty days prior to the primary shall file a declaration or acceptance of candidacy in substantially the following form:
Nomination paper of ..for the office of
|
State of Nevada,
County of................................. |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for nomination by the party as its candidate for the office of , I, the undersigned , do solemnly swear (or affirm) that I reside at No .., .street, in the city (or town) of .., county of .., State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the party; that I have not reregistered and changed the designation of my political party affiliation on an official registration card since the last general election; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state; that if nominated as a candidate of said .party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.
................................................................ (Signature of candidate for office.)
κ1955 Statutes of Nevada, Page 494 (CHAPTER 307, SB 138)κ
Subscribed and sworn to before me this .day of , 19 ..
......................................... Notary public (or other officer authorized to administer an oath).
Provided, that no candidate for a judicial office or a school office shall certify as to his party affiliations, and the names of such candidate shall be printed on the ballots of all parties under the heading of nonpartisan candidates for the respective offices.
(b) Ten or more qualified electors may, not more than eighty nor less than fifty-five days prior to the September primary, file a designation of nomination designating any qualified elector as a candidate for the nomination for any elective office. When such designation shall have been filed, it shall be the duty of the officer in whose office it is filed to notify the elector named in such designation thereof. If the elector named in the designation shall, not less than fifty days prior to the primary, file an acceptance of such nomination and pay the required fee, he shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy. If any such designation of nomination shall relate to a judicial or school office it may be signed by electors of any or all parties, but if it shall relate to any other office, the signers shall all be of the same political party as the candidate so designated. The acceptance shall be in a form similar to that used by a candidate who files a declaration of candidacy.
(c) If the last day limited for filing any paper mentioned in this section for the nomination of candidates for district offices voted for wholly within one county, state senators, assemblymen, county and township officers shall fall on a Saturday or Sunday, then the period so limited shall expire on such Saturday at 12 m., notwithstanding anything in this section to the contrary.
(d) If the last day limited for filing any paper mentioned in this section for the nomination of candidates for United States Senator, Representative in Congress, state offices, and all offices whose districts comprise more than one county shall fall on Saturday or Sunday, then the period so limited shall expire on the preceding Friday at 5 p. m., notwithstanding anything in this section to the contrary.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 495κ
Assembly Bill No. 431Committee on Judiciary
CHAPTER 308
AN ACT to amend an act entitled An Act to provide a method for voting at any general, special or primary elections by qualified voters who by reason of the nature of their vocation or business or other causes are unavoidably absent from the polls in the county of their residence on the day of election, providing penalties for the violation thereof, and other matters properly connected therewith, approved March 11, 1921.
[Approved March 26, 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 2554, N.C.L. 1929, as last amended by chapter 302, Statutes of Nevada 1953, at page 500, is hereby amended to read as follows:
Section 2. An elector, as designated in section 1 of this act, who will be or expects to be absent from the precinct in the county of his residence on the day of any general, special, or primary election, or who, by reason of illness or physical disability, is or expects to be confined at home or a hospital, or attached to the Armed Forces of the United States, the auxiliaries thereof including the Coast Guard, or the United States Merchant Marine service, or as a civilian employee of the United States beyond the boundaries of the State of Nevada and the District of Columbia, or as a member of a religious group or welfare group officially attached to and serving with the Armed Forces of the United States, may, not more than ninety (90) days nor less than 5 days in the case of electors within the continental limits of the United States or 10 days in case of electors outside the continental limits of the United States, prior to the date of such election, make application in person, or by post card, letter or telegram to the county clerk of the county in which his voting precinct is situated, for an official absent voters ballot to be voted by him at such election; provided, that the provisions of this section shall also apply to the spouses and dependents of any such elector if they or either of them is a qualified elector of this state and by reason of the services if they or either of them is required to reside beyond the boundaries of the state.
Sec. 2. Section 15 of the above-entitled act, as added by chapter 117, Statutes of Nevada 1923, being section 2566, N.C.L. 1929, and as last amended by chapter 119, Statutes of Nevada 1943, at page 166, is hereby amended to read as follows:
Section 15. Any qualified elector voting by means of the official absent voters ballot who shall fail to cause the voting of such ballot as in this act provided at the general election held in the month of November, except that he there vote his ballot in person, shall not thereafter be entitled to vote in person or to receive an official absent voters ballot until he shall have reregistered according to law and the county clerk shall cancel such electors previous registration; provided, however, that this provision shall not apply to state and federal officers, their spouses, dependents and attaches if qualified electors required to reside away from their legal voting residences, members of the Armed Forces of the United States and the auxiliaries thereof including the Coast Guard, civilian employees of the United States beyond the boundaries of the State of Nevada and the District of Columbia, members of religious groups or welfare groups officially attached to and serving with the Armed Forces of the United States, or persons engaged in interstate transportation by rail, motor or airplane.
κ1955 Statutes of Nevada, Page 496 (CHAPTER 308, AB 431)κ
away from their legal voting residences, members of the Armed Forces of the United States and the auxiliaries thereof including the Coast Guard, civilian employees of the United States beyond the boundaries of the State of Nevada and the District of Columbia, members of religious groups or welfare groups officially attached to and serving with the Armed Forces of the United States, or persons engaged in interstate transportation by rail, motor or airplane. The county clerk shall retain on file the registration of all such electors until he is satisfied that any such elector is no longer a member of or engaged in any of the aforesaid services, state or federal; provided, further, the provisions of this section shall apply to the spouses and dependents of any such elector if they or either of them is a qualified elector of this state and by reason of the services of the elector they or either of them is required to reside beyond the boundaries of the state.
________
Senate Bill No. 232Senators Brown and Lovelock
CHAPTER 309
AN ACT to amend an act entitled An Act to provide a method for voting at any general, special or primary elections by qualified voters who by reason of the nature of their vocation or business or other causes are unavoidably absent from the polls in the county of their residence on the day of election, providing penalties for the violation thereof, and other matters properly connected therewith, approved March 11, 1921.
[Approved March 26, 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 section 2559, N.C.L. 1929, as last amended by chapter 302, Statutes of Nevada 1953, at page 501, is hereby repealed.
Sec. 2. Section 9 of the above-entitled act, being section 2560, N.C.L. 1929, is hereby amended to read as follows:
Section 9. In case the applicant shall appear in person before the county clerk, he shall stamp and reseal the ballot in the same manner as provided in section 6 and shall forthwith deliver the ballot to the county clerk, who shall treat said ballot in the same way as ballots received by mail by him; provided, that when voting machines adopted in the county are assigned to use in absent ballot voting as provided for by law, such applicant shall register his vote on the voting machine properly prepared for his ballot by precinct or district and, in primaries, by political affiliation or nonpartisanship, as well as real property ownership status in special bond elections.
Sec. 3. Section 10 of the above-entitled act, being section 2561, N.C.L. 1929, as amended by chapter 302, Statutes of Nevada 1953, at page 501, is hereby amended to read as follows:
Section 10. On the day of election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of such election board officers, proceed to deposit the ballots in the ballot-box in the following manner:
κ1955 Statutes of Nevada, Page 497 (CHAPTER 309, SB 232)κ
presence of a majority of the number of such election board officers, proceed to deposit the ballots in the ballot-box in the following manner:
The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with that of such voters signature on the original affidavit of registration. If found entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number on said envelope agrees with the number on the ballot taken from said envelope, the ballot shall then be deposited in the regular ballot-box, without examining or unfolding it, and the clerk of the election shall mark opposite the name of the voter in the poll book the word voted or such character to indicate the word voted; provided, that when the county commissioners have appointed and designated a special board of election to receive and count absent voters ballots, the county clerk shall provide for the casting of absent voters ballots in the manner set forth above in this section.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 107Mr. Harmon
CHAPTER 310
AN ACT to amend an act entitled An Act regulating the nomination of candidates for public office in the State of Nevada, approved March 23, 1917.
[Approved March 26, 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 2404, N.C.L. 1929, as last amended by chapter 300, Statutes of Nevada 1953, at page 485, is hereby amended to read as follows:
Section 1. The words and phrases of this act shall, unless such construction be inconsistent with the context, be construed as follows:
(a) The words November election, the regular general election for the election of state and county officers held on the first Tuesday after the first Monday in November of each even-numbered year.
(b) The words primary and primary election shall mean the election on the first Tuesday in September at which candidates are nominated for the November election.
(c) The words judicial officers, any justice of the supreme court, any judge of a district court, or any justice of the peace; and the words judicial office, the office filled by any judicial officer.
(d) The words school officers, the state superintendent of public instruction, the regents of the University of Nevada, members of county boards of education, school trustees, and the words school office, any office filled by any school officer.
(e) The words township officer, the constable, and the words township office, any office filled by such officer.
κ1955 Statutes of Nevada, Page 498 (CHAPTER 310, AB 107)κ
(f) The word precinct, shall mean a district established by law within which qualified electors vote at one polling place.
(g) A political party is an organization of voters qualified to participate in a primary election in either of the two following ways:
First-Any organization of electors which, under a common name or designation at the last preceding November election, polled for any of its candidates equivalent to five percent of the total vote cast for representative in congress.
Second-Any organization of electors which, under a common name or designation, shall file a petition, signed by qualified electors equal in number to at least five percent of the entire vote cast at the last preceding November election for representative in congress declaring that they represent a political party or principle, the name of which shall be stated, and that they desire to participate and nominate officers by primary. The petition may also contain the platform of the party and shall be filed at least sixty days prior to the day of the primary. The names of the electors so petitioning need not all be on one petition, but may be in one or more petitions; but each petition shall be verified by at least one signer thereof to the effect that the signers are qualified electors of the state according to his best information and belief.
(h) This statute shall be liberally construed to the end that minority groups and parties shall have an opportunity to participate in the elections and 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 to either the giving of any notice or the conducting of the primary election or certifying the results thereof.
Sec. 2. Section 3 of the above-entitled act, being section 2406, N.C.L. 1929, is hereby amended to read as follows:
Section 3. The September primary election shall be held in each precinct on the first Tuesday in September for the nomination of all party candidates to be voted for at the ensuing November election.
Sec. 3. Section 4 of the above-entitled act, being section 2407, N.C.L. 1929, as last amended by chapter 110, Statutes of Nevada 1945, at page 173, is hereby amended to read as follows:
Section 4. All judicial offices and all school offices are hereby designated as nonpartisan offices, and the names of candidates for nonpartisan offices shall appear alike on the ballots of each political party without any party designation or party name thereafter.
In any judicial district of this state having more than one district judge, each department thereof shall be a separate office for the purposes of nominating and electing the district judge thereof.
(1) At least eighty days before the time for holding the September primary election in 1956, and biennially thereafter, the secretary of state shall prepare and transmit to each county clerk a notice in writing designating the offices for which candidates are to be nominated at such primary election.
(2) Within ten days after receipt of such notice such county clerk shall publish so much thereof as may be applicable to his county, once in a newspaper published in such county.
Sec. 4. Section 5 of the above-entitled act, being section 2408, N.C.L.
κ1955 Statutes of Nevada, Page 499 (CHAPTER 310, AB 107)κ
N.C.L. 1929, as last amended by chapter 368, Statutes of Nevada 1953, at page 702, is hereby amended to read as follows:
Section 5. The name of no candidate shall be printed on an official ballot to be used at a primary election unless he shall qualify by filing a declaration of candidacy, or by an acceptance of a nomination and by paying a fee as provided in this act.
(a) Every candidate for nomination for any elective office not less than fifty days prior to the primary shall file a declaration or acceptance of candidacy in substantially the following form:
Nomination paper of for the office of
|
State of Nevada,
County of................................. |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for nomination by the party as its candidate for the office of , I, the undersigned , do solemnly swear (or affirm) that I reside at No. , . street, in the city (or town) of , county of ., State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the . party; that I have not reregistered and changed the designation of my political party affiliation on an official registration card since the last general election; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state; that if nominated as a candidate of the . party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in the campaigns and elections in this state; and that I will qualify for the office if elected thereto.
............................................................. (Signature of candidate for office.)
Subscribed and sworn to before me this .day of , 19
................................................... notary public (or other officer authorized to administer an oath).
Provided, that no candidate for a judicial office or a school office shall certify as to his party affiliations, and the names of such candidate shall be printed on the ballots of all parties under the heading of nonpartisan candidates for the respective offices.
(b) Ten or more qualified electors may, not more than eighty nor less than fifty-five days prior to the September primary, file a designation of nomination designating any qualified elector as a candidate for the nomination for any elective office. When such designation shall have been filed, it shall be the duty of the officer in whose office it is filed to notify the elector named in such designation thereof. If the elector named in the designation shall, not less than fifty days prior to the primary, file an acceptance of such nomination and pay the required fee, he shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy.
κ1955 Statutes of Nevada, Page 500 (CHAPTER 310, AB 107)κ
fee, he shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy. If any such designation of nomination shall relate to a judicial or school office it may be signed by electors of any or all parties, but if it shall relate to any other office, the signers shall all be of the same political party as the candidate so designated. The acceptance shall be in a form similar to that used by a candidate who files a declaration of candidacy.
(c) If the last day limited for filing any paper mentioned in this section, for the nomination of candidates for district offices voted for wholly within one county, state senators, assemblymen, county and township officers, shall fall on a Saturday or Sunday, then the period so limited shall expire on such Saturday at 12 oclock noon, notwithstanding anything in this section to the contrary.
(d) If the last day limited for filing any paper mentioned in this section for the nomination of candidates for United States Senator, Representative in Congress, state offices, and all offices whose districts comprise more than one county, shall fall on Saturday or Sunday, then the period so limited shall expire on the preceding Friday at 5 oclock p. m., notwithstanding anything in this section to the contrary.
Sec. 5 Section 10 of the above-entitled act, being section 2413, N.C.L. 1929, as amended by chapter 110, Statutes of Nevada 1945, at page 174, is hereby amended to read as follows:
Section 10. At least thirty days before any September primary election preceding a November election the secretary of state shall transmit to each county clerk of any county a certified list containing the names and post-office address of each person for whom nomination papers have been filed in the office of the secretary of state, and who is entitled to be voted for in such county at such primary election, together with a designation of the office for which such person is a candidate and of the party or principles he represents; provided, that there shall be no party designation for candidates for judicial or school offices.
Sec. 6. Section 11 of the above-entitled act, being section 2414, N.C.L. 1929, as last amended by chapter 130, Statutes of Nevada 1953, at page 140, is hereby amended to read as follows:
Section 11. Immediately upon receipt by the county clerk of the certified list of nominees from the secretary of state, as provided in the preceding section, the county clerk shall forthwith publish a notice of primary election, which notice shall be, in substance, as follows:
Notice is hereby given that on the first Tuesday, the day of September next, party primaries of the parties will be held for nomination of party candidates of [said] the parties for the following offices: (Naming the offices.) At the same time and in the same primary nominations will be made of nonpartisan, judicial and school officers as follows: (Naming the offices.) The polls will open at 8 a. m. and continue open until 6 p. m. of the same day. The polling place (or places) is (description and location of polling place).
....................................................... County Clerk.
The foregoing notice shall name only the political parties in which there is a contest for nomination, and shall designate only the polling place for the respective precincts; provided, that in towns or cities which have more than one polling place the notice shall show the location of each.
κ1955 Statutes of Nevada, Page 501 (CHAPTER 310, AB 107)κ
there is a contest for nomination, and shall designate only the polling place for the respective precincts; provided, that in towns or cities which have more than one polling place the notice shall show the location of each.
The county clerk shall forward to each registry agent within the county three written or printed notices for each precinct or voting district, and it shall be the duty of the respective registry agents to whom such notices shall be delivered to post the same in three of the most public places in each precinct or voting district, outside of incorporated cities, at least fifteen days prior to the date of the primary.
The county clerk shall cause a notice in similar form and substance to be published in a newspaper of general circulation, published in the county, once a week for two successive weeks prior to the primary, being two publications in all.
Sec. 7. Section 13 of the above-entitled act, being section 2416, N.C.L. 1929, as last amended by chapter 130, Statutes of Nevada 1953, at page 141, is hereby amended to read as follows:
Section 13. Not less than twenty-one days before the September primary each county clerk shall prepare sample ballots for such primary, which sample ballots shall be the same size as the official ballot and exact copies thereof. Such sample ballots shall be conspicuously marked with the words Sample Ballot.
Such county clerk shall forthwith mail five copies of the sample ballot to each candidate who has filed with him a declaration or acceptance of candidacy and one copy to each candidate whose name has been certified to him by the secretary of state, to the post-office address as given in such declaration, acceptance, or certification, and shall post a copy of such sample ballot in a conspicuous place in his office, and shall mail to each registry agent, for distribution, one sample ballot for every four registered voters in such precinct.
On the fifteenth day before any primary the county clerk shall correct any errors or omissions in the official ballot and shall cause the same to be printed as provided in this act, and shall cause the same to be furnished to the various precinct election officers in the manner provided by law for the distribution of ballots for the November election; provided, that the number of ballots furnished to each precinct shall be for each political party a number in the proportion of one hundred and ten ballots for each one hundred electors registered in such party; and the same ratio of nonpartisan ballots for electors who have registered for the primary without designating any party affiliation; and provided further, that he shall furnish to each precinct for each party and the nonpartisan voters a number of ballots greater by five than the number of voters registered in each class in the precinct. He shall also furnish sample ballots of each class, equal in number to one-fourth of the official ballots.
Sec. 8. Section 14 of the above-entitled act, being section 2417, N.C.L. 1929, as last amended by chapter 300, Statutes of Nevada 1953, at page 486, is hereby amended to read as follows:
Section 14. On or before the first Monday in July of each year in which a primary election is to be held, the county central committee of each political party for each county shall nominate to the board of county commissioners of such county three qualified electors in and for each precinct in the county to act as officers of the primary election in such precinct, and the board of county commissioners from such nominees for each precinct shall select the officers of the primary election for such precinct in the same manner and number as now provided by law for the election of officers of general elections, giving to each party, as near as may be, equal representation.
κ1955 Statutes of Nevada, Page 502 (CHAPTER 310, AB 107)κ
which a primary election is to be held, the county central committee of each political party for each county shall nominate to the board of county commissioners of such county three qualified electors in and for each precinct in the county to act as officers of the primary election in such precinct, and the board of county commissioners from such nominees for each precinct shall select the officers of the primary election for such precinct in the same manner and number as now provided by law for the election of officers of general elections, giving to each party, as near as may be, equal representation. The officers of the primary election shall perform all the duties at the primary election now prescribed by law for the officers of election at general elections, and they shall receive therefor the same compensation from the county. It shall be the duty of the proper county officers to furnish certified copies of the official register, together with the check lists of each election precinct, to one of the inspectors of the primary election as now provided by law for general elections.
Sec. 9. Section 23 of the above-entitled act, being section 2426, N.C.L. 1929, as last amended by chapter 300, Statutes of Nevada 1953, at page 487, is hereby amended to read as follows:
Section 23. (a) On dates set by the respective state central committees, but if no earlier date be set then on the second Tuesday in April, in each year in which a general election is to be held, a county convention of each political party shall be held at the county seat of each county in the state. The county central committee of each political party shall cause notice of the holding of such county convention of its party to be published in one or more newspapers, if any, published in such county, which notice shall be in substantially the following form:
(Form of Notice)
Notice of (name of party) County Convention
Notice is hereby given that the county convention of the party for county will be held at . in the county seat of said county, at 11 oclock a. m., on the day of , 19 , that at said convention delegates to the state convention will be elected, a county central committee to serve for the ensuing two years will be chosen, and other party affairs may be considered; that delegates to such county conventions shall be chosen at (name of party) mass meetings to be held in each voting precinct in the county on or before the day of , 19 ; and that each of said voting precincts is entitled to the number of delegates specified below after the name of such precinct, as follows:
Name of precinct Number of delegates
............................................................... to ...........................................................
............................................................... to ...........................................................
............... (name of party) ...................... county central committee of .............................. county, Nevada.
By ....................................................................... (its chairman).
And .................................................................... (its secretary).
κ1955 Statutes of Nevada, Page 503 (CHAPTER 310, AB 107)κ
The number of delegates from each voting precinct in each county to the county convention of any political party for such county shall be in proportion to the number of votes cast within such precinct for the partys candidate for congressman at the then next preceding November election as follows:
(Counties casting under 400 votes.) In counties in which the total vote cast at such preceding November election for such partys candidate for congressman shall not have exceeded four hundred, each precinct shall have one delegate for each five votes, or major fraction thereof, so cast within such precinct;
(Counties casting 400-600 votes.) In counties in which such total vote so cast shall have exceeded four hundred but shall not have exceeded six hundred, each precinct shall have one delegate for each eight votes, or a major fraction thereof, so cast within such precinct;
(Counties casting 600-800 votes.) In counties in which such total vote so cast shall have exceeded six hundred but shall not have exceeded eight hundred, each precinct shall have one delegate for each ten votes, or major fraction thereof, so cast within such precinct;
(Counties casting 800-1400 votes.) In counties in which such total vote so cast shall have exceeded eight hundred but shall not have exceeded fourteen hundred, each precinct shall have one delegate for each fifteen votes, or major fraction thereof, so cast within such precinct;
(Counties casting 1400-2000 votes.) In counties in which such total vote so cast shall have exceeded fourteen hundred but shall not have exceeded two thousand, each precinct therein shall have one delegate for each twenty votes, or major fraction thereof, so cast within such precinct;
(Counties casting 2000-3000 votes.) In counties in which such total vote so cast shall have exceeded two thousand but shall not have exceeded three thousand, each precinct therein shall have one delegate for each thirty votes, or major fraction thereof, so cast within such precinct;
(Counties casting 3000-4000 votes.) In counties in which such total vote so cast shall have exceeded three thousand but shall not have exceeded four thousand, each precinct therein shall have one delegate for each thirty-five votes, or major fraction thereof, so cast within such precinct;
(Counties casting over 4000 votes.) In counties in which such total vote so cast shall have exceeded four thousand, each precinct therein shall have one delegate for each fifty votes, or major fraction thereof, so cast within such precinct;
Provided, that in all counties every precinct shall be entitled to at least one delegate to each county convention.
(b) The county central committee of each political party in each county shall cause a mass meeting of the qualified electors of the party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held in such precinct on or before the fifth day preceding the dates set by the respective state central committees of such year, or if no earlier date be set then on or before the fifth day before the second Tuesday in April, and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least five days prior to the day of such meeting.
κ1955 Statutes of Nevada, Page 504 (CHAPTER 310, AB 107)κ
state central committees of such year, or if no earlier date be set then on or before the fifth day before the second Tuesday in April, and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least five days prior to the day of such meeting. The notice shall specify the number of delegates to the county convention to be chosen at such meeting and shall be published in one or more newspapers, if any there be, published in the precinct; and the county central committee shall cause such further notice of such meeting to be given as the conditions existing in the precinct may reasonably require.
(c) At the time and place appointed therefor, such mass meeting shall be convened and organized in each precinct, and at such meeting the delegates to which the members of the party residing in such precinct shall be entitled in the partys county convention shall be elected by ballot, and the result of such election shall be certified to the county convention of the party by the chairman and secretary of said meeting; provided, that if any precinct shall fail to elect delegates to any partys county convention, the county central committees then in office may fill the vacancies from qualified members of the party in such precinct, and the secretaries of such county central committee shall certify the same to the county convention.
(d) At a time and date set by the respective state central committees in the year, or if no earlier date be fixed then on the second Tuesday in April, the delegates so elected to each party county convention shall convene at the place in the county seat designated by the partys county central committee and there organize, elect the delegates to which the qualified electors of the party residing in the county are entitled in the state convention of the party, and also elect the members of the county central committee of their party for the ensuing term; and they may also adopt a county platform and take such other action, consistent with the provisions of this act, pertaining to the affairs of their party in such county as they may deem proper. The chairman and secretary of each county convention shall certify to the state convention the result of the election by the county convention of delegates to the state convention.
(e) The county central committee of a political party to be elected by the county convention of such party shall consist of such number of members as may be determined by the convention, but each voting precinct, entitled to one or more delegates in the convention, shall have at least one committeeman, and no precinct shall have more than three.
(f) The number of delegates to the state convention of each party which shall be chosen at each county convention of such party shall be one delegate for each one hundred votes and major fraction thereof cast in said county for the partys candidate for member of congress at the then next preceding November election; provided, that each county shall be entitled to at least one delegate.
(g) If any political party shall have had no candidate for congressman at the November election next preceding the selection of delegates to a county or state convention of such party, the number of delegates to which each precinct shall be entitled to a county convention and the number of delegates to which each county shall be entitled at a state convention shall be in the proportions above set forth to the vote cast at such next preceding November election, for the partys candidate, if any, for the office of United States senator.
κ1955 Statutes of Nevada, Page 505 (CHAPTER 310, AB 107)κ
to which each precinct shall be entitled to a county convention and the number of delegates to which each county shall be entitled at a state convention shall be in the proportions above set forth to the vote cast at such next preceding November election, for the partys candidate, if any, for the office of United States senator. If such party shall have had no candidate at such election for the office of United States senator, then the number of such delegates shall be in proportions above set forth to the average vote cast at such election for all the partys candidates for state offices, excluding the vote for candidates who shall have had no opposition.
Sec. 10. Section 24 of the above-entitled act, being section 2427, N.C.L. 1929, as last amended by chapter 300, Statutes of Nevada 1953, at page 490, is hereby amended to read as follows:
Section 24. (State conventions.) (a) Each year in which the general state election is to be held, the delegates elected to the state convention of each political party by the several county conventions of such party shall convene on such respective dates as the state central committees of the parties shall designate, or if an earlier date is not designated then on the second Tuesday in May at the state capitol, or at such other place in the state as the state central committee of such party shall designate, and there organize, adopt state party platform, elect state central committee for such party for the ensuing term and the chairman thereof.
(b) The state central committee of each political party shall consist of as many qualified electors affiliated with such party as may be determined by the state convention of such party, but there shall be at least one member from each county in the state.
(c) Except as otherwise prescribed in this act the state and county party conventions may each adopt its own rules, and each shall be the judge of the election of its own delegates. In case of the inability of a delegate to personally attend a state or county convention he may be represented and act by a proxy, duly appointed, but no person shall be entitled to act either as a delegate or as a proxy at any convention unless he be a duly qualified elector of the county or precinct that he seeks to represent.
(d) The state and county central committeemen shall serve for two years and until their successors shall have been elected. Any vacancy in any such committee, or in the offices thereof (including the office of chairman) arising from death, resignation, or other cause, shall be filled by the remaining members of the committee. Each such committee may elect from its membership an executive committee and shall, except as otherwise herein provided, choose its officers by ballot. Each such committee and its officers shall have general charge of the affairs of the party in the state or county, as the case may be, and have the powers usually exercised by such committees and officers thereof, subject to the provisions of this act. The several state and county committees and the officers thereof now in existence shall exercise the powers and the duties herein prescribed until their successors shall be chosen in accordance with the provisions of this act.
Sec. 11. Section 24 1/2 of the above-entitled act, being section 2427.01, 1929 N.C.L.
κ1955 Statutes of Nevada, Page 506 (CHAPTER 310, AB 107)κ
2427.01, 1929 N.C.L. 1941 Supp., as last amended by chapter 300, Statutes of Nevada 1953, at page 490, is hereby amended to read as follows:
Section 24 1/2. In presidential election years, on the call of a national party convention, but one set of party conventions and but one state convention shall be held on such respective dates and places as the state central committee of the party shall designate; provided, that if no earlier dates be fixed, the state convention shall be held 30 days prior to the date set for the national convention and the county conventions shall be held 60 days prior to the day set for the national convention. Delegates to such conventions shall be selected in the same manner as prescribed in sections 23 and 24 of this act, except as to time, and each convention shall have and exercise all of the power granted it under the aforesaid sections 23 and 24. In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party, and, if consistent with the rules and regulations of the party, shall select the national committeeman and committeewoman of the party from the State of Nevada.
________
Assembly Bill No. 110Mr. Embry
CHAPTER 311
AN ACT to amend an act entitled An Act to create a board of chiropractic examiners and to regulate the practice of chiropractic and chiropractic-physiotherapy and to provide penalties for the violation of this act and to prohibit the practice of any other mode or system under the name of chiropractic, approved February 19, 1923.
[Approved March 28, 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 1084, N.C.L. 1929, as last amended by chapter 178, Statutes of Nevada 1951, at page 258, is hereby amended to read as follows:
Section 5. Chiropractic is defined to be the science, art and practice of palpating and adjusting the articulations of the human body by hand, the use of physiotherapy, hygienic, nutritive and sanitary measures and all methods of diagnosis; provided, however, that in such diagnosis no piercing or severing of body tissues shall be permitted, save and except for the drawing of blood for diagnostic purposes only.
Nothing in this act shall be construed to permit a chiropractor to practice medicine, surgery, obstetrics, osteopathy, dentistry, optometry or chiropody.
Sec. 2. Section 7 of the above-entitled act, being section 1086, N.C.L. 1929, as last amended by chapter 178, Statutes of Nevada 1951, at page 258, is hereby amended to read as follows:
Section 7. All applicants for a license to practice chiropractic in Nevada shall be examined semiannually by the board of examiners, as hereinafter provided.
κ1955 Statutes of Nevada, Page 507 (CHAPTER 311, AB 110)κ
hereinafter provided. Such examinations shall be held commencing on the 2d Monday of March and on the 2d Monday of September of each year at such place or places within the State of Nevada as may be fixed by the board.
An applicant for examination in March of any year shall file an application prior to the fifteenth day of February of such year. An applicant for examination in September of any year shall file an application prior to the fifteenth day of August of such year. Applications shall be filed in triplicate with the secretary of said board of examiners, on forms to be furnished by the secretary. Said applications shall be verified, and shall state the following:
(a) When and where the applicant was born, the various places of his residence, and give at least two references in each place in which he has resided since attaining the age of 21 years.
(b) The name, age, sex, and place of residence of the applicant.
(c) The names and post-office addresses of all persons by whom such applicant has been employed for a period of five years immediately preceding the making of such application.
(d) Whether or not the applicant has ever applied for a license to practice chiropractic in any other state. If so, when and where and the results thereof.
(e) If a naturalized citizen, and when and where naturalized.
(f) How long the applicant has resided in the State of Nevada, whether the applicant is a bona fide resident of Nevada, or whether he came to Nevada for the sole purpose of being admitted to the practice of chiropractic.
(g) Whether or not the applicant has ever been admitted to the practice of chiropractic in any other state. If so, and he has been licensed to practice chiropractic in another state, he shall state whether any discharge, dismissal, disciplinary or other proceedings of a like nature have ever been instituted against him. Such applicant shall also attach a certificate of the secretary of the board of chiropractic examiners of the state in which applicant was last licensed, certifying that the applicant is a member in good standing of the chiropractic profession in that state, and that no proceedings affecting his standing as a chiropractor are pending and undisposed of.
(h) The applicants general and chiropractic education, including the schools attended and the time of attendance at each school, and whether or not he is a graduate of any school or schools.
The applicant must, in addition to the above requirements, furnish satisfactory evidence to the board that he possesses a high school education and is a graduate from a recognized college of chiropractic whose minimum course leading to the degree of doctor of chiropractic consists of not less than 4,000 hours and embracing the following subjects: anatomy, histology, elementary chemistry and toxicology, physiology, bacteriology and pathology, hygiene and sanitation, diagnosis and chiropractic analysis, chiropractic theory and practice, and obstetrics and gynecology.
Any person of good moral character, licensed by a chiropractic board of any other state or territory where qualifications required are equal to or higher than those required in this act at the date of application may be licensed without examination upon the payment of the fee hereinafter provided; provided, that such foreign state or territory may similarly license without examination an applicant of good moral character licensed by the chiropractic board of the State of Nevada.
κ1955 Statutes of Nevada, Page 508 (CHAPTER 311, AB 110)κ
to or higher than those required in this act at the date of application may be licensed without examination upon the payment of the fee hereinafter provided; provided, that such foreign state or territory may similarly license without examination an applicant of good moral character licensed by the chiropractic board of the State of Nevada. Further, any person of good moral character who holds a certificate from the national board of chiropractic examiners may be licensed without examination upon the payment of the fee hereinafter provided.
All applicants for a license to practice chiropractic in the State of Nevada who have not previously been admitted to practice in any other state shall pay to the secretary of the board of examiners the sum of fifty ($50) dollars before being entitled to have their applications considered. Applicants who have been previously licensed to practice chiropractic in any other state shall pay to the secretary of the board of examiners the sum of seventy-five ($75) dollars before being entitled to have their applications further considered. In case the applicant fails the first examination he or she shall be entitled to take a second examination without further charges therefor.
Sec. 3. The above-entitled act, being chapter 23, Statutes of Nevada 1923, at page 20, also designated as sections 1080 to 1092, 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. A license to practice chiropractic shall authorize the holder thereof to use the term chiropractic physician.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 230Senators Black, Brown, Crumley, Emminger, Frank, Gallagher, Johnson, Orr, Lattin, Lemaire, Lovelock, Leutzinger, Seevers, Settelmeyer, Slattery, Whitacre and Wiley
CHAPTER 312
AN ACT creating the Senator McCarran memorial statue committee; stating the membership and powers and duties of the committee; providing for public meetings, the election of officers and duration of the committee; allowing the acceptance of contributions and creating a special fund; making an appropriation; and other matters properly relating thereto.
[Approved March 28, 1955]
Whereas, The late United States Senator Patrick A. McCarran, during his service in the United States Senate, was associated with the enactment of legislation having for its purpose the arresting at its source of the poisonous pollution of the Godless ideology of communism which was permeating the lifestream of this Nation; and
Whereas, In furtherance of the light against the enemies of the Republic, both within and without, he authored and caused to be enacted the Internal Security Act of 1950, known as the McCarran Act, and co-authored and guided the enactment of the Immigration Code of 1952, known as the McCarran-Walter Act, these acts being the two principal security laws of the United States; and
κ1955 Statutes of Nevada, Page 509 (CHAPTER 312, SB 230)κ
1952, known as the McCarran-Walter Act, these acts being the two principal security laws of the United States; and
Whereas, This most distinguished statesman and courageous patriot, during his 22 years of service in the United States Senate, brought great distinction and credit to his native state of Nevada and to the Nation at large and prior to such senatorial service he was instrumental in shaping the laws of this state as a member of the legislature, district attorney and supreme court justice; and
Whereas, Statuary Hall in the Capitol of the United States at Washington, D. C., was designated by the 38th session of Congress as a place for the states to honor their statesmen and leaders by the donations of statues, not to exceed two from each state; and
Whereas, The rules for admission of statues to Statuary Hall provide that the statues are to be a gift from the state, not from individuals or groups of citizens, that the statues must be in marble or bronze, and that the person commemorated must be illustrious for his historic renown or for distinguished civic or military service so that the state deems him worthy of national commemoration; and
Whereas, Nevada is one of the eight states that have not as yet honored any of their respected sons by contributing such a statue; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created the Senator McCarran memorial statue committee, which shall consist of the governor of this state, the president of the senate and the speaker of the assembly of the 47th session of the legislature, and four other citizens of the State of Nevada to be named by the three officials specified.
Sec. 2. The members of the committee shall serve until their successors are appointed or the purposes of this act are fulfilled. A vacancy in the regular membership created by death, resignation or any other cause shall be filled by election of the majority of the entire committee remaining.
Sec. 3. The committee shall hold its first meeting within a reasonable time after the passage and approval of this act and shall elect from its membership a chairman and a secretary-treasurer. Thereafter, the committee shall meet at such times and places as shall be specified by a call of the chairman or a majority of the committee. Four members of the committee shall constitute a quorum, and such quorum may exercise all the powers and authority conferred on the committee. All meetings of the committee shall be open to the public, and a complete record of all its proceedings shall be taken and preserved as a matter of public record.
Sec. 4. The members of the committee shall receive no compensation but shall be entitled to the per diem expense allowance and travel expenses as provided by law for attendance at committee meetings and other necessary official committee business.
Sec. 5. The primary purpose of the Senator McCarran memorial statue committee is to facilitate and make arrangements for the placement of a statue in Statuary Hall of the late Senator Patrick A.
κ1955 Statutes of Nevada, Page 510 (CHAPTER 312, SB 230)κ
statue committee is to facilitate and make arrangements for the placement of a statue in Statuary Hall of the late Senator Patrick A. McCarran. To fulfill the provisions of this act, the committee shall have the following powers and duties:
1. To investigate and determine the steps to be taken to enable this state to have placed in Statuary Hall in Washington, D. C., a marble or bronze statue of Senator Patrick A. McCarran.
2. To select a sculptor or sculptors to create or cast the statue and to hold deliberations and determine the type, size, material and cost of such a statue.
3. To direct the method of obtaining, furnishing and expending the funds necessary to effectuate the purposes of this act.
4. To contract for and employ a sculptor or sculptors to create or cast the statue, and to pay the necessary costs, such as, but not limited to, the fee of the sculptor, building and material expenses, cost of a pedestal or base, freight costs for transporting the statue to Washington, D. C., cost for temporary placement and erection of the statue in the Rotunda in the United States Capitol for unveiling ceremonies, cost for permanent placement and erection of the statue in Statuary Hall, cost of printing the announcements, invitations and programs for the unveiling ceremonies, and other incidental and necessary expenses which the committee may find it necessary to incur.
5. To determine whether or not unveiling ceremonies are desired and, if held, to arrange such exercises and appoint a presiding officer to take full charge of the presentation. If the committee decides to hold unveiling ceremonies, it shall take the necessary steps to be granted permission by concurrent resolution of the Congress of the United States and it shall consult with the congressional delegation from Nevada to introduce such a resolution.
6. To contact and consult with the Architect of the Capitol of the United States for any procedural information desired with regard to the contribution of the statue and to confer with the Joint Committee of Congress on the Library and Statues concerning the final determinations as to where the statue will permanently be located in the United States Capitol.
7. To receive contributions from any source whatever to cover the cost of erecting the statue and to deposit such contributions with the state treasurer to the credit of the Senator McCarran statue fund hereinafter created.
8. To report to the next ensuing session of the legislature of the State of Nevada on what action has been taken and what results have been achieved under the provisions of this act.
Sec. 6. This act shall remain in full force and effect until the objective intended and enunciated by the preamble and context of this act have been accomplished.
Sec. 7. To carry out the purposes and provisions of this act there is hereby created a fund in the state treasury to be known as the Senator McCarran statue fund, which fund shall consist of legislative appropriations, contributions and donations of any kind or nature whatsoever. State funds to apply to the necessary costs of procuring the statue shall be provided by direct appropriation of the legislature and there is hereby appropriated the sum of $500 out of any money in the state treasury not otherwise appropriated to the credit of the Senator McCarran statue fund and claims against this fund shall be paid out as other claims against the state are paid.
κ1955 Statutes of Nevada, Page 511 (CHAPTER 312, SB 230)κ
the statue shall be provided by direct appropriation of the legislature and there is hereby appropriated the sum of $500 out of any money in the state treasury not otherwise appropriated to the credit of the Senator McCarran statue fund and claims against this fund shall be paid out as other claims against the state are paid.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 257Senator Lattin
CHAPTER 313
AN ACT requiring the state board of health to issue permits to those selling or offering for sale fresh fluid milk or fresh fluid cream; requiring the applicant to comply with the regulations of the state board of health concerning the sanitation and grading of milk and milk products; prescribing the form of the application; requiring inspections and the issuance of permits; providing for the payment of expenses of the inspectors beyond the territorial limits of this state by the out-of-state applicant; providing for the denial, suspension or revocation of permits and the right to appeal; and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Permits Required. No person, firm, association or corporation shall sell or offer to sell fresh fluid milk or fresh fluid cream in the State of Nevada without obtaining a permit issued by the state board of health pursuant to its regulation governing the sanitation and grading of milk and milk products. No such permit shall be required from any person, firm, association or corporation who sells solely to a permittee or purchases solely from a permittee.
Sec. 2. Application for Permits. The application for the permit required by section 1 of this act shall be submitted in writing on such form as the state board of health shall prescribe, and shall include the name and address of the applicant, and, if a partnership, the names and addresses of all partners, and, if a corporation, association or other organization, the names and addresses of the president, vice president, secretary and managing officers; and it shall specify the name and location of the premises or business for which the license is sought, and shall contain such other information as may be reasonably required by the board.
Sec. 3. Inspection of Facilities. If it shall appear to the satisfaction of the state board of health that the applicant has complied with the regulations governing the sanitation and grading of milk and milk products, the board shall cause the dairy farms, milk plants and facilities of the applicant to be inspected as provided by such regulations.
Sec. 4. Issuance of Permit. If, after the application and inspection, it shall appear to the satisfaction of the state board of health that the applicant has fully complied with the regulations of the board governing the sanitation and grading of milk and milk products, the board shall issue a permit to the applicant.
κ1955 Statutes of Nevada, Page 512 (CHAPTER 313, SB 257)κ
board shall issue a permit to the applicant. The board shall keep a record of all applications for permits, and permits issued by it, which shall be a public record.
Sec. 5. Expenses of Inspections in Another State. Whenever any inspection of the dairy farms, milk plants or facilities of an applicant necessitates departing beyond the territorial limits of the State of Nevada, the applicant on whose behalf such inspection is to be made shall be required to pay the per diem expense allowance and travel expenses of the inspector or inspectors for the amount of their travel beyond the territorial limits of the State of Nevada in an amount equivalent to that paid other state officers performing similar duties. Prior to inspection outside the State of Nevada, the board shall estimate such expenses and the applicant shall deposit such an amount with the board. The expenses incurred in such inspection shall not be refunded.
Sec. 6. Periodic Inspections; Denial, Suspension or Revocation of License; Appeal.
1. The state board of health shall, in addition to the initial inspection of new applicants, direct a periodic inspection not less than annually of all facilities belonging to permittees in order to ascertain whether or not the services, facilities and equipment continue to comply with the regulations referred to in sections 1 and 4 of this act.
2. Whenever the board shall have reasonable grounds to believe that any applicant or permittee under this act is violating any of the provisions of this act, or any of the rules, regulations or specifications promulgated by the state board of health relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet such regulations or are not reliable or are questionable, or when the board determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the board is authorized and empowered, after a hearing, to refuse to grant a permit or suspend or revoke any or all permits previously issued.
3. The board shall cite the permittee, upon notice stating reasons and given not less than 10 days prior to the date set for the hearing, to appear and show cause, if any he has, why the permit should not be revoked or suspended. The permittee cited to appear and show cause shall have the right to file an answer, to appear and be heard in person and by counsel, and to present evidence at such hearing.
4. The board shall have the power to conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and to provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.
5. If, upon hearing, the board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the board shall have the power to revoke or suspend the permit summarily.
6. The findings of the board, the judgment or order shall be reduced to writing and filed in the permanent public records of the board.
κ1955 Statutes of Nevada, Page 513 (CHAPTER 313, SB 257)κ
board. The findings shall state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies shall be furnished to the applicant or permittee, and he may, within 30 days after the denial, suspension or revocation of the permit, file an appeal with the district court of the county wherein he resides or has, or intends to have, his principal place of business within this state. Upon the filing of the appeal, the enforcement of the boards order shall be stayed pending final disposition of the appeal. If the order be affirmed, it shall become final and conclusive and the stay of enforcement shall be automatically vacated.
7. In any case where the board refuses to issue a permit, or suspends or revokes a permit, the applicant or accused shall have the right to submit another application for the consideration of the board.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 500Committee on Ways and Means
CHAPTER 314
AN ACT appropriating the sum of $7,000 for the installation of sidewalks and sprinkler system and landscaping at the state office building in Las Vegas, Nevada, by the state department of buildings and grounds for the period from the effective date of this act to June 30, 1957; and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the period from the effective date of this act to June 30, 1957, there is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of $7,000 for the state department of buildings and grounds for installation of sidewalks, sprinkler system and landscaping on and around the grounds of the state office building in Las Vegas, Nevada. The money herein appropriated shall be paid out on claims as other claims against the state are paid.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 514κ
Assembly Bill No. 498Committee on Ways and Means
CHAPTER 315
AN ACT authorizing expenditures by various departments, boards, commissions, and agencies of the state government for the two fiscal years beginning on July 1, 1955, and ending on June 30, 1957, and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund is hereby authorized during the two fiscal years beginning on July 1, 1955, and ending on June 30, 1957, by the various departments, boards, commissions, and agencies of the state government hereinafter mentioned.
Sec. 2. State Department of Agriculture-Sheep Inspection. The sum of $25,675 is authorized to be expended by the state department of agriculture for sheep inspection.
Sec. 3. State Department of Agriculture-Predatory Animal Control. The sum of $124,625 is authorized to be expended by the state department of agriculture for predatory animal control.
Sec. 4. State Department of Agriculture-Fertilizer Control. The sum of $2,201 is authorized to be expended by the state department of agriculture for fertilizer control.
Sec. 5. State Department of Agriculture-Stock Inspection. The sum of $127,566 is authorized to be expended by the state department of agriculture for stock inspection.
Sec. 6. State Department of Agriculture-Apiary Inspection. The sum of $3,338 is authorized to be expended by the state department of agriculture for apiary inspection.
Sec. 7. Superintendent of Banks-Regulation of Building and Loan Associations and Companies. The sum of $1,150 is authorized to be expended by the superintendent of banks for the regulation of building and loan associations and companies.
Sec. 8. Superintendent of Banks-Regulation of Small Loan Business. The sum of $1,090 is authorized to be expended by the superintendent of banks for the regulation of small loan business.
Sec. 9. State Board of Fish and Game Commissioners. The sum of $2,259,365 is authorized to be expended by the state board of fish and game commissioners.
Sec. 10. Public Employees Retirement System-Administration. The sum of $104,917 is authorized to be expended for the administration of the public employees retirement system.
Sec. 11. Superintendent of State Printing and State Printing Office. The sum of $398,624 is authorized to be expended by the superintendent of state printing for the operation of the state printing office.
Sec. 12. Department of Education-Division of Indian Education. The sum of $340,000 is authorized to be expended by the division of Indian education of the department of education.
κ1955 Statutes of Nevada, Page 515 (CHAPTER 315, AB 498)κ
Sec. 13. Department of Purchasing-Administration. The sum of $74,490 is authorized to be expended for the administration of the department of purchasing.
Sec. 14. Department of Purchasing-Surplus Property Division. The sum of $71,610 is authorized to be expended by the surplus property division of the department of purchasing.
Sec. 15. State Board of Accountancy. The sum of $1,890 is authorized to be expended by the state board of accountancy.
Sec. 16. State Board of Architecture. The sum of $3,295 is authorized to be expended by the state board of architecture.
Sec. 17. Nevada Athletic Commission. The sum of $2,079 is authorized to be expended by the Nevada athletic commission.
Sec. 18. State Barbers Health and Sanitation Board. The sum of $6,848 is authorized to be expended by the state barbers health and sanitation board.
Sec. 19. State Board of Examiners in the Basic Sciences. The sum of $2,400 is authorized to be expended by the state board of examiners in the basic sciences.
Sec. 20. State Board of Chiropody. The sum of $125 is authorized to be expended by the state board of chiropody.
Sec. 21. Nevada State Board of Chiropractic Examiners. The sum of $12,705 is authorized to be expended by the Nevada state board of chiropractic examiners.
Sec. 22. State Contractors Board. The sum of $78,703 is authorized to be expended by the state contractors board.
Sec. 23. State Board of Cosmetology. The sum of $8,762 is authorized to be expended by the state board of cosmetology.
Sec. 24. Board of Dental Examiners of Nevada The sum of $5,480 is authorized to be expended by the board of dental examiners of Nevada.
Sec. 25. State Board of Embalmers. The sum of $850 is authorized to be expended by the state board of embalmers.
Sec. 26. State Board of Registered Professional Engineers. The sum of $17,385 is authorized to be expended by the state board of registered professional engineers.
Sec. 27. Hoisting Engineers Examining Boards. The sum of $1,132 is authorized to be expended by the hoisting engineers examining boards.
Sec. 28. Board of Medical Examiners of the State of Nevada. The sum of $20,866 is authorized to be expended by the board of medical examiners of the State of Nevada.
Sec. 29. State Board of Nurse Examiners. The sum of $8,680 is authorized to be expended by the state board of nurse examiners.
Sec. 30. Board of Dispensing Opticians. The sum of $428 is authorized to be expended by the board of dispensing opticians.
Sec. 31. Nevada State Board of Examiners in Optometry. The sum of $281 is authorized to be expended by the Nevada state board of examiners in optometry.
Sec. 32. State Board of Osteopathy. The sum of $450 is authorized to be expended by the state board of osteopathy.
κ1955 Statutes of Nevada, Page 516 (CHAPTER 315, AB 498)κ
Sec. 33. State Board of Pharmacy. The sum of $27,215 is authorized to be expended by the state board of pharmacy.
Sec. 34. Nevada Racing Commission. The sum of $1,118 is authorized to be expended by the Nevada racing commission.
Sec. 35. Nevada Real Estate Commission. The sum of $20,050 is authorized to be expended by the Nevada real estate commission.
Sec. 36. State Board of Veterinary Medical Examiners. The sum of $83 is authorized to be expended by the state board of veterinary medical examiners.
Sec. 37. Colorado River Commission. The sum of $8,939,258 is authorized to be expended by the Colorado River Commission for salaries, travel, operating expenses, equipment and power. The sum of $52,000 is authorized to be expended from the legal intervention fund. The sum of $54,600 is authorized to be expended from the engineering intervention fund.
Sec. 38. Nevada Oil and Gas Conservation Commission. The sum of $1,400 is authorized to be expended by the Nevada oil and gas conservation commission.
Sec. 39. State Department of Personnel. The sum of $107,915 is authorized to be expended by the state department of personnel.
Sec. 40. Nevada Liquefied Petroleum Gas Board. The sum of $3,843 is authorized to be expended by the Nevada liquefied petroleum gas board.
Sec. 41. Nevada Detective Licensing Board. The sum of $1,200 is authorized to be expended by the Nevada detective licensing board.
Sec. 42. Employment Security Department-Administration. The sum of $1,444,809 is authorized to be expended for the administration of the employment security department, and in addition the employment security department is authorized to expend such sums of money as are necessary, within the purview of the unemployment compensation law, for the payment of benefits, and is authorized to act as disbursing agent for the Federal Government in the veterans readjustment assistance program, as specifically provided by agreement with the Federal Government, and in any other necessary programs arranged by agreements authorized in the employment security administration law provisions pertaining to agreements with other agencies. In addition to the sums above mentioned, all moneys paid into the unemployment compensation administration fund from federal grants in aid and all other sources and paid into or deposited in the employment security fund are hereby appropriated to and made available to the executive director of the employment security department to be expended and disbursed in accordance with the provisions of sections 44 and 45 of this act.
Sec. 43. Department of Highways. The sum of $35,134,120 is authorized to be expended by the department of highways, and augmentation of the state highway fund shall be provided on request to the board of directors of the state highway department. The provisions of sections 44 and 45 of this act shall not apply to the department of highways.
Sec. 44. The funds authorized to be expended by this act shall be expended in accordance with the allotment, transfer, work program, and budget provisions of the state budget act.
κ1955 Statutes of Nevada, Page 517 (CHAPTER 315, AB 498)κ
expended in accordance with the allotment, transfer, work program, and budget provisions of the state budget act.
Sec. 45. The director of the budget may authorize the augmentation of the amount authorized herein for expenditure by a given department, board, commission, or agency in the amount of any funds which he estimates will be received by the department, board, commission, or agency from any other state agency, from any agency of local government or of the Federal Government, from any appropriation made by the legislature, or from any other source which he determines has not been taken into consideration by this act, or is in excess of the amount so taken into consideration. The director of the budget may also reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized herein.
________
Assembly Bill No. 495Committee on Ways and Means
CHAPTER 316
AN ACT to amend an act entitled An Act providing for salaries of elective state officers; providing for salaries, compensation and employment of other officers and employees in the various state offices, departments, boards, commissions and agencies of the State of Nevada; repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 27, 1953.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 39 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 469, is hereby amended to read as follows:
Section 39. Assistant State Forester Firewarden. The assistant state forester firewarden shall receive an annual salary of $6,300.
Sec. 2. This act shall become effective on July 1, 1955.
________
κ1955 Statutes of Nevada, Page 518κ
Assembly Bill No. 369Joint Committee of Labor and Judiciary
CHAPTER 317
AN ACT to amend an act entitled An Act relating to the administration of the Nevada unemployment compensation division and the Nevada state employment service, and providing for the administration of the unemployment compensation law; creating the employment security department, the employment security council, the office of executive director and a board of review, and providing for other officers and employees; transferring certain funds, records, equipment, and employees to the employment security department; creating a merit examination board and providing for a merit system of personnel administration within the department; defining the powers and duties of all officers, commissions, boards and employees of said department; repealing sections 10, 11, 12, and 18 of the unemployment compensation law; and other matters relating thereto, approved March 20, 1941.
[Approved March 28, 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 2825.25c, 1929 N.C.L. 1941 Supp., as amended by chapter 82, Statutes of Nevada 1945, at page 119 is hereby amended to read as follows:
Section 4. (a) Duties and Powers of Executive Director. It shall be the duty of the executive director to administer the Nevada unemployment compensation law as the same now exists or as it may hereafter be amended; and he shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ, in accordance with the provisions of this act, such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication in the manner, not inconsistent with the provisions of this act, which the executive director shall prescribe. The executive director shall determine his own organization and methods of procedure in accordance with the provisions of this act and shall have an official seal which shall be judicially noticed. Not later than the first day of December 1956, and of every second year thereafter, the executive director shall submit to the governor a report covering the administration and operation of this act during the preceding biennium and shall make such recommendations for amendments to this act as he deems proper. Such reports shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserves shall be set up by the executive director in accordance with accepted actuarial principles on the basis of statistics or employment business activity and other relevant factors for the longest possible period.
(b) (1) Regulations and General and Special Rules. General and special rules may be adopted, amended, or rescinded by the executive director only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten days after filing with the secretary of state and publication in one or more newspapers of general circulation in this state.
κ1955 Statutes of Nevada, Page 519 (CHAPTER 317, AB 369)κ
effective ten days after filing with the secretary of state and publication in one or more newspapers of general circulation in this state. Special rules shall become effective ten days after notification to or mailing to the last-known address of the individuals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the executive director and shall become effective in the manner and at the time prescribed by the executive director.
(2) Administrative Determinations. The executive director may, upon his own motion or upon application of an employing unit, and after notice and opportunity for hearing, make findings of fact and on the basis thereof, determinations with respect to whether an employing unit constitutes an employer and whether services performed for, or in connection with the business of an employing unit constitute employment for such employing unit. Appeal from any such determination may be taken to the district court in and for Ormsby County, or to the district court of the county wherein the central office of the department may be located, within fifteen days after the mailing or delivery of notice of such findings and determination to the employing unit. If supported by substantial evidence and in the absence of fraud, a determination of the executive director, in the absence of an appeal, shall be conclusive as to all matters except as to errors of law, except as hereinafter provided, and, together with the record, shall be admissible in any subsequent judicial proceeding involving liability for contributions. A determination of the executive director which has not been appealed, or of the district court on appeal, together with the record, may be introduced in any proceeding involving a claim for benefits, and shall be conclusive as to the facts and the determination, unless the claimant shall introduce substantial evidence controverting a material fact so found.
The executive director may likewise upon his own motion or upon application of an employer made within fifteen (15) days after notice of benefits charged to his experience rating record or of the establishment of his contribution rate, hold a hearing and make findings of fact, and on the basis thereof, determinations with respect to all matters pertinent to the establishment of a rate of contribution based upon experience; provided, however, no employer shall be permitted to contest under this subsection the chargeability of benefits based on a determination made pursuant to section 6 of the Nevada unemployment compensation law, except for the reason that services included in the determination were not performed for the employer or that there is error in the amount of wages included therein. Appeal from any such determination may be taken to the district court in and for Ormsby County, or to the district court of the county wherein the central office of the department may be located, within the same time and subject to the same conditions and effect as provided in the preceding paragraph.
(c) Publication. The executive director shall cause to be printed for distribution to the public, the text of this act and the unemployment compensation law, his regulations and general and special rules, his reports to the governor, and any other material he deems relevant and suitable and shall furnish the same to any person upon application therefor.
κ1955 Statutes of Nevada, Page 520 (CHAPTER 317, AB 369)κ
his reports to the governor, and any other material he deems relevant and suitable and shall furnish the same to any person upon application therefor.
(d) Personnel. Subject to the provisions of chapter 351, Statutes of Nevada 1953, the executive director shall select all personnel either from the first three candidates on the eligible lists as in this act provided, or from the highest rating candidate within a radius of sixty miles of the place in which the duties of the position will be performed. The executive director is authorized to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this act, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration. He may, in his discretion, bond any person handling moneys or signing checks thereunder. The executive director shall classify positions under this act and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions, and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
(e) (1) Records and Reports. Each employing unit shall keep true and accurate work records, containing such information as the executive director may prescribe. Such records shall be open to inspection and be subject to being copied by the executive director or his authorized representatives at any reasonable time and as often as may be necessary. The executive director, the board of review, or any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or the review board deems necessary for the effective administration of this act. The executive director may destroy any form, benefit determination or redetermination, employers status or contribution report, wage slip report, or letter of the unemployment compensation service or employment service at the expiration of five years after such record was originated or filed with such service; provided, that this section shall not apply to records pertaining to grants, accounts, or expenditures for administration, or to the records of the unemployment compensation administration fund.
(2) Disclosure of Information. Except as hereinafter otherwise provided, information obtained from any employing unit or individual pursuant to the administration of this act or the unemployment compensation law, and determination as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individuals or employing units identity. Any claimant (or his legal representative) shall be supplied with information from the records of the department, to the extent necessary for the proper presentation of his claim in any proceeding under this act or the unemployment compensation law with respect thereto.
κ1955 Statutes of Nevada, Page 521 (CHAPTER 317, AB 369)κ
with respect thereto. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, or the bureau of internal revenue of the United States department of the treasury, and information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipients rights to further benefits under the unemployment compensation law. The executive director may request the comptroller of the currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this act or of the unemployment compensation law, and may in connection with such request transmit any such report or return to the comptroller of the currency of the United States as provided in section 1606(c) of the federal internal revenue code. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of these provisions, makes any disclosure of information obtained from any employing unit or individual in the administration of this act, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this act, shall use or permit the use of such list for any political purpose, he shall be fined not less than $20 nor more than $200, or imprisoned for not longer than ninety days, or both.
(f) Oaths and Witnesses. In the discharge of the duties imposed by this act, the executive director, the chairman of an appeal tribunal created by the unemployment compensation law, the members of the board of review, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with an appealed claim or the administration of this act. Witness fees may be paid to such witnesses in the amounts provided by law for witnesses in a district court.
(g) Subpenas. In case of contumacy by, or refusal to obey a subpoena issued to any person, any district court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them shall have jurisdiction to issue to such person an order requiring such person to appear before the executive director, the board of review, an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof.
κ1955 Statutes of Nevada, Page 522 (CHAPTER 317, AB 369)κ
to issue to such person an order requiring such person to appear before the executive director, the board of review, an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpena of the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them, shall be punished by a fine of not less than $200 or by imprisonment for not longer than sixty days, or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense.
(h) Protection Against Self-Incrimination. No persons shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them, or in obedience to the subpena of any of them in any cause or proceeding before the executive director, the board of review, or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture, for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(i) State-Federal Cooperation. In the administration of this act the executive director shall cooperate to the fullest extent consistent with the provisions of this act, with the United States Department of Labor; shall make such reports, in such form and containing such information as the Department of Labor may from time to time require, and shall comply with such provisions as the Department of Labor may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the Department of Labor governing the expenditures of such sums as may be allotted and paid to this state by the Federal Government for the purpose of assisting in the administration of this act. The executive director is also authorized and directed to apply for an advance to the state unemployment fund and to accept such advance in accordance with the conditions specified in title XII of the social security act, as amended. Upon request of the executive director, the governor shall make application for advances to the State of Nevada in accordance with the provisions of Public Law 567, 83d Congress, Chap. 657, 2d Session.
Sec. 2. Section 5 of the above-entitled act, being section 2825.25d, 1929 N.C.L.
κ1955 Statutes of Nevada, Page 523 (CHAPTER 317, AB 369)κ
1929 N.C.L. 1941 Supp., as amended by chapter 82, Statutes of Nevada 1945, at page 124, is hereby amended to read as follows:
Section 5. Selection of Personnel. For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the state department of personnel, in conformity with such rules, regulations, and classification and compensation plans relating to the selection of personnel as may from time to time be adopted or prescribed by the executive director for the employment security department.
Sec. 3. Section 6 of the above-entitled act, being section 2825.25e, as amended by chapter 157, Statutes of Nevada 1951, at page 228, is hereby amended to read as follows:
Section 6. (a) Employment Security Council. To assure an impartial development of administrative policies within the department, there is hereby created the Nevada employment security council. The council shall consist of nine men and women. The members of the council shall be appointed by the governor and shall consist of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of such members representing the general public as the governor may designate. The executive director shall be an ex officio member of the council and shall be secretary thereof. The secretary shall receive no compensation for his services on the council, but shall be reimbursed for his necessary traveling and other expenses. The terms of office of the members of the council shall be four years each; provided, that the terms of four of the members first appointed shall be two years each. Regular meetings of the council shall be held twice in each calendar year. Special meetings, not to exceed six in number during any calendar year, may be held at the call of the chairman. The members of the council shall be paid at the rate of fifteen dollars ($15) per diem of actual service, and shall be reimbursed for their necessary expenses.
(b) Functions and Duties. The employment security council, standing in the place, and exercising the functions and duties, of a state advisory council shall aid the executive director in formulating policies and discussing problems related to the administration of this act and shall recommend to him such policies as will tend to assure impartiality and freedom from political influence in the solution of such problems. The council shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies. Whenever the council believes that a change in contribution or benefit rates will become necessary to protect the solvency of the unemployment compensation fund, it shall promptly so inform the executive director and make recommendations with respect thereto.
κ1955 Statutes of Nevada, Page 524 (CHAPTER 317, AB 369)κ
solvency of the unemployment compensation fund, it shall promptly so inform the executive director and make recommendations with respect thereto. The governor may, in his discretion, remove any member of the council for cause.
(c) State Farm Labor Council. To assist the department in accomplishing the objective of providing an effective farm placement service to agricultural workers, employers, and the continuing needs of industry, the employment security department is committed to maintaining a state farm labor advisory council. Such council shall be appointed by the governor for 4-year terms and shall consist of five members who shall include representatives of substantial commodity interests so that the problems peculiar to each commodity group will be considered in state planning and administration. The executive director shall be an ex officio member of the council and shall be secretary thereof. An annual meeting of the council shall be held and special meetings may be held at the call of the chairman. The members of the council shall be paid at the rate of $15 per diem of actual service and shall be reimbursed for their necessary traveling expenses.
(d) Functions and Duties of State Farm Labor Council. The state farm labor council shall act in an advisory capacity to the executive director in formulating policies and discussing problems relating to farm placement and recruitment, in the state, to assure an adequate supply of farm workers during harvesting periods and to effect favorable agricultural production.
Sec. 4. Section 7 of the above-entitled act, being section 2825.25f, as amended by chapter 157, Statutes of Nevada 1951, at page 229, is hereby amended to read as follows:
Section 7. Board of Review. There shall be created a board of review consisting of three members appointed by the governor for terms of four years each. Vacancies shall be filled by appointments by the governor for the unexpired terms. One member shall be representative of labor, one member representative of employers, and one of the public; provided, that the board of review heretofore appointed under the unemployment compensation law shall continue in office until the end of their respective terms unless sooner removed for cause. Each member shall be paid from the unemployment compensation administration fund at the rate of fifteen ($15) dollars per day of active service, together with actual and necessary travel expenses. The governor may, at any time after notice and hearing, remove any member of the board for cause.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 525κ
Senate Bill No. 280Committee on Finance
CHAPTER 318
AN ACT to amend an act entitled An Act providing for salaries of elective state officers; providing for salaries, compensation and employment of other officers and employees in the various state offices, departments, boards, commissions and agencies of the State of Nevada; repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 27, 1953.
[Approved March 28, 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 295, Statutes of Nevada 1953, at page 467, is hereby amended to read as follows:
Section 13. Department of Agriculture.
1. The executive director in the division of animal industry (stock inspection) shall receive an annual salary of $1,000.
2. The director of the division of animal industry (stock inspection) shall receive an annual salary of $7,200.
3. The director of state quarantine, noxious weed and insect pest control shall receive an annual salary of $7,200.
Sec. 2. Section 13 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 467, is hereby renumbered as section 13.5 and is hereby amended to read as follows:
Section 13.5. State Highway Engineer. The state highway engineer shall receive an annual salary of $10,000.
Sec. 3. Section 20 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 20. Public Service Commission.
1. The chairman of the public service commission shall receive an annual salary of $10,000.
2. One full-time commissioner of the public service commission shall receive an annual salary of $7,200.
3. One part-time commissioner of the public service commission shall receive an annual salary of $5,400.
Sec. 4. Section 21 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 21. Office of Veterans Service Commissioner.
1. The veterans service commissioner shall receive an annual salary of $6,000.
2. The deputy veterans service commissioner shall receive an annual salary of $6,000.
Sec. 5. Section 22 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 22. State Planning Board. The manager and technical supervisor of the state planning board shall receive an annual salary of $9,600.
κ1955 Statutes of Nevada, Page 526 (CHAPTER 318, SB 280)κ
supervisor of the state planning board shall receive an annual salary of $9,600.
Sec. 6. Section 24 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 24. Nevada State Museum. The director of the Nevada state museum shall receive an annual salary of $6,000.
Sec. 7. Section 25 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 25. Nevada Historical Society. The executive secretary of the Nevada historical society shall receive an annual salary of $4,800.
Sec. 8. Section 28 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 28. Nevada School of Industry. The superintendent of the Nevada school of industry shall receive an annual salary of $4,800.
Sec. 9. Section 31 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 31. Office of the State Engineer. The state engineer shall receive an annual salary of $10,000.
Sec. 10. Section 32 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 32. Underground Water Hydrologist. The underground water hydrologist shall receive an annual salary of $5,988.
Sec. 11. Section 33 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 33. Nevada State Childrens Home. The superintendent of the Nevada state childrens home shall receive an annual salary of $4,800.
Sec. 12. Section 34 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 468, is hereby amended to read as follows:
Section 34. Labor Commissioner. The labor commissioner shall receive an annual salary of $7,200.
Sec. 13. Section 35 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 469, is hereby amended to read as follows:
Section 35. Superintendent of Banks. The state bank examiner, known officially as superintendent of banks, shall receive an annual salary of $7,200.
Sec. 14. Section 37 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 469, is hereby amended to read as follows:
Section 37. Director of the Budget. The director of the budget shall receive an annual salary of $7,200.
κ1955 Statutes of Nevada, Page 527 (CHAPTER 318, SB 280)κ
Sec. 15. The above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 465, is hereby amended by adding thereto a new section designated as section 39.5, which shall immediately follow section 39 and shall read as follows:
Section 39.5. Director of State Parks. The director of state parks shall receive an annual salary of $4,932.
Sec. 16. Sections 12, 15, 18, 26, 30, 36, 40 and 41 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 465, are hereby expressly repealed.
Sec. 17. This act shall become effective on July 1, 1955.
________
Assembly Bill No. 321Messrs. Ivers, Hanson, Pozzi, Christensen (Washoe), Ellison, Barnum, and Kean, and Mesdames Denton and Isbell
CHAPTER 319
AN ACT to amend an act entitled An Act providing for salaries of elective state officers; providing for salaries, compensation and employment of other officers and employees in the various state offices, departments, boards, commissions and agencies of the State of Nevada; repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 27, 1953.
[Approved March 28, 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 295, Statutes of Nevada 1953, at page 465, is hereby amended to read as follows:
Section 1. Governor. The annual salary of the governor shall be $7,600. From and after the expiration of the present term of the governor, his successor and successors in office thereafter shall receive an annual salary of $15,000. The executive assistant to the governor shall receive an annual salary of $7,200.
Sec. 2. Section 3 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 466, is hereby amended to read as follows:
Section 3. Secretary of State. The annual salary of the secretary of state shall be $6,600. From and after the expiration of the present term of the secretary of state, his successor and successors in office thereafter shall receive an annual salary of $8,000.
Sec. 3. Section 4 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 466, is hereby amended to read as follows:
Section 4. State Controller. The annual salary of the state controller shall be $6,600. From and after the expiration of the present term of the state controller, his successor and successors in office thereafter shall receive an annual salary of $8,000.
Sec. 4. Section 5 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 466, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 528 (CHAPTER 319, AB 321)κ
Section 5. State Treasurer. The annual salary of the state treasurer shall be $6,600. From and after the expiration of the present term of the state treasurer, his successor and successors in office thereafter shall receive an annual salary of $8,000.
Sec. 5. Section 6 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 466, is hereby amended to read as follows:
Section 6. Attorney General. The annual salary of the attorney general shall be $7,000. From and after the expiration of the present term of the attorney general, his successor and successors in office thereafter shall receive an annual salary of $8,400.
Sec. 6. Section 7 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 466, is hereby amended to read as follows:
Section 7. Surveyor General. The annual salary of the surveyor general shall be $6,600. From and after the expiration of the present term of the surveyor general, his successor and successors in office thereafter shall receive an annual salary of $7,200.
Sec. 7. Section 8 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 466, is hereby amended to read as follows:
Section 8. Clerk and Bailiff of Supreme Court.
1. The annual salary of the clerk of the supreme court shall be $6,600. From and after the expiration of the present term of the clerk of the supreme court, his successor and successors in office thereafter shall receive an annual salary of $7,200.
2. The bailiff of the supreme court shall receive an annual salary of $600.
Sec. 8. Section 9 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 466, is hereby amended to read as follows:
Section 9. Superintendent of Public Instruction. The annual salary of the superintendent of public instruction shall be $6,600. From and after the expiration of the present term of the superintendent of public instruction, his successor and successors in office thereafter shall receive an annual salary of $9,000.
Sec. 9. Section 10 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 466, is hereby amended to read as follows:
Section 10. Superintendent of State Printing. The annual salary of the superintendent of state printing shall be $6,600. From and after the expiration of the present term of the superintendent of state printing, his successor or successors in office thereafter shall receive an annual salary of $8,000.
Sec. 10. Section 11 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 467, is hereby amended to read as follows:
Section 11. State Inspector of Mines. The annual salary of the state inspector of mines shall be $6,600. From and after the expiration of the present term of the state inspector of mines, his successor and successors in office thereafter shall receive an annual salary of $8,000.
Sec. 11. This act shall become effective on July 1, 1955.
________
κ1955 Statutes of Nevada, Page 529κ
Assembly Bill No. 322Messrs. Ivers, Hanson, Kean, Ellison, Barnum, Pozzi, and Christensen (Washoe) and Mesdames Denton and Isbell
CHAPTER 320
AN ACT fixing the salaries of certain state officers; providing ex officio duties of certain state officers and compensation for the performance of the same; repealing certain acts and parts of acts in conflict herewith; and other matters properly relating thereto.
[Approved March 28, 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 as chairman of the Nevada tax commission shall receive an annual salary of $7,400, payable at the times and in the manner provided by law.
Sec. 2. The secretary of state of Nevada as ex officio secretary of the state bond trust administration shall receive an annual salary of $1,400, payable at the times and in the manner provided by law.
Sec. 3. The state controller of Nevada as ex officio state fiscal officer shall receive an annual salary of $1,400, payable at the times and in the manner provided by law. In addition to the duties now prescribed for the ex officio office, and as a part thereof, he shall serve as a member of the state insurance rating board and shall serve as a state fiscal officer for the Federal Government and compute, withhold, and account for all state payroll deductions and keep all records in connection with administration of and compliance with the federal revenue and income tax laws.
Sec. 4. The state treasurer of Nevada shall be ex officio state disbursing officer for the Federal Government. It shall be his duty, as such, to act for such government with respect to all financial matters required of him by the Federal Government, and to keep proper books and accounts and prepare vouchers and receipts relating thereto. He shall keep books of account and sign and pay all warrants relating to all state payroll deductions at the time and in the manner required, according to federal law and regulation. He shall perform such other duties in connection with the aforesaid duties as may be required in the proper exercise thereof. As such state disbursing officer for the Federal Government he shall receive an annual salary of $1,400, payable at the times and in the manner provided by law.
Sec. 5. The attorney general of the State of Nevada as ex officio director of the department of highways shall receive an annual salary of $1,400, payable at the times and in the manner provided by law.
Sec. 6. The surveyor general of Nevada as ex officio land register shall receive an annual salary of $600, payable at the times and in the manner provided by law. In addition to the duties now prescribed for the ex officio office he shall represent the State of Nevada in the protection of the forest and watershed areas in Nevada, and shall cooperate with the agents and departments of the Federal Government as well as with agencies in this state to carry out such protection.
κ1955 Statutes of Nevada, Page 530 (CHAPTER 320, AB 322)κ
Sec. 7. The superintendent of public instruction as ex officio secretary of the state textbook commission shall receive an annual salary of $2,400, payable at the times and in the manner provided by law. In addition to the duties now prescribed for the ex officio office and as a part thereof, such officer shall serve as a member and secretary of the public school teachers retirement salary fund board and as executive officer of the state board for vocational education.
Sec. 8. The clerk of the supreme court as ex officio reporter of decisions shall receive an annual salary of $600, payable at the times and in the manner provided by law.
Sec. 9. The superintendent of state printing shall receive an added annual salary of $1,400.
Sec. 10. The inspector of mines shall receive an added annual salary of $1,400.
Sec. 11. The salaries provided in this act shall be paid out of the general fund.
Sec. 12. Chapter 230, Statutes of Nevada 1953, at page 307, entitled An Act fixing the salaries of certain state officers; providing ex officio duties of certain state officers and compensation for the performance of the same, approved March 25, 1953, is hereby expressly repealed, and all other acts and parts of acts in conflict herewith are expressly repealed.
Sec. 13. This act shall be in full force and effect from and after July 1, 1955, and shall expire by limitation at midnight of the 1st Monday of January 1959.
________
Assembly Bill No. 316Mr. Pozzi
CHAPTER 321
AN ACT to amend an act entitled An Act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith, approved March 31, 1941.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 129b of the above-entitled act, being chapter 189, Statutes of Nevada 1941, at page 451, as added by chapter 314, Statutes of Nevada 1951, at page 510, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 531 (CHAPTER 321, AB 316)κ
Statutes of Nevada 1951, at page 510, is hereby amended to read as follows:
Section 129b. Appointment, Salary and Expenses. The commissioner of insurance shall be appointed by and responsible to the governor. He shall not be in the classified service. He shall receive an annual salary of $9,000. He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 2. Section 129d of the above-entitled act, being chapter 189, Statutes of Nevada 1941, at page 451, as added by chapter 314, Statutes of Nevada 1951, at page 511, is hereby amended to read as follows:
Section 129d. Staff and Operations. The commissioner shall have such technical and clerical assistance as the execution of his duties requires. He may designate an employee of the department as his chief deputy, who shall not be in the classified service of the state and who shall receive an annual salary of $6,000. In case of the absence of the commissioner or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his chief deputy. The department shall be furnished with suitable office space for the performance of the duties provided in this act. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the commissioner before they are paid.
Except as in this act otherwise specifically provided, the attorney general shall act as legal counsel to the department of insurance in all matters pertaining to the administration and enforcement of this act, and the prosecution of civil or criminal actions instituted in the name of the state hereunder.
Sec. 3. Section 14 of chapter 295, Statutes of Nevada 1953, is hereby expressly repealed.
Sec. 4. This act shall become effective on July 1, 1955.
________
Assembly Bill No. 151Messrs. Lambert, Irwin, Waters, Giomi, Hendel, Barnum, Christensen (Washoe), Pozzi, Hanson and Mrs. Denton
CHAPTER 322
AN ACT creating the department of economic development; defining certain words and terms; providing for the creation of a state board of economic development and granting certain advisory powers and duties; providing for the appointment of a director of the department and stating his qualifications; designating the powers and duties of the department; providing for the publication of pamphlets and other descriptive material; creating a state economic development and publicity fund in the state treasury; appropriating certain moneys; and other matters properly relating thereto.
[Approved March 28, 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 Economic Development Act of 1955.
κ1955 Statutes of Nevada, Page 532 (CHAPTER 322, AB 151)κ
Sec. 2. Definitions. As used in this act:
1. Board means the state board of economic development.
2. Department means the department of economic development of the State of Nevada.
3. Director means the director of the department.
Sec. 3. Department of Economic Development. There is hereby created and established a department of the state government to be designated and known as the department of economic development, consisting of a board of economic development, a director, and such other employees as are hereinafter provided for.
Sec. 4. State Board of Economic Development: Members; Qualifications.
1. There is hereby created in the department a state board of economic development composed of 17 members appointed by and responsible to the governor, and serving at the pleasure of the governor. No appointment shall extend beyond a period of 4 years from the date of expiration of the preceding appointment.
2. The members of the board shall be selected from a list of names submitted by the Association of Nevada County Commissioners, and no two members shall be residents of the same county.
3. Each appointee shall be a person familiar with the economic needs and opportunities of this state.
Sec. 5. Board: Meetings; Quorum; Chairman.
1. The board shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the board. The board shall select from its members a chairman who shall hold office for 1 year. The director shall act as secretary of the board.
2. The board shall prescribe rules and regulations for its own management and government, and it shall have only such powers and duties as may be authorized by law.
3. Nine members of the board shall constitute a quorum, and a quorum may exercise all the power and authority conferred on the board.
Sec. 6. Advisory Powers and Duties of Board. The board shall be an advisory body only to the director, and as such shall have the following advisory powers and duties:
1. To be informed on and interested in the entire field of economic development of the state.
2. To advise the director concerning the organization and administration of the department.
3. To report to the governor annually on all matters which it may deem pertinent to the department, and concerning any specific matters previously requested by the governor.
4. To advise and make recommendations to the governor or the legislature relative to the economic development and publicity policies of the state.
5. To promote the coordination of tourist promotion programs conducted by the various chambers of commerce in the state.
6. To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this act.
κ1955 Statutes of Nevada, Page 533 (CHAPTER 322, AB 151)κ
7. To keep minutes of transactions of each board meeting, regular or special, which shall be public records and filed with the department.
Sec. 7. Travel and Per Diem Expenses of Board. No board member shall receive a salary, but for each days attendance at each meeting of the board, a member shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 8. Director: Qualifications; Appointment; Salary.
1. The director of the department shall be appointed by and be responsible to the governor. The person appointed as director shall have had successful experience in the administration and promotion of a program comparable to that provided in this act. The director shall be in the unclassified service as provided by the provisions of chapter 351, Statutes of Nevada 1953.
2. The director shall receive an annual salary of $8,400. He shall receive the per diem expense allowance and travel expenses as fixed by law.
3. He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.
Sec. 9. Duties of Director. The director, as the executive head of the department, shall direct and supervise all its administrative and technical activities. In addition to the duties imposed upon him elsewhere in this act, he shall:
1. Attend all meetings of the board and act as its secretary, keeping minutes of the proceedings of the board.
2. Report to the governor and the board upon all matters concerning the administration of his office, and he shall request the advice and counsel of the board on matters concerning the policy thereof, but he shall be responsible for the conduct of the department and its administrative functions, unless otherwise provided by law.
3. Make an annual report regarding the work of the department and such special reports as he may consider desirable to the board and to the governor.
4. Perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this act.
Sec. 10. Office of Department. The headquarters office of the department shall be in Carson City, Nevada.
Sec. 11. Personnel of Department. Subject to the provisions of chapter 351, Statutes of Nevada 1953, the director shall appoint such professional, technical, clerical and operational staff as the execution of his duties and the operation of the department may require, the appointments to be made in accordance with the provisions of chapter 351, Statutes of Nevada 1953.
Sec. 12. Duties of Department. The department shall have the power and duty:
1. To advertise, publicize, promote and aid in the development of the commercial, industrial, agricultural, mining, tourist and other vital economic interests of the State of Nevada, and may, in carrying out this duty, contract with advertising agencies and research, engineering and public relation firms within and without the state.
2. To engage in research, publicity and promotion on behalf of the State of Nevada, in order that these ends may also be served in advancing the general economic welfare of the state, and to serve as the public information center for the State of Nevada by answering inquiries, both by mail and in person, concerning the resources, economic, residential and recreational advantages of this state and furnishing information and data on these and related subjects.
κ1955 Statutes of Nevada, Page 534 (CHAPTER 322, AB 151)κ
State of Nevada, in order that these ends may also be served in advancing the general economic welfare of the state, and to serve as the public information center for the State of Nevada by answering inquiries, both by mail and in person, concerning the resources, economic, residential and recreational advantages of this state and furnishing information and data on these and related subjects.
3. To give publicity to points and places of historic interest, climatic and recreational advantages, and the possibilities of successful pursuits and industrial enterprises in this state.
4. To investigate, study and undertake ways and means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of Nevada business, industry and commerce, within and without the state.
5. To investigate and study conditions affecting Nevada business, industry and commerce, to collect and disseminate information and to engage in technical studies, scientific investigations, statistical research and educational activities necessary or useful for the proper execution of the power and duties of the department in promoting and developing Nevada business, industry and commerce, both within and outside the state.
6. To plan and develop an effective business information service both for the direct assistance of business and industry of the state and for the encouragement of business and industry outside the state to use economic facilities within the state.
7. To compile, collect and develop periodically, or otherwise make available, information relating to current business conditions.
8. To conduct or encourage research designed to further new and more extensive uses of the natural and other resources of the state and designed to develop new products and industrial processes.
9. To study changes in population and current trends and prepare plans and suggest policies for the development and conservation of the resources of the state.
10. To prepare and publish pamphlets and other descriptive material designed to carry out and effectuate the purposes of this act.
Sec. 13. Records and Assistance of Other State Departments, Agencies. The director shall not interfere with the functions of any other state agencies but shall be furnished from time to time, on request, with data and other information from such agencies records bearing on all matters relative to the objectives of the department. It is expected that the director shall avail himself of the records and assistance of the state planning board, the state employment security department, the advisory mining board and the state bureau of mines, the state forester-firewarden, the department of agriculture, the department of highways, the fish and game commission, the state engineer, the budget director and the state board of finance, the executive assistant to the governor, and the heads of such other state agencies as in the opinion of the governor might make a contribution to the work of the department.
Sec. 14. State Economic Development and Publicity Fund. A working capital fund to be known as the state economic development and publicity fund is hereby created in the state treasury, and money in the fund shall be used for the payment of necessary expenses incurred in carrying out the provisions of this act.
κ1955 Statutes of Nevada, Page 535 (CHAPTER 322, AB 151)κ
and publicity fund is hereby created in the state treasury, and money in the fund shall be used for the payment of necessary expenses incurred in carrying out the provisions of this act.
Sec. 15. Appropriation. For the biennium ending June 30, 1957, there is hereby appropriated from any money not otherwise appropriated in the state treasury the sum of $100,000, which may be expended for the general administration of the department to effectuate the purposes of this act.
Sec. 16. Effective Date. This act shall become effective July 1, 1955; provided that an amount not to exceed $5,000 shall be available upon passage and approval for advance costs of organizing the department.
________
Assembly Bill No. 299Committee on Ways and Means
CHAPTER 323
AN ACT to amend an act entitled An Act to provide for the compiling, reporting, printing, and distribution of the decisions of the supreme court of the State of Nevada, and repealing certain acts in conflict herewith, approved March 22, 1915.
[Approved March 28, 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 section 5220, N.C.L. 1929, is hereby amended to read as follows:
Section 9. On the receipt of each volume of said reports from the superintendent of state printing, the secretary of state shall distribute them in the following manner: To each state and territory, one copy; to each of the heads of departments at Washington, one copy; to the Library of Congress, two copies; to each of the judges of the United States Circuit and District Courts in the states of Nevada, California, and Oregon, one copy; to the Nevada state library, two copies; to each state officer, justice of the supreme court, clerk of the supreme court, district judge, district attorney, county clerk, and justice of the peace in this state, one copy; and to each public library within this state, one copy. He shall distribute to literary and scientific institutions, publishers, and authors as in his opinion may secure an interchange of works which may properly be placed in the state library. The remaining copies shall be held for sale at the price of $10 per volume. No volume shall be sold or delivered until the purchase price therefor is first received.
________
κ1955 Statutes of Nevada, Page 536κ
Senate Bill No. 278Committee on Finance
CHAPTER 324
AN ACT making appropriations from the general fund, the state highway fund and the county gas tax fund for the support of the civil government of the State of Nevada for the two fiscal years beginning July 1, 1955, and ending June 30, 1957, and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the two fiscal years beginning July 1, 1955, and ending June 30, 1957.
Sec. 2. The Offices and Mansion of the Governor.
For the support of the office of the governor at Carson City............ $86,293.72
For the support of the office of the governor at Las Vegas.............. 8,719.08
For the support of the governors mansion at Carson City............... 13,900.00
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor.......................... 6,705.00
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state.............................. 104,914.00
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general................................ 88,995.20
For the defense of suits........................................................................... 5,000.00
Sec. 6. The Office of State Controller.
For the support of the office of state controller.................................. 105,805.00
Sec. 7. The Office of State Treasurer.
For the support of the office of state treasurer.................................... 73,632.00
Sec. 8. The Office of Inspector of Mines.
For the support of the office of inspector of mines............................ 70,016.00
Sec. 9. The Office of Surveyor General and Ex Officio Land Register.
For the support of the office of surveyor general and ex officio land register 35,491.00
Sec. 10. State Board of Fire Control.
For the support of the state board of fire control................................ 13,995.00
For forest fire protection......................................................................... 50,000.00
Sec. 11. Supreme Court of Nevada.
For the support of the supreme court of Nevada................................ 154,181.00
Sec. 12. Adjutant General and the Nevada National Guard.
For the support of the office of the adjutant general and the Nevada national guard................................................................................................................. 102,817.00
κ1955 Statutes of Nevada, Page 537 (CHAPTER 324, SB 278)κ
Sec. 13. Superintendent of Banks.
For the support of the office of superintendent of banks.................. $65,964.00
Sec. 14. Director of the Budget.
For the support of the office of the director of the budget................ 34,973.00
Sec. 15. State Department of Buildings and Grounds.
For the support of the state department of buildings and grounds in Carson City.................................................................................................................... 334,094.34
For the support of the state department of buildings and grounds in Las Vegas 51,136.00
Sec. 16. Department of Civil Defense.
For the support of the department of civil defense............................. 29,213.00
Sec. 17. The State Engineer.
For the support of the office of the state engineer............................. 143,729.00
Sec. 18. State Cooperative Snow Surveys.
For the support of state cooperative snow surveys under the direction of the state engineer.................................................................................................. 3,000.00
Sec. 19. State Cooperative Stream Measurement.
For the support of the state cooperative stream measurement in cooperation with the state engineer................................................................................... 15,000.00
Sec. 20. Hydrologist, Underground Water.
For state ground water hydrology under the direction of the state engineer 15,597.00
Sec. 21. United States Geological Survey and Cooperative Underground Water Investigation.
For cooperation with the United States geological survey under the direction of the state engineer........................................................................................... 27,000.00
Sec. 22. Columbia Interstate Compact Commission.
For the support of the Columbia interstate compact commission.... 3,000.00
Sec. 23. State Board of Examiners.
For the support of the state board of examiners.................................. 3,100.00
Sec. 24. State Board of Finance.
For the support of the state board of finance...................................... 1,614.00
Sec. 25. Nevada Historical Society.
For the support of the Nevada historical society................................ 31,371.00
Sec. 26. Department of Insurance.
For the support of the department of insurance.................................. 91,948.00
Sec. 27. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board............. 3,000.00
Sec. 28. The Labor Commissioner.
For the support of the office of the labor commissioner.................... 50,466.00
Sec. 29. Apprenticeship Council and State Director of Apprenticeship.
For the support of the apprenticeship council and the state director of apprenticeship................................................................................................. 2,604.00
κ1955 Statutes of Nevada, Page 538 (CHAPTER 324, SB 278)κ
Sec. 30. Nevada Legislative Counsel Bureau.
For the support of the Nevada legislative counsel bureau................ $86,431.00
Sec. 31. Nevada State Library.
For the support of the Nevada state library......................................... 123,759.00
Sec. 32. Nevada State Museum.
For the support of the Nevada state museum...................................... 51,375.20
Sec. 33. State Park Commission.
For the support of the state park commission..................................... 37,828.72
Sec. 34. State Board of Pardon and Parole Commissioners.
For the support of the state board of pardon and parole commissioners and for the return of parole violators........................................................................ 82,071.00
Sec. 35. State Planning Board.
For the support of the state planning board........................................ 58,403.00
Sec. 36. Public Service Commission of Nevada.
For the support of the public service commission of Nevada........... 65,151.86
The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada as authorized by law 96,989.00
Sec. 37. Drivers License Division of the Public Service Commission of Nevada.
The following sum is hereby appropriated from the state highway fund for the support of the drivers license division of the public service commission of Nevada 194,100.80
Sec. 38. Nevada Highway Patrol Division of the Public Service Commission of Nevada.
The following sum is hereby appropriated from the state highway fund for the support of the Nevada state highway patrol division of the public service commission of Nevada................................................................................... 687,279.00
Sec. 39. Motor Vehicle Division of the Public Service Commission of Nevada.
The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle division of the public service commission of Nevada 245,738.00
Sec. 40. Statute Revision Commission.
For the support of the statute revision commission........................... 131,189.00
Sec. 41. Nevada Tax Commission.
For the support of the Nevada tax commission................................... 44,919.00
Sec. 42. Motor Vehicle Fuel and County Gasoline Tax Administration: Nevada Tax Commission.
The following sum is hereby appropriated from the state highway fund for administration of the gasoline tax, special fuel tax, and county gasoline tax by the Nevada tax commission................................................................................. 84,565.00
The following sum is hereby appropriated from the county gas tax fund for the administration of the gasoline tax and county gasoline tax by the Nevada tax commission.......................................................................... $16,867.00
κ1955 Statutes of Nevada, Page 539 (CHAPTER 324, SB 278)κ
commission...................................................................................................... $16,867.00
Sec. 43. Liquor and Cigarette Division: Nevada Tax Commission.
For the support of the liquor and cigarette division, Nevada tax commission 47,956.00
Sec. 44. Division of Assessment Standards: Nevada Tax Commission.
For the support of the division of assessment standards, Nevada tax commission...................................................................................................... 202,995.00
Sec. 45. Veterans Service Commissioner.
For the support of the offices of veterans service commissioner and deputy veterans service commissioner................................................................... 48,847.40
Sec. 46. Nevada State Childrens Home.
For the support of the Nevada state childrens home........................ 286,091.00
Sec. 47. Nevada State Hospital.
For the support of the Nevada state hospital...................................... 1,053,826.00
Sec. 48. Nevada State Prison.
For the support of the Nevada state prison......................................... 771,953.00
Sec. 49. Nevada School of Industry.
For the support of the Nevada school of industry............................. 197,818.00
Sec. 50. Department of Education-Administrative.
For the support of the administrative duties of the department of education 346,342.92
Sec. 51. Miscellaneous Educational Funds.
The following sums are hereby appropriated for the support of:
Aid to high schools........................................................................... 717,000.00
Aid to rural schools........................................................................... 5,000.00
Care of deaf, dumb and blind........................................................... 60,000.00
Public school teachers retirement.................................................. 1,102,000.00
Vocational education......................................................................... 195,080.00
Vocational rehabilitation................................................................... 30,841.00
Sec. 52. Distributive School Fund.
The following sum is appropriated from the general fund to be transferred to the distributive school fund as needed for regular apportionments, relief apportionments, emergency apportionments and teachers institute expense 14,413,684.00
Sec. 53. State Board of Health.
The following sums are hereby appropriated for the support of:
Preventive medical services division.............................................. 119,033.00
Vital statistics division...................................................................... 39,398.00
Public health engineering division.................................................. 71,045.00
Laboratories division......................................................................... 75,119.00
Dental hygiene division.................................................................... 42,086.00
Crippled children services division................................................. 98,918.00
Hospital services division................................................................ 18,358.00
Mental health division...................................................................... 47,587.00
κ1955 Statutes of Nevada, Page 540 (CHAPTER 324, SB 278)κ
Sec. 54. State Welfare Department.
The following sums are hereby appropriated for the support of:
Administration of the department................................................... $375,718.00
Aid to the blind.................................................................................. 124,500.00
Child welfare....................................................................................... 15,000.00
Old-age assistance............................................................................. 941,803.00
Sec. 55. State Department of Agriculture.
The following sums are hereby appropriated for the support of:
State quarantine officer..................................................................... 85,122.00
Insect pest control............................................................................. 15,189.00
Noxious weed control........................................................................ 33,187.00
Predatory animal and rodent control............................................... 158,936.00
Sec. 56. Soil Conservation Districts.
For the support of the soil conservation districts............................... 900.00
Sec. 57. Advisory Mining Board.
For the support of the advisory mining board..................................... 1,600.00
Sec. 58. State Bureau of Mines.
For the support of the state bureau of mines....................................... 110,000.00
Sec. 59. University of Nevada.
For the support of the University of Nevada....................................... 2,861,020.00
Sec. 60. Miscellaneous State Expenses.
The following sums are hereby appropriated for the support of:
Traveling expenses of the district judges to be apportioned by the state board of examiners...................................................................... 16,000.00
Fire insurance premiums................................................................... 40,000.00
Promotion of uniform laws................................................................ 500.00
Publication of claims and delinquent corporations lists.............. 3,000.00
State officers bond premiums......................................................... 6,500.00
Rewards of the governor.................................................................. 1,000.00
Care of G.A.R. cemeteries................................................................. 600.00
Interest on possible judgments....................................................... 4,000.00
Sec. 61. State Department of Purchasing.
The following sum is appropriated from the general fund for the use of the state department of purchasing for the purchase of certain equipment for various state agencies, bureaus, departments, commissions, and boards, details of which shall be hereafter furnished by the legislative auditor to the state department of purchasing and the state agencies, bureaus, departments, commissions and boards concerned........................................................................................................ 147,958.00
The following sum is appropriated from the state highway fund for the use of the state department of purchasing for the purchase of certain equipment for the public service commission of Nevada, details of which shall be hereafter furnished by the legislative auditor to the state department of purchasing and the public service commission of Nevada..................................................................... 74,225.00
κ1955 Statutes of Nevada, Page 541 (CHAPTER 324, SB 278)κ
The following sum is appropriated from the state highway fund for the use of the state department of purchasing for the purchase of certain equipment for the motor vehicle fuel division of the Nevada tax commission, details of which shall be hereafter furnished by the legislative auditor to the state department of purchasing and the motor vehicle fuel division of the Nevada tax commission........ $3,335.00
Sec. 62. The funds herein appropriated shall be expended in accordance with the allotment, transfer, work program and budget provisions of chapter 299, Statutes of Nevada 1949, at page 602, entitled An Act providing for a state budget, creating the position of director of the budget, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 29, 1949.
Sec. 63. On June 30, 1957, any unexpended balances of the appropriations herein made shall revert to the fund from which appropriated.
Sec. 64. All acts and parts of acts in conflict herewith are hereby repealed.
________
Senate Bill No. 111Senator Whitacre
CHAPTER 325
AN ACT appropriating the sum of $2,000 for the use of the Nevada historical society in purchasing the mineral collection of the late C. C. Boak.
[Approved March 28, 1955]
Whereas, Mining and the mining industry have always been of paramount importance to the State of Nevada; and
Whereas, It is a proper function of the government to display exhibits of its natural resources; and
Whereas, The late C. C. Boak, assemblyman from Nye County, Nevada, an ardent collector of mineral specimens of this and other states, left an unparalleled collection of minerals which are available for purchase from his estate and his heirs; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any money in the state treasury, not otherwise appropriated, the sum of $2,000 for the purchase of the mineral collection of the late C. C. Boak by the Nevada historical society.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 542κ
Senate Bill No. 132Senators Brown, Seevers and Whitacre
CHAPTER 326
AN ACT to authorize a professional survey of the Nevada state hospital by the American Psychiatric Association, to make an appropriation therefor, and other matters relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state hospital is authorized to have made a survey of the Nevada state hospital by the inspectors and rating board of the American Psychiatric Association, for rating and recommendations as to future needs. The report shall be filed with the legislative counsel.
Sec. 2. There is hereby appropriated out of any moneys not otherwise appropriated in the state treasury, the sum of $1,500 for the purpose of defraying the costs and expenses of the survey authorized in the preceding section.
________
Senate Bill No. 274Committee on Taxation
CHAPTER 327
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 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being 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 7.6 which shall read as follows:
Section 7.6. Whenever application shall be made to the department for registration of a vehicle purchased outside the state and not previously registered within this state, the county assessor, as a deputy of the department, shall ascertain to the best of his ability whether use tax thereon is due to the State of Nevada, and, if so, collect such tax and remit the same to the Nevada tax commission.
κ1955 Statutes of Nevada, Page 543 (CHAPTER 327, SB 274)κ
of the department, shall ascertain to the best of his ability whether use tax thereon is due to the State of Nevada, and, if so, collect such tax and remit the same to the Nevada tax commission.
________
Assembly Bill No. 492Committee on Ways and Means
CHAPTER 328
AN ACT to amend an act entitled An Act to limit the cost of state-owned automobiles, to provide for their labeling and use for official purposes only, and fixing a penalty for violation hereof, approved February 6, 1933.
[Approved March 28, 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 6941.01, 1929 N.C.L. 1941 Supp., as last amended by chapter 48, Statutes of Nevada 1953, at page 45, is hereby amended to read as follows:
Section 1. Except as hereinafter provided, all automobiles hereafter purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost not to exceed three thousand dollars as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in on it. Any automobile hereafter purchased by or on behalf of the governor shall cost not to exceed five thousand dollars as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in. No automobile may be purchased by any such department, office, bureau, official or employee thereof, except with the prior consent in writing of the state board of examiners, and all such automobiles shall be used for official purposes only. All such automobiles except such automobiles as are maintained for and used by or under the authority and direction of the state board of pardon and parole commissioners, auditors and investigators of the gambling tax division of the Nevada tax commission, and one automobile used by the Nevada state prison, shall be labeled on both sides thereof by painting the words for official use only thereon in plain lettering and placing a facsimile of the great seal of the State of Nevada thereon, to be not less than twelve (12) inches in diameter and the same shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The motor vehicle commissioner shall furnish each state department or officer with such stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on said automobile, charging the necessary costs thereof to each department or officer so furnished.
All departments, offices, bureaus, or officials of the State of Nevada shall cause to be placed the words, for official use only, and the facsimile of the seal on all automobiles under their jurisdiction on or before June 1, 1949.
________
κ1955 Statutes of Nevada, Page 544κ
Assembly Bill No. 438Mr. Pozzi
CHAPTER 329
AN ACT authorizing financial assistance for the construction of school facilities in certain school districts wherein 15 percent of the average daily attendance includes students whose parent or parents are state employees, or students who attend school in the school district as wards of the State of Nevada; defining certain terms and declaring the public policy of this state; stating qualifications for state financial aid, allowing review of maximum amounts by the state board of education and providing for payment of such aid; creating a state school construction relief fund; authorizing the issuance and sale of bonds; and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Definitions. As used in this act, unless the context or subject matter otherwise requires:
1. Average daily attendance means the 6 months of highest daily attendance for the school year last preceding as computed and determined by the superintendent.
2. Average per pupil cost of construction means the amount determined by the superintendent that is expended for school construction in this state, including the preparation of drawings and specifications for school facilities and erecting, building, acquiring, altering, remodeling, improving or extending school facilities, for each pupil in daily attendance.
3. Board means the state board of education.
4. Superintendent means the superintendent of public instruction.
Sec. 2. Declaration of Policy. In recognition of the impact which certain state agencies and activities have had on the school construction needs in the areas in which such state activities have been or are being carried on, it is hereby declared to be the policy of the State of Nevada to bear a portion of the cost of constructing such school facilities in those areas in the manner and to the extent provided in this act.
Sec. 3. Aid for Construction of School Facilities. In any area in the State of Nevada where state employment of a parent or parents, or where the attendance of students in the school district as wards of the State of Nevada, has a direct effect on the school population within its school districts so that there is a need of new or improved school facilities, that area shall be eligible for added state financial aid in the following manner:
1. The proportion the students in average daily attendance whose parent or parents are state employees, or the proportion of students who attend school as wards of the State of Nevada, must exceed 15 percent of the total average daily attendance of the particular school district for the school year next preceding the date of application.
2. The particular school district to qualify for state school construction relief must have a bonded indebtedness exceeding 60 percent of its bonding capacity.
κ1955 Statutes of Nevada, Page 545 (CHAPTER 329, AB 438)κ
3. Each such local school district shall be entitled to receive an amount equal to the number of students in average daily attendance whose parent or parents are state employees, or who attend schools in the school district as wards of the State of Nevada, multiplied by the sum of $1,220, which sum is determined to be, and is hereby declared to be, the average per pupil cost of construction in this state, as found by the superintendent, and which amount shall therefore be paid as state school construction relief to those local school districts qualifying under the provisions of this act.
4. The application for payment of the amount determined to be payable for construction of school facilities in any school district shall be submitted by the local school district to the state board of education and filed in accordance with the rules and regulations of such board. The application shall state the qualifications of the school district, the reasons for the construction of the school facilities and shall give assurance that the local school district will submit such reports as the board may reasonably require to determine the school districts needs and that the existing school facilities will be open to inspection by the board, any member thereof or its duly authorized representatives.
5. The board shall determine the maximum amounts which are available under the provisions of this act and it shall thereafter review this amount in the light of the particular needs of the local school district and it is authorized to reduce the maximum amount which such local school district is entitled to receive if it feels that such a reduced amount will adequately serve the needs of the school district and is in proportion to the additional demands which the students who are children of state employees place on the particular school district.
6. Upon finally determining and approving the total amount payable to a local school district, the claim shall be certified to be paid out of the state school construction relief fund, which fund is hereby created, as other claims against the state are paid.
Sec. 4. Bond Issue Authorized.
1. To provide the state school construction relief fund in the state treasury, the governor, the secretary of state, and the attorney general of the State of Nevada are hereby constituted a commission and are hereby authorized and directed to issue bonds of the State of Nevada as and when needed in a sum not to exceed $500,000.
2. Such bonds shall:
(a) Be in denominations of $1,000 each, payable in legal tender of the United States.
(b) Be numbered serially from 1 to 500, inclusive, and when retired shall be retired in the order of their issuance.
(c) Be signed by the governor and endorsed by the secretary of state and the attorney general, countersigned by the state controller, and authenticated by the great seal of the State of Nevada.
(d) Bear interest at such rate as may be fixed by the commission, but such interest rate so fixed shall not be more than 3 percent per annum.
κ1955 Statutes of Nevada, Page 546 (CHAPTER 329, AB 438)κ
(e) Specify the interest rate payable and the redemption date of the bond.
(f) Specify that both principal and interest shall be payable at the office of the state treasurer in Carson City, Nevada.
(g) Have coupons for interest attached in such manner that they may be removed without injury to the bond. Each coupon shall be consecutively numbered and shall be signed by the engraved facsimile signatures of the governor, the secretary of state and the attorney general.
3. Interest shall be payable semiannually, that is to say, on the first day of January and on the first day of July of each year, the first payment to be made on the first day of January 1956.
4. Upon the issuance and execution of each bond the same may be sold and delivered to the state permanent school fund, teachers retirement fund, university 90,000-acre-grant fund, university 72-section-grant fund, state insurance fund of the Nevada industrial commission, and such other state funds as may have money available for legal investment in such bonds, as moneys may be available in the state treasury in such funds, or any of them, without advertising the bonds for sale or calling for bids thereon.
5. If money be not available in any or all of such funds, the bonds herein provided for may be sold as needed for the purpose herein stated at public or private sale as the commission may deem for the best interests of the state. Such bonds shall be sold at not less than par, and shall be so issued and sold only as and when the proceeds thereof are needed. The proceeds of the sale of such bonds shall be placed in the state school construction relief fund.
6. At least 13 of such bonds as may be issued shall be redeemed and paid on each of the dates herein specified for the payment of interest; but, in any event, all such bonds shall be redeemed and paid within 20 years from the date of passage of this act.
7. Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada 1939.
Sec. 5. Pledge of Faith. The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation imposed under the provisions of chapter 197, Statutes of Nevada 1939, be omitted until all the bonds issued under and by virtue hereof and the interest thereon shall have been paid in full as in this act provided.
Sec. 6. Effective Date. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 547κ
Assembly Bill No. 121Mr. Adams
CHAPTER 330
AN ACT to amend the title of and to amend an act entitled An Act to provide for the examination, licensing, and regulation of practical nurses; to provide for a board of nurse examiners; to define the duties and powers of said board; and to provide penalties for the violation of the provisions of this act, approved March 26, 1949.
[Approved March 28, 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 154, Statutes of Nevada 1949, at page 329, is hereby amended to read as follows:
An Act providing for the examination, licensing, and regulation of licensed practical nurses; providing for a board of nurse examiners; defining the duties and powers of the board; and providing penalties for the violation of the provisions of this act.
Sec. 2. Section 4 of the above-entitled act, being chapter 154, Statutes of Nevada 1949, at page 330, is hereby amended to read as follows:
Section 4. Each applicant for a license to practice as a practical nurse shall submit to the board written evidence, verified upon oath, that the applicant:
1. Is of good moral character.
2. Has completed 2 years of high school or its equivalent and has such other preliminary qualification requirements as the board may prescribe.
3. Is at least 18 years of age.
4. Has completed the prescribed curriculum in a board-approved program for the training of a practical nurse and holds a diploma or certificate therefrom acknowledging that the applicant has completed the course of training and study required therein, or has had 2 years experience in the physical care of the sick in a general hospital licensed by the State of Nevada.
Sec. 3. Section 5 of the above-entitled act, being chapter 154, Statutes of Nevada 1949, at page 330, is hereby amended to read as follows:
Section 5. The board shall grant a license to practice as a practical nurse in this state to each applicant having the preliminary qualifications set forth in section 4 hereof and who:
1. Passes the practical nurses examination, which examination shall be given by the board not less than once each calendar year; or
2. Holds a license as a practical nurse under the laws of another state, territory, or country, if the standards for licensure of practical nurses in such state, territory, or country are equivalent to those of this state.
Each application made hereunder shall be accompanied by a fee in the sum of $5 which shall be paid to the board. All funds received by the board pursuant to provisions of this act shall be disbursed and accounted for in the same manner as now provided by law for other funds coming into the hands of the board.
κ1955 Statutes of Nevada, Page 548 (CHAPTER 330, AB 121)κ
accounted for in the same manner as now provided by law for other funds coming into the hands of the board.
Sec. 4. Section 6 of the above-entitled act, being chapter 154, Statutes of Nevada 1949, at page 331, is hereby amended to read as follows:
Section 6. Every license issued pursuant to this act shall, subject to provisions of this act, be valid until March 1, 1952, or, if issued after that date, until the first day of March of the next succeeding even-numbered year. Each license issued hereunder may be renewed by the holder thereof by submitting to the board an application for renewal of license in such form as shall be determined by the board. Each application for renewal of license shall be accompanied by a fee of $2. On or before the 20th day of January 1952, and on or before the 20th day of January of each even-numbered year thereafter, the secretary of the board shall mail a form for application for renewal of license to every person holding a valid and subsisting license hereunder. The board shall issue a renewal license good for a period of two years to every qualified applicant therefor who submits a properly completed and executed application for renewal of license, together with the aforesaid fee of $2.
Sec. 5. The above-entitled act, being chapter 154, Statutes of Nevada 1949, at page 329, 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. Upon application, in such form as it may deem proper, the board may, without examination, grant a temporary license to practice as a practical nurse for a period not to exceed 4 months to an individual licensed by examination in another state, territory or country. Only one temporary license may be issued during any 12-month period to any one person. Each application for a temporary license shall be accompanied by a fee of $3.
Sec. 6. Section 7 of the above-entitled act, being chapter 154, Statutes of Nevada 1949, at page 331, is hereby amended to read as follows:
Section 7. The board may upon its own motion, and shall upon the verified complaint in writing of any person, provided the complaint, or the complaint together with evidence, documentary or otherwise, presented in connection therewith, shall make out a prima facie case, investigate the actions of any person licensed to practice nursing as a practical nurse under this act or any person who shall assume to act as a licensee to practice nursing as a practical nurse within the State of Nevada; and the board shall have the power to deny, revoke or suspend any license to practice nursing as a practical nurse applied for or issued under this act, or otherwise to discipline a licensee upon proof that he:
1. Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a practical nurse.
2. Is guilty of a felony or any offense involving moral turpitude.
3. Is unfit or incompetent by reason of negligence or habits.
4. Is habitually intemperate or is addicted to the use of habit-forming drugs.
κ1955 Statutes of Nevada, Page 549 (CHAPTER 330, AB 121)κ
5. Is mentally incompetent.
6. Is guilty of unprofessional conduct.
7. Has willfully or repeatedly violated this act.
Before suspending or revoking any license the board shall, in writing, notify the licensee of the charges against him, accompanying the notice with a copy of the complaint, if any filed, and the board shall grant the licensee an opportunity to be heard thereon in person or by counsel. If the licensee shall so desire, the board shall grant a hearing upon such charges, to be held not less than 10 days after prior notice in writing to the licensee, nor more than 30 days after the filing of any complaint, and shall furnish licensee at the time of giving the notice with copies of any and all communications, reports and affidavits in possession of the board touching or relating to the matter in question. The written notice may be served by delivery personally to the licensee, or by mailing by registered mail to the last-known resident address of the licensee. The hearing on the charges shall be at such time and place as the board 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 shall be held by the board or a majority thereof, and they shall be held, if the licensee so desires, within the county where the licensee resides. At the hearing all witnesses shall be duly sworn by the board, 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 the stenographic notes upon the payment to the board of such fee as it shall prescribe by general rule or regulation, not exceeding, however, 50 cents per folio.
The board, or any member thereof, shall have power to administer oaths, certify to all official acts, and to issue subpenas for attendance of witnesses and the production of books and papers. In any hearing in any part of the state the process issued by the board shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record. The person serving any such process shall receive such compensation as may be allowed by the board, not to exceed the fees prescribed by law for similar service, and the fees shall be paid in the same manner as provided herein for the payment of the fees of witnesses. Each witness who shall appear by order of the board shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request the witness is subpenaed. When any witness who has not been required to attend at the request of any party shall be subpenaed by the board, his fees and mileage shall be paid from the funds of the board in the same manner as other expenses of the board are paid.
The district court in and for the county in which any hearing may be held by the board shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board.
κ1955 Statutes of Nevada, Page 550 (CHAPTER 330, AB 121)κ
and papers as required by any subpena issued by the board. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena, the board may report to the district court in and for the county in which the hearing is pending by petition, setting forth that due notice has been given of the time and place of attendance of the witness or the production of the books or papers, and that the witness has been subpenaed in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by subpena before the board in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of the hearing, and ask an order of the court compelling the witness to attend and testify or produce the books or papers before the board. The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the board. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpena was regularly issued by the board, the court shall thereupon enter an order that the witness appear before the board at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
The board may in any hearing before it cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the district courts of this state, and to that end may compel the attendance of witnesses and the production of books and papers. The district court in and for the county in which any hearing may be held by the board shall, upon the application of the board, issue commissions to other states for the taking of evidence therein for use in any proceedings before the board.
Any party to any hearing before the board shall have the right to the attendance of witnesses in his behalf at such hearing or upon deposition as set forth in this section upon making request therefor to the board and designating the name and address of the person or persons sought to be subpenaed.
The decision of the board in refusing to grant, or in suspending, or in revoking, any license under this act shall be subject to review in accordance with the provisions of an act entitled An Act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, being sections 9230 to 9240, inclusive, N.C.L. 1929. The board shall maintain in its main office a public docket or other record in which it shall record, from time to time as made, the rulings or decisions upon all complaints filed with it and all investigations instituted by it in the first instance, upon or in connection with which any such hearing shall have been had or in which the licensee charged shall have made no defense. The board shall render a decision on any complaint within 60 days from the final hearing thereon, and shall give immediate notice in writing of such ruling or decision to the applicant or licensee affected thereby, and where the investigation or hearing shall have been instituted by complaint filed, to the party or parties by whom the complaint was made, the notice to be given by registered mail to the last-known address of the person to whom the same is sent.
κ1955 Statutes of Nevada, Page 551 (CHAPTER 330, AB 121)κ
render a decision on any complaint within 60 days from the final hearing thereon, and shall give immediate notice in writing of such ruling or decision to the applicant or licensee affected thereby, and where the investigation or hearing shall have been instituted by complaint filed, to the party or parties by whom the complaint was made, the notice to be given by registered mail to the last-known address of the person to whom the same is sent. If such ruling shall be to the prejudice of, or shall injuriously affect, the licensee, the board shall also state in such notice the date upon which the ruling or decision shall become effective, which such date shall not be less than 30 days from and after the date of the notice.
The ruling or decision of the board shall be final when in favor of the licensee. If against the licensee, the licensee may, within 10 days from the date of the decision, appeal therefrom to the district court of the State of Nevada, in and for the county in which the party adversely affected by the decision resides, under the terms of this act, by serving upon the duly elected president or secretary-treasurer of the board a notice of such appeal, and a demand in writing for a certified transcript of all the papers on file in the office of the board affecting or relating to the decision, and all the evidence taken on the hearing, and paying not more than 50 cents for each folio of the transcript and $1 for the certification thereof. Thereupon, the secretary-treasurer, or in his absence or inability to act the president of the board, shall, within 30 days, make and certify such transcript, and the appellant shall, within 5 days after receiving the same, file the same and the notice of appeal with the clerk of the court. Upon the hearing of the appeal, the burden of proof shall be upon the appellant, and the court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the action of the board from which the appeal is taken, but shall be limited solely to a consideration and determination of the question whether there has been an abuse of discretion on the part of the board in making such decision.
The decision of the board shall not take effect until 30 days after its date, and if notice of appeal and demand for transcript are served upon the board in accordance with the provisions of this section, then such stay shall remain in full force and effect until decision upon appeal by the district court; but if the aggrieved party shall fail to perfect his appeal as herein provided, the stay shall automatically terminate.
After the revocation of any license by the board as herein provided, no new license shall be issued to the same licensee within a period of 1 year from and after the date of such revocation, nor at any time thereafter except in the sole discretion of the board, and then only provided that the licensee satisfies all the requirements for an original licensure.
The board shall at least semiannually publish a list of the names and addresses of all licensees licensed by it under the provisions of this act, and of all applicants and licensees whose licenses have been refused, suspended or revoked within 1 year, together with such other information relative to the enforcement of the provisions of this act as it may deem of interest to the public.
κ1955 Statutes of Nevada, Page 552 (CHAPTER 330, AB 121)κ
information relative to the enforcement of the provisions of this act as it may deem of interest to the public. One of such lists shall be mailed to the county clerk in each county of the state and shall be filed by the county clerk as a public record. Such lists shall also be mailed by the board to any person in this state upon request.
The board, or any member thereof, may prefer a complaint for violation of section 1 of this act before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.
Any court of competent jurisdiction shall have full power to try any violation of this act, and upon conviction the court may, at its discretion, revoke the license of the person so convicted, in addition to imposing the other penalties herein provided.
Whenever the board believes from evidence satisfactory to it that any person has violated or is about to violate any of the provisions of this act, or any order, license, permit, decision, demand, or requirement, or any part or provision thereof, it may bring an action, in the name of the board, in the district court of the State of Nevada, in and for the county wherein such person resides, against such person to enjoin the person from continuing the violation or engaging therein or doing any act or acts in furtherance thereof. In this action an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order shall be granted without at least 5 days notice to the opposite party.
Sec. 7. Section 8 of the above-entitled act, being chapter 154, Statutes of Nevada 1949, at page 332, is hereby amended to read as follows:
Section 8. No provision of this law shall be construed as prohibiting gratuitous nursing by friends or of members of the family, or as prohibiting the incidental care of the sick by domestic servants or persons primarily employed as housekeepers as long as they do not practice nursing within the meaning of this act, or as prohibiting nursing assistance in the case of an emergency, nor shall it be construed as prohibiting the practice of nursing by students enrolled in accredited schools of professional nursing or in schools of practical nursing, or by graduates of such schools or courses pending the results of the first licensing examination scheduled by the board following such graduation, nor shall it be construed as prohibiting the practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him or her to accompany and care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length; provided, such person does not represent or hold himself or herself out as a nurse licensed to practice in this state, nor shall it be construed as prohibiting the practice of any legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency thereof, while in the discharge of his or her official duties; provided, however, that the provisions of this act shall not be construed as applying to employees of licensed general hospitals performing their duties therein under the supervision of a licensed professional nurse or nurses.
κ1955 Statutes of Nevada, Page 553 (CHAPTER 330, AB 121)κ
of this act shall not be construed as applying to employees of licensed general hospitals performing their duties therein under the supervision of a licensed professional nurse or nurses.
Sec. 8. Section 10 of the above-entitled act, being chapter 154, Statutes of Nevada 1949, at page 332, is hereby amended to read as follows:
Section 10. If any section, subsection, paragraph, sentence, clause, phrase, or requirement of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The legislature hereby declares that it would have passed this act, and each section, subsection, paragraph, sentence, clause, phrase, and requirement thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or requirements be declared unconstitutional.
Sec. 9. This act shall become effective upon passage and approval.
________
Senate Bill No. 249Senator Johnson
CHAPTER 331
AN ACT to amend an act entitled An Act providing for salaries of elective state officers; providing for salaries, compensation and employment of other officers and employees in the various state offices, departments, boards, commissions and agencies of the State of Nevada; repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 27, 1953.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 38 of the above-entitled act, being chapter 295, Statutes of Nevada 1953, at page 469, is hereby amended to read as follows:
Section 38. Public Employees Retirement Board. The annual salary of the executive secretary of the public employees retirement board shall be fixed by the public employees retirement board.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 554κ
Senate Bill No. 127Senators Whitacre, Brown and Seevers
CHAPTER 332
AN ACT appropriating moneys for the support and maintenance of the Lost City museum for the biennium ending June 30, 1957; providing that the superintendent of the state department of buildings and grounds supervise the expenditure; authorizing the governor to accept the deed for the property upon which the Lost City museum is built; and other matters properly relating thereto.
[Approved March 28, 1955]
Whereas, The Lost City museum in Overton, Nevada, was built in 1933 through the efforts of the local citizens for the purpose of housing and exhibiting the relics of various ancient Indian cultures found in southern Nevada; and
Whereas, Robert E. Lee of Overton, Clark County, Nevada, has by grant, bargain and sale deed conveyed to the State of Nevada, for a state museum and state park only, the following described real property:
That portion of the SE 1/4 of the NE 1/4 of section 24, township 16 south, range 67 east, M.D.B.&M. more particularly described as follows: Beginning at a point, the intersection of the north line of said SE 1/4 of the NE 1/4 of section 24 and the southwesterly right of way line of the St. Thomas branch of the L.A.&S.L. Ry. Co., from whence the northeast corner of said SE 1/4 of the NE 1/4 of section 24 bears N 89°-59′ E 847 feet; thence S 89°-59′ W, 489 feet along the north line of said SE 1/4 of the NE 1/4 of section 24 to the northwest corner of said SE 1/4 of the NE 1/4 of section 24; thence S 00°-43′ E, 240 feet along the west line of said SE 1/4 of the NE 1/4 of section 24 to a point; thence S 87°-05′ E, 391.2 feet to a point; thence S 74°-35′ E, 143.5 feet to a point; thence N 68°-00′ W, 308.7 feet along said right of way line to the place of beginning and containing 3.534 acres, more or less.
Whereas, The deed was recorded on April 1, 1953, and there has been no agency or person authorized to accept the deed to the above-described property; and
Whereas, The deed conveys to the State of Nevada the site upon which the Lost City museum is built; and
Whereas, The 1953 legislature appropriated $9,000 for the support and maintenance of the Lost City museum; and
Whereas, The funds so appropriated were placed at the disposal of the superintendent of the state department of buildings and grounds; now, therefore,
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 to accept the deed heretofore referred to and shall file with the county recorder of Clark County a notice of acceptance by the State of Nevada, by and through the governor, of the deed to the property upon which the Lost City museum is built.
Sec. 2. For the biennium beginning July 1, 1955, and ending June 30, 1957, there is hereby appropriated from any money in the state treasury not otherwise appropriated, the sum of $12,000 for the support and maintenance of the Lost City museum in Clark County, Nevada.
κ1955 Statutes of Nevada, Page 555 (CHAPTER 332, SB 127)κ
30, 1957, there is hereby appropriated from any money in the state treasury not otherwise appropriated, the sum of $12,000 for the support and maintenance of the Lost City museum in Clark County, Nevada. The funds provided in this act shall be expended on and for the museum by the superintendent of the state department of buildings and grounds for its support and maintenance, and shall be paid out on claims as other claims against the state are paid.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 258Senators Brown and Lemaire
CHAPTER 333
AN ACT to amend an act entitled An Act to provide for the appointment of guardians and to prescribe their duties, approved March 11, 1899.
[Approved March 28, 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 55, Statutes of Nevada 1899, at page 70, also designated as sections 9495 to 9543, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 25.5, which shall immediately follow section 25 and shall read as follows:
Section 25.5. Notwithstanding any other provision of this act to the contrary, in the case of the sale of personal property by the guardian, the court or judge, for good cause shown, may extend or shorten any of the time prescribed in this act for notice by citation to the next of kin of the ward and other persons interested in the estate, or such court or judge may order that such notice be dispensed with entirely or given in some other manner.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 456Committee on Judiciary
CHAPTER 334
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 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 27.1 of the above-entitled act, being sections 1100 to 1212, inclusive, N.C.L. 1929, as added by chapter 39, Statutes of Nevada 1955, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 556 (CHAPTER 334, AB 456)κ
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 30 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 20 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 27.7, which shall immediately follow section 27.6 and shall read as follows:
Section 27.7. A petition shall be sufficient for the purpose of this act, if it is in the required form, has at least the required number of qualified signers, is verified as required and is filed with the city clerk. It shall be sufficient to require submission of the question to the voters at the general election, if the council rejects or fails to adopt such petition within the required time, or if the mayor vetoes the petition, and if the petition is filed on or before 50 days prior to the general election. The council may cause the question of any such petition to be submitted to the voters at a general election when any such petition is filed with the clerk 30 days prior to such election.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 457Committee on Judiciary
CHAPTER 335
AN ACT to amend an act entitled An Act regulating the registration of electors for general, special, and primary elections, providing penalties for the violation hereof, approved March 27, 1917.
[Approved March 28, 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 231, Statutes of Nevada 1917, at page 425, also designated as sections 2360 to 2393, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 12.1, which shall immediately follow section 12 and shall read as follows:
Section 12.1. 1. As used in this act, the phrase services of the United States means the enlistment or induction of an elector into any of the following services:
κ1955 Statutes of Nevada, Page 557 (CHAPTER 335, AB 457)κ
(a) The Armed Forces of the United States and the auxiliaries thereof, including the Coast Guard.
(b) The merchant marine service of the United States.
(c) Civilian employment by the Government of the United States beyond the boundaries of the State of Nevada and the District of Columbia.
(d) Religious groups and welfare agencies officially attached to and serving with the Armed Forces of the United States. Such groups or agencies shall be certified as being officially attached to the Armed Forces by the proper officer or department of the United States to the secretary of state of the State of Nevada who shall thereupon transmit such certification to the respective county clerks.
2. Any elector of this state who has not registered to vote in this state, or who has registered but such registration has been canceled, and who contemplates enlisting in, or has been inducted into, the services of the United States may, at any time, appear before the county clerk of the county of his residence or the deputy registrar thereof and register as a qualified voter as provided by law. It shall be the duty of the county clerk or the deputy registrar to accept such registration and cause the same to be filed.
Sec. 2. The above-entitled act, being chapter 231, Statutes of Nevada 1917, at page 425, also designated as sections 2360 to 2393, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 12.2, which shall immediately follow section 12.1 and shall read as follows:
Section 12.2. 1. Any elector of this state who has enlisted in, or has been inducted into, any of the services of the United States as defined in this act, and by reason thereof is beyond the boundaries of this state, and who has not theretofore registered as a qualified voter or whose registration has been canceled, may, at any time, so notify the county clerk of his county by letter, post card, telephone or telegram and request that affidavit of registration forms be forwarded to him at the address he gives. The county clerk, if satisfied that the elector is eligible for registration, shall immediately forward the affidavit and, upon receipt of its return, shall file and process the same according to law.
2. If any elector provided for in this section makes application to the county clerk for an official absent voters ballot and is not then and there a qualified registered voter of record, the county clerk, if he is satisfied that the applicant is qualified to so register, shall forward to the applicant, along with the official absent voters ballot, the affidavit of registration form, together with instructions to the applicant not to enclose the affidavit in the sealed envelope containing the voted official absent voters ballot, but to enclose it in the mailing envelope addressed to the county clerk.
3. The affidavit of registration may be sworn to by the applicant before any available notary public, or before any commissioned officer in the manner that now is, or may hereafter be, provided for in an act entitled An Act to provide for the taking of acknowledgments and the administering of oaths or affirmations by commissioned officers in active service of the armed forces of the United States, both within or without the United States, approved March 24, 1943, and being chapter 145, Statutes of Nevada 1943.
κ1955 Statutes of Nevada, Page 558 (CHAPTER 335, AB 457)κ
act entitled An Act to provide for the taking of acknowledgments and the administering of oaths or affirmations by commissioned officers in active service of the armed forces of the United States, both within or without the United States, approved March 24, 1943, and being chapter 145, Statutes of Nevada 1943.
Sec. 3. The above-entitled act, being chapter 231, Statutes of Nevada 1917, at page 425, also designated as sections 2360 to 2393, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 12.3, which shall immediately follow section 12.2 and shall read as follows:
Section 12.3. In the event the spouse or any dependent of an elector provided for in section 12.2 of this act is a qualified elector of this state but has not been registered, or their registration has been canceled, and such spouse or any dependent of the elector is required, by reason of the enlistment in or induction into the services of the United States of the elector, to reside beyond the boundaries of this state, they, or either of them, may request the county clerk or deputy registrar of the proper county to forward affidavits of registration and they may register in the manner and form provided in section 12.2 of this act.
Sec. 4. Section 16 of the above-entitled act, being section 2375, N.C.L. 1929, as last amended by chapter 301, Statutes of Nevada 1953, at page 495, is hereby amended to read as follows:
Section 16. Immediately after every general November election the county clerk of each county shall compare with the official register of said precinct on file in his office, the list of electors who have voted at such election in each precinct, as shown by the official poll book returned by said inspectors of election of each precinct to the county clerk, and he shall remove from the official register the affidavits of registration of all electors who have failed to vote at such election, and those who have voted by absent voters ballots except state and federal officers and attaches, and members of their immediate family, the electors, their spouses and dependents as provided in sections 12.1 and 12.3 of this act, shall mark each of the said affidavits with the word Canceled, and shall place such canceled affidavits for the entire county in alphabetical order in a separate drawer to be known as the canceled file, but any elector whose affidavit is thus removed from the official register may reregister in the same manner as his original registration was made, and the affidavit of registration of any elector who thus reregisters shall be filed by the county clerk in the official register in the same manner as the original affidavits of registration are filed. The county clerk shall at the same time cancel, by drawing a red line through the entry thereof, the name of all such electors who have failed to vote at such election.
________
κ1955 Statutes of Nevada, Page 559κ
Assembly Bill No. 458Mineral County Delegation
CHAPTER 336
AN ACT authorizing the city council of the city of Hawthorne, Mineral County, Nevada, to issue and sell bonds for the purpose of extending and improving the water system of the city of Hawthorne; providing for the payment thereof and the interest thereon from revenue derived from users of such water system; providing for the duties of certain officers in connection therewith; and providing that such bonds shall not be issued until approved by a majority of the electors voting thereon at the next city election in the city of Hawthorne; and other matters relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The city council of the city of Hawthorne, Mineral County, Nevada, is authorized and empowered to prepare, sell and issue the negotiable coupon bonds of the city of Hawthorne, Mineral County, Nevada, in an amount not exceeding $75,000, exclusive of interest, for the purpose of effecting extensions and improvements to the water system of the city of Hawthorne. The bonds shall be known as city of Hawthorne water system improvement bonds.
Sec. 2. The bonds shall be prepared in denominations of not less than $500 and shall be numbered consecutively. They shall be made payable in lawful money of the United States, and they shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the mayor of the city of Hawthorne and countersigned by the clerk of the city council of the city of Hawthorne. The bonds shall bear interest at a rate not to exceed 5 percent per annum, payable annually on the first Monday in July of each year, commencing with the first Monday of July 1956. The bonds shall be redeemed and retired consecutively in the order of their issuance, commencing not later than the first Monday in July 1957, and annually thereafter on the first Monday in July of each year until the whole of the bonds shall be redeemed and retired. In no case shall any bond run for a longer period than 20 years from the date of issue. Subject to the foregoing provisions contained in this section, the city council of the city of Hawthorne shall fix the principal amounts and the various maturities of the bonds issued.
Sec. 3. The city council is hereby authorized to negotiate the sale of the bonds or such number of them from time to time as the council may deem necessary, at not less than their par value, to the highest responsible bidder, or by private sales, and may reject any or all bids; provided, however, that none of the bonds shall be sold after 2 years from the effective date of this act.
Sec. 4. The proceeds from the sale of such bonds shall be placed in a special fund in the treasury of the city of Hawthorne to be known as the city of Hawthorne water system improvement fund, which shall be used only for the purpose of carrying out the provisions of this act.
κ1955 Statutes of Nevada, Page 560 (CHAPTER 336, AB 458)κ
be used only for the purpose of carrying out the provisions of this act. No part of such fund shall ever be transferred to any other fund.
Sec. 5. To provide for the payment of such bonds and the interest thereon, the city council of the city of Hawthorne shall cause to be levied a monthly rate or charge for water for domestic, commercial and industrial purposes provided through such system sufficient to pay the interest on the bonds and to pay and retire the bonds in consecutive order as the same become due until all of such bonds and the interest thereon shall have been paid and retired, which charges shall be in addition to any other rates or charges authorized by law. The moneys so collected shall be placed in the city of Hawthorne water system improvement bond interest and redemption fund, and no part of such fund shall be used for any purpose other than paying interest on and redeeming the bonds provided for in this act. The rates and charges so levied shall, from the date of levying thereof, constitute a lien upon the respective lots or parcels of land and improvements so levied against, and shall be charged against the persons and property until paid. In the event such rate or charge is not paid, suit may be commenced for the collection thereof in the name of the city of Hawthorne in the same manner as any other action for money owed to such city, and the court shall order the property, or sufficient thereof to cover the amount of the judgment and costs, to be sold.
Sec. 6. Whenever the treasurer of the city of Hawthorne shall pay and redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof Paid, together with the date of such payment, and deposit the same with the clerk of the city of Hawthorne. Such canceled bonds shall be deposited in the records of the city of Hawthorne, and a record of such cancellation and deposit shall be made in the minutes of the city council.
Sec. 7. No interest shall accrue on the bonds, or any of them, after they become due and payable.
Sec. 8. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the rates or service charges hereunder imposed be omitted, until all of the bonds and interest coupons issued hereunder and by virtue hereof shall have been paid in full, as in this act provided.
Sec. 9. At the next regular city election of the city of Hawthorne, to be held on May 3, 1955, the following question shall be submitted to the electors of the city of Hawthorne: Shall the bonds for extending and improving the water system of the city of Hawthorne, in the amount of $75,000, authorized by chapter (insert the chapter number of this act), Statutes of Nevada 1955, be adopted?
When the returns of such election have been ascertained and certified, if the majority of the electors voting shall have voted Yes, the bonds authorized by this act may be immediately issued. If the majority of the electors voting shall have voted No, this act shall cease to be of any effect whatsoever and the bonds authorized hereby shall not be issued.
Sec. 10. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 561κ
Assembly Bill No. 463Mineral County Delegation
CHAPTER 337
AN ACT fixing the compensation of certain officers of Mineral County, Nevada; fixing the number of deputies and other employees; providing for travel expenses; repealing certain acts in conflict herewith, and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following named officers of Mineral County shall receive in full payment, for all services rendered by them, the compensation fixed by the board of county commissioners within the minimum and maximum amounts as follows:
1. The sheriff shall receive a salary of not less than $4,200 nor more than $4,800 per annum. The sheriff may appoint one undersheriff who shall be entitled to receive not less than $3,960 nor more than $4,200 per annum, and one woman deputy who shall serve as matron and office stenographer at a salary of not less than $3,000 nor more than $3,300 per annum.
2. The county recorder and ex officio auditor shall receive a salary of not less than $4,200 nor more than $4,800 per annum. The recorder and ex officio auditor may appoint a deputy at a salary of not less than $3,000 nor more than $3,600 per annum.
3. The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners shall receive a salary of not less than $4,200 nor more than $4,800 per annum. The county clerk and ex officio treasurer, clerk of the district court and clerk of the board of county commissioners may appoint a chief deputy at a salary of not less than $3,000 nor more than $3,600 per annum.
4. The county assessor shall receive a salary of not less than $4,200 nor more than $4,800 per annum. The county assessor may appoint a deputy at a salary of not less than $3,000 nor more than $3,600 per annum.
5. The district attorney shall receive a salary of not more than $4,200 per annum, which shall be his compensation in full for all services, except he may be allowed such additional sums for necessary expenses incurred, as the board of county commissioners shall authorize and approve. The district attorney may employ one office stenographer at a salary not to exceed $3,300 per annum.
6. The county commissioners of Mineral County shall receive the sum of $1,800 per annum, and such travel expenses as are now allowed by law for the payment of state officials.
Sec. 2. The county commissioners are authorized and directed to allow to county officials their travel expenses, when traveling on necessary county business, at the same rate as state officials are allowed when they are traveling on official business.
Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed, and specifically repealed hereby are chapter 16, Statutes of Nevada 1949; chapter 166, Statutes of Nevada 1951; and chapter 193, Statutes of Nevada 1953.
κ1955 Statutes of Nevada, Page 562 (CHAPTER 337, AB 463)κ
Nevada 1949; chapter 166, Statutes of Nevada 1951; and chapter 193, Statutes of Nevada 1953.
Sec. 4. This act shall become effective on the first day of the first month following its passage and approval.
________
Assembly Bill No. 464Clark County Delegation
CHAPTER 338
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 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended by chapter 105, Statutes of Nevada 1953, at page 104, is hereby amended to read as follows:
Section 10. Mayor, Commissioners, and Municipal Judge-Salary of. From and after the first Monday of April, 1955, the elected city officials of the city of Las Vegas shall receive the following salaries and compensations: The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of $2,400 per annum; each of the commissioners shall receive the sum of $1,800 per annum; the city attorney shall receive such sum as may be determined by the mayor and board of commissioners which shall not be less than $6,000 nor more than $7,500 per annum; the judge of the municipal court shall receive such sum as may be determined by the mayor and board of commissioners which shall not be less than $3,600 nor more than $6,000 per annum; which shall be full compensation for all services rendered said city.
Sec. 2. This act shall become effective on April 1, 1955.
________
Assembly Bill No. 466Washoe County Delegation
CHAPTER 339
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 28, 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 180, Statutes of Nevada 1949, at page 372, is hereby amended by adding thereto a new section designated as section 1.03, which shall immediately follow section 1.02 and shall read as follows:
κ1955 Statutes of Nevada, Page 563 (CHAPTER 339, AB 466)κ
section designated as section 1.03, which shall immediately follow section 1.02 and shall read as follows:
Section 1.03. The city council shall have the power to extend the exterior boundaries or limits of the city so as to annex or include therein additional lands with the tenements, property and inhabitants thereof, by the passage of an ordinance declaring the territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the city council to annex the territory.
When the city council deems it necessary to annex additional territory to the city of Sparks, and the inhabitants of the territory have not petitioned for annexation, the city council shall pass a resolution declaring its intention to annex the territory, describing the territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk, and notice to be given as to the time when the city council shall hear objections to the annexation of the territory on the part of the freeholders residing therein, and the residents of the city. The notice shall be published twice during 1 week in a newspaper in the city of Sparks, and shall be posted in at least three public places in the district to be annexed, and shall be mailed to all known freeholders in the district sought to be annexed, citing them to appear and show cause, on the date named, why the land should not be annexed to the city, and giving the reasons why the land should be annexed to the city. After the hearing, if a majority of the freeholders residing in the territory sought to be annexed do not protest, the city council shall pass an ordinance declaring the property to be annexed to, and be a part of, the city of Sparks, and shall order a plat showing the territory to be recorded in the office of the county recorder of Washoe County, and the territory shall then be a part of the city of Sparks and subject to all taxes and laws thereof.
If a majority of the freeholders in the territory sought to be annexed protest against the annexation of the territory, a unanimous vote of the city council shall be required to pass the ordinance annexing the territory to the city of Sparks.
Sec. 2. Section 4 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 395, as amended by chapter 111, Statutes of Nevada 1953, at page 112, is hereby amended to read as follows:
Section 4. There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of the city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance.
κ1955 Statutes of Nevada, Page 564 (CHAPTER 339, AB 466)κ
all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the council not exceeding $6,000 per annum payable semimonthly. He shall be a bona fide resident of the city of Sparks for at least three years prior to his election and a taxpayer therein.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 471Committee on Roads and Transportation
CHAPTER 340
AN ACT to amend an act entitled An Act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada, and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing liability insurance in certain cases, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts, and other matters properly connected therewith, approved March 23, 1933.
[Approved March 28, 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 section 4437.16, 1929 N.C.L. 1941 Supp., as last amended by chapter 219, Statutes of Nevada 1945, at page 390, is hereby amended to read as follows:
Section 17. Every person, as defined in this act, operating motor vehicles, as defined in this act, in the carriage of persons and/or property for hire, or as a private carrier, as defined in this act, shall before commencing the operation thereof and annually thereafter, secure from the public service commission of Nevada a license for each and every such motor vehicle to be operated, and make payments therefor as hereinafter provided. The license herein provided shall be secured on or before the first day of July of each year and becomes delinquent on the first day of July of each year. The license fee imposed by this act shall be reduced one-twelfth (1/12) for each month which shall have elapsed since the beginning of each fiscal year, on all motor vehicles to be licensed after the end of July of each year, except taxicabs, motor convoy carriers and private carriers of property who are eligible to secure the annual license for twenty-five ($25) dollars as provided in this act.
κ1955 Statutes of Nevada, Page 565 (CHAPTER 340, AB 471)κ
shall be reduced one-twelfth (1/12) for each month which shall have elapsed since the beginning of each fiscal year, on all motor vehicles to be licensed after the end of July of each year, except taxicabs, motor convoy carriers and private carriers of property who are eligible to secure the annual license for twenty-five ($25) dollars as provided in this act. On and after January 1 of each year taxicabs and private carriers of property who are eligible to secure the annual license for $25, as provided in this act, shall pay $12.50.
Sec. 2. The above-entitled act, being sections 4437 to 4437.27, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 17.1, which shall immediately follow section 17 and shall read as follows:
Section 17.1. Notwithstanding the provisions of any other section of this act, the licenses provided for in this act shall be issued on a fiscal year basis, commencing July 1 of each year, on and after July 1, 1956, and all references to calendar years or months shall be deemed to refer to fiscal years or the corresponding month of a fiscal year unless the context clearly indicates the contrary meaning.
Sec. 3. The above-entitled act, being sections 4437 to 4437.27, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 17.2, which shall immediately follow section 17.1 and shall read as follows:
Section 17.2. Notwithstanding the provisions of section 17 or any other section of this act, all licenses issued for the calendar year 1955 shall become delinquent on January 1, 1956. Licenses for the 6-month period commencing January 1, 1956, and ending June 30, 1956, or any portion thereof, shall be secured from the commission upon the payment of one-half the fees provided for by this act. For the 6-month period, the commission shall issue suitable devices in lieu of license plates as provided by this act, and the commission may make appropriate rules and regulations for the use and display of such devices on vehicles licensed hereunder for such period. License plates for the calendar year 1955, together with the validating devices herein provided for, may be issued by the commission as necessary during such 6-month period.
This section shall expire by limitation on June 30, 1956.
________
κ1955 Statutes of Nevada, Page 566κ
Assembly Bill No. 315Committee on Fish and Game
CHAPTER 341
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 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 101, Statutes of Nevada 1947, at page 349, as last amended by chapter 356, Statutes of Nevada 1953, at page 666, is hereby amended to read as follows:
Section 20. For the purposes specified in this act, the State of Nevada is divided into separate and distinct districts for the protection and preservation of fish and game on the land and in the water. Said enumeration and classification and the specification of the first and last day of the open or of the closed season found in sections 21 and 27 of this act, respecting fishing, or sections 57 to 64, inclusive, respecting hunting, shall not prohibit the state fish and game commission or the respective county game management boards from taking any of the following steps by general rules and regulations or in specific instances and giving public notice thereof as is elsewhere in this act provided:
(1) The creation of districts embracing other or different combinations of counties or parts of counties; provided, that where a district embraces more than one county or parts of more than one county, such district shall only be created upon the unanimous approval of the county boards of each county involved;
(2) The creation of districts embracing contiguous territory located in more than one county irrespective of county boundary lines;
(3) Establishing from time to time the day of the year when an open season shall begin or end in such manner as not to discriminate between residents and nonresidents of this state; but nonresident hunting seasons may be created by the commission by periods and the fact of such creation shall not be construed as being discriminatory against nonresident hunters, except that no open season shall be longer than the period of time now fixed by law, but may be shorter.
κ1955 Statutes of Nevada, Page 567 (CHAPTER 341, AB 315)κ
the period of time now fixed by law, but may be shorter. The commission with the approval of the county board or boards in the county or counties affected may extend the open season or establish a special season in any one year in case of emergency arising from overpopulation in respect of any species of game, or for the proper game management and control;
(4) Regulating fishing for catfish, black bass, carp and other coarse fish, within discretion as to the beginning, ending, or period of duration of any open season and otherwise and as an exception to the existing provisions of law;
(5) Making such provisions for the licensing of fishing in Lake Mead, Lake Mohave and the Colorado River, as may be deemed convenient to promote reciprocity and uniformity between Nevada and adjoining states and more efficient and harmonious law enforcement;
(6) Exercising such control on state and county levels through regulations of the state commission and the respective county game management boards as may in the judgment of the said bodies best conserve the fish resources of the state as a whole and of the respective counties and promote the equitable distribution of fish and fishing opportunities among the people of the respective communities of this state.
(7) Providing supervision and control throughout this state over all orders closing the open season temporarily or permanently on the score of emergency imperiling the preservation and conservation of fish, or otherwise, and requiring the approval of all such orders by the state fish and game commission before they become effective.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 326Messrs. Lambert, Hose, Barr and Wainwright
CHAPTER 342
AN ACT authorizing certain counties to acquire, improve, extend, equip and furnish swimming pools, and to acquire sites and grounds therefor; concerning the incurrence of an indebtedness, the issuance of bonds therefor, the holding of an election to authorize such indebtedness, or such bonds, the levy of general taxes and fees, rates and charges in connection therewith, and the operation and maintenance of such swimming pools; prescribing other details concerning swimming pools, such bonds and such taxes and fees; and concerning other matters properly relating thereto.
[Approved March 28, 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 any county in Nevada, having a population, according to the 1950 United States census, or any subsequent United States decennial census, of between 8,000 persons and 15,000 persons, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, purchase, otherwise acquire, improve, and extend swimming pools, facilities and buildings therefor, to equip and furnish the same, to acquire a suitable site or grounds for any of the facilities, and to issue bonds therefor, at one time, or from time to time.
κ1955 Statutes of Nevada, Page 568 (CHAPTER 342, AB 326)κ
in addition to the powers elsewhere conferred upon the board, to establish, construct, purchase, otherwise acquire, improve, and extend swimming pools, facilities and buildings therefor, to equip and furnish the same, to acquire a suitable site or grounds for any of the facilities, and to issue bonds therefor, at one time, or from time to time.
Sec. 2. Whenever the board of county commissioners shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability demand the creation of a bonded indebtedness, or other obligations, or the making of any contract creating an indebtedness with the United States of America, or any agency or instrumentality, corporation or otherwise thereof, or any other person or corporation, public or private, in excess of $5,000, for any purpose authorized by this act, the board shall order the submission of a question authorizing the issuance of such bonds, other obligations, or the creation of such indebtedness to the qualified electors of the county at an election held for that purpose. Any such election may be held separately, or may be consolidated or held concurrently with any other election held in accordance with the laws of the State of Nevada. The declaration of public interest, necessity or desirability herein required and the provision for the holding of such election may be incurred within one and the same resolution, which resolution, in addition to such declaration of public interest, necessity or desirability, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated costs of the facilities or improvements, as the case may be, the amount of the principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against issuance of bonds, other obligations or the incurring of the proposed indebtedness; provided, however, there shall be a compliance with sections 2643.01 to 2643.05 and 6093 to 6093.04, all inclusive, 1929 N.C.L. 1941 Supp., and all laws amendatory thereof and supplemental thereto, except as herein otherwise provided. Such resolution shall also fix the compensation to be wise provided. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the polling places and shall appoint for each polling place from the electors of each precinct in the county, the officers of such election, consisting of three judges, one of whom shall act as clerk. The board of county commissioners shall, in case of a special election called for the purpose, provide a reasonable time for the registration of elections, the procedures therefor, and notice thereof.
Sec. 3. The board shall prescribe the form of the notice of election, and direct the publication of the same, the first publication to be not less than 30 days prior to the election. The publication shall be once a week for 3 consecutive weeks in at least one newspaper of general circulation in the county.
Sec. 4. The election board shall conduct the elections in the manner prescribed herein, and in the resolution of the board of county commissioners provided, and shall make their returns to the clerk of the board. At any regular or special meeting of the board held within 5 days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.
κ1955 Statutes of Nevada, Page 569 (CHAPTER 342, AB 326)κ
days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.
Sec. 5. In the event that a majority of the ballots of each color is in favor of such proposition, the county shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract, or issue and sell such bonds of the county as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other proposition at subsequent election or elections called for such purposes.
Sec. 6. To carry out the purposes of this act, the board is hereby authorized to issue bonds of the county. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal, substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the board, and the bonds shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. The board of county commissioners may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium as may be determined by the board in the resolution authorizing the issuance of the bonds.
Sec. 7. The board is hereby authorized to sell such bonds from time to time at public or private sale, as the board may determine, for not less than the principal amount thereof and accrued interest. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition of such improvements or facilities and with the authorization, issuance and sale of such bonds.
Sec. 8. The bonds may consist of one or more of the following types of municipal obligations:
κ1955 Statutes of Nevada, Page 570 (CHAPTER 342, AB 326)κ
1. General obligation bonds.
2. General obligation bonds, the payment of which is additionally secured by a pledge of all or a part of the revenues derived from the operation of such recreational facilities and, if so determined by the board, further secured by a pledge of such other funds as may be legally made available for their payment.
3. Revenue bonds payable solely from the revenues to be derived from the operation of such recreational facilities.
Sec. 9. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from ad valorem taxes levied against all the taxable property in the county, including the net proceeds of mines, and so far as legally possible, within the limitations of section 2 of article X of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing. It shall be the duty of the board and of 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 allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein 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. 10. The general obligation bonds authorized to be issued pursuant to the provisions of this act may be additionally secured by a pledge of all or a part of the revenues derived from the operation of such recreational facilities and, upon a determination by the board that further security is required in order to render the bonds marketable, the bonds may be further secured by a pledge of such other funds or revenues of the county as may legally be made available for the payment of such general obligations bonds.
Sec. 11. The revenue bonds authorized to be issued pursuant to the provisions of this act shall be payable solely from the net revenues to be derived from the operation of such recreational facilities, and shall be secured by a pledge of all or a specified part of the net revenues. Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenue pledged to the payment thereof and does not constitute a debt of the county within the meaning of any constitutional or statutory limitation.
κ1955 Statutes of Nevada, Page 571 (CHAPTER 342, AB 326)κ
Sec. 12. In order to insure the payment of the revenue bonds of the county or of the general obligation bonds of the county, the payment of which is additionally secured by a pledge of the revenues of such recreational facilities, the board shall establish and maintain, and from time to time revise a schedule or schedules of fees, rates and charges for services, facilities and commodities rendered by or through the recreational facilities, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board of county commissioners authorizing the issuance of any of the bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 13. The resolution or resolutions providing for the issuance of any such bonds payable from the net revenues of such recreational facilities pursuant to the provisions of this act at the discretion of the board may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this act) as to:
1. The rates, fees, tolls, or charges to be charged for the services, recreational facilities, and commodities of the undertaking;
2. The use and disposition of the revenue of the facilities;
3. The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;
4. The purpose or purposes to which the proceeds of the sale of the bonds may be applied and the use and disposition of such proceeds;
5. Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this act may bring any suit or action on the bonds or on the coupons thereof;
6. A fair and reasonable payment by the county to the account of the facilities for the services or commodities furnished the county or any of its departments by the undertaking;
7. The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such facilities;
8. The insurance to be carried thereon and the use and disposition of insurance moneys;
9. Books of account and the inspection and audit thereof;
10. The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
11. The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;
12. The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this act or duties imposed hereby;
13. A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;
κ1955 Statutes of Nevada, Page 572 (CHAPTER 342, AB 326)κ
bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;
14. The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls, or charges for other services, or commodities of the facilities with the rates, fees, tolls, or charges for other services or commodities afforded by the county; and the discontinuance of the services or commodities afforded by the county, in the event that the rates, fees, tolls or charges for the services or commodities of the facilities are not paid.
Sec. 14. Except for revenue bonds, the maximum bonding limit of any county for such county recreational purposes under the provisions of this act shall be 3 percent of the total last assessed valuation of the taxable property of the county, and no county shall issue bonds for such recreational purposes (excluding revenue bonds) in an amount which will increase the total bonded indebtedness of the county incurred for all purposes to an amount in excess of 10 percent of such valuation.
Sec. 15. The resolution or resolutions providing for the issuance of such bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 16. It shall be legal for the State of Nevada and any of its departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds of moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 17. If any section, subsection, sentence, clause or phrase of this act be, for any reason, held to be invalid, such holding shall not affect the validity of the remaining portion of this act. The legislature of the State of Nevada hereby declares that it would have passed this act and each section, subsection, sentence, clause and phrase thereof separately and irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be invalid.
Sec. 18. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 19. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 573κ
Assembly Bill No. 374Committee on State Institutions
CHAPTER 343
AN ACT providing for remodeling and repair work by the installation of floor covering, metal windows and screen and ceiling repairs at the Nevada state hospital; specifying the duties of the superintendent thereof; making an appropriation therefor; and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury, out of any moneys not otherwise appropriated, the sum of $43,825, for the purpose of new floor covering, ceiling repairs and the installation of metal windows and screens at the Nevada state hospital and for the work, labor, materials and equipment incident thereto. The superintendent of the Nevada state hospital is charged with the duty of carrying out the provisions of this act.
Sec. 2. The superintendent is authorized to employ such artisans, workmen and laborers, as well as supervisory employees, as may be necessary, and is further authorized to purchase such materials and equipment as may be necessary to carry out the provisions of this act.
Sec. 3. The funds hereby appropriated shall be paid out on claims as other claims against the state are paid; all claims, however, first being approved by the superintendent.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 451Committee on Ways and Means
CHAPTER 344
AN ACT appropriating $13,000 to be used for the establishment of a permanent checking station for the use of the Nevada highway patrol and for the purchase and fitting of a mobile checking station for the use of the Nevada highway patrol; designating the manner of and the qualifications upon expenditures made hereunder; and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated, from any money in the state highway fund not otherwise appropriated, for the purpose of establishing permanent checking stations for the use of the Nevada highway patrol, for buildings to house such checking stations and for the purchase and fitting of a mobile trailer designed for use as a mobile checking station and living quarters for personnel manning the checking station, the sum of $13,000. No more than $8,000 shall be used for the establishment of the permanent checking stations and the buildings in which they are to be housed, and no more than $5,000 shall be used for the purchase and fitting of the mobile checking station.
κ1955 Statutes of Nevada, Page 574 (CHAPTER 344, AB 451)κ
be used for the purchase and fitting of the mobile checking station. All expenditures made pursuant to the provisions of this act shall be made with the approval of the public service commission and the director of the Nevada highway patrol, and such expenditures shall be paid out of such appropriation on claims as other claims against the state are paid. Any excess remaining from the appropriation at the completion of the purposes of this act shall revert to the state highway fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 452Committee on Ways and Means
CHAPTER 345
AN ACT 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 28, 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 chapter 133, Statutes of Nevada 1949, at page 254, as last amended by chapter 165, Statutes of Nevada 1953, at page 195, is hereby amended to read as follows:
Section 5. There is hereby created within the public service commission of Nevada a division to be known as the Nevada highway patrol, which shall be composed of the following personnel appointed by the commission:
1 director,
1 inspector,
Not more than 47 additional personnel, of which not more than 39 shall be patrolmen and not more than 8 shall be field agents for the enforcement of the motor vehicle registration act and acts supplementary thereto, the motor vehicle carrier licensing and regulation act and acts supplementary thereto.
The appointed personnel shall be men qualified at the time of their appointment with the knowledge of all traffic laws of this state, the motor vehicle registration and licensing acts, the chauffeurs and drivers licensing act, the motor vehicle carrier licensing and regulation act and all the laws with respect to the imposition and collection of gasoline taxes and use fuel taxes. Personnel of the Nevada highway patrol shall be versed in the laws respecting the powers of police officers as to traffic law violations and other offenses committed over and along the highways of this state, and as to such violations and offenses they shall have the powers of police officers.
κ1955 Statutes of Nevada, Page 575 (CHAPTER 345, AB 452)κ
patrol shall be versed in the laws respecting the powers of police officers as to traffic law violations and other offenses committed over and along the highways of this state, and as to such violations and offenses they shall have the powers of police officers. The salaries of the personnel of the Nevada highway patrol shall be as provided by law, and the personnel shall be paid as other state officers are paid. Travel and subsistence payments shall be paid all personnel as is now or hereafter may be provided by law.
Sec. 2. This act shall become effective on July 1, 1955.
________
Assembly Bill No. 477Committee on Roads and Transportation
CHAPTER 346
AN ACT to amend an act entitled An Act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada, and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing liability insurance in certain cases, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts, and other matters properly connected therewith, approved March 23, 1933.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 7 1/2 of the above-entitled act, being sections 4437 to 4437.27, inclusive, 1929 N.C.L. 1941 Supp., as added by chapter 244, Statutes of Nevada 1949, at page 531, is hereby amended to read as follows:
Section 7 1/2. It shall be unlawful for a taxicab or other passenger motor carrier operating motor vehicles having a seating capacity of eight or more passengers to transport passengers, either with or without compensation, between any point or place within the limits of any city or town in the State of Nevada to any other point of place in the state without having first applied for and received the certificate of public convenience and necessity as provided for in this act. The provisions of this section shall not apply to any private motor vehicle owned and used for personal transportation only.
Sec. 2. This act shall become effective on July 1, 1955.
________
κ1955 Statutes of Nevada, Page 576κ
Assembly Bill No. 421Committee on Building and Construction
CHAPTER 347
AN ACT providing for the relocating and replacing of an 8-inch, cast iron, mechanical joint pipeline from the governors mansion to the state reservoir; specifying duties of the superintendent of the state department of buildings and grounds in relation thereto; making an appropriation therefor; and other matters properly relating thereto.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated, from any money in the state treasury not otherwise appropriated, the sum of $28,600 for the purpose of relocating and replacing an 8-inch, cast iron, mechanical joint pipeline from the governors mansion to the state reservoir near Carson City, Nevada.
Sec. 2. The superintendent of the state department of buildings and grounds is charged with the duty of carrying out the provisions of this act and is authorized to employ such artisans, workmen and laborers, as well as supervisory employees, as may be necessary, and he is further authorized to purchase such materials and equipment as may be necessary to carry out the provisions of this act.
Sec. 3. The funds hereby appropriated shall be paid out on claims as other claims against the state are paid. All claims, however, must first be approved by the superintendent of the state department of buildings and grounds.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 484Committee on Ways and Means
CHAPTER 348
AN ACT to amend an act 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.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5.1 of the above-entitled act, being sections 6542 to 6561, inclusive, N.C.L. 1929, as added by chapter 329, Statutes of Nevada 1953, at page 552, is hereby amended to read as follows:
Section 5.1. There is hereby created within the Nevada tax commission a division to be known as the division of assessment standard, which shall:
1. Contract for the services of competent appraisers who shall, by sampling or otherwise, collect information to be used as a basis from which the Nevada tax commission shall determine with reasonable certainty the ratio of the assessed value of property in each county to the assessed value of property in the remaining counties.
κ1955 Statutes of Nevada, Page 577 (CHAPTER 348, AB 484)κ
which the Nevada tax commission shall determine with reasonable certainty the ratio of the assessed value of property in each county to the assessed value of property in the remaining counties.
2. The formulae and standard procedure so developed shall become the mandatory procedure for the county assessor of each county.
3. Consult with and assist county assessors to develop and maintain standard assessment procedures to be applied and used in all of the counties of the state, to the end that assessments of property by county assessors shall be equal in each of the several counties of this state.
4. Visit a selective cross-section of assessable properties within the various counties in cooperation with the county assessor and examine these properties and compare them with the tax roll and assist the various assessors in correcting any inequalities found to exist with factors of equal value and actual assessed value considered, and place upon the rolls any property found to be omitted from the tax roll.
5. Carry on a continuing study, the object of which is the equalization of property values between counties.
6. Carry on a program of in-service training for county assessors of the several counties of the state, and once during each year hold classes of instruction in assessing procedure for the purpose of bringing each county assessor and his authorized personnel the newest method, procedures and practices in assessing property. Expenses of attending such classes shall be a proper and allowable charge by the board of county commissioners in each county.
7. Continually supervise assessment procedures which are carried on in the several counties of the State of Nevada and advise county assessors in the application of such procedures. The Nevada tax commission shall make a complete written report to each session of the legislature commencing with the 47th session, and which shall include all reports of its activities and findings and all recommendations which it has made to the several county assessors, and the extent to which such recommendations have been followed.
8. Carry on a continuing program to maintain and study the assessment of public utilities and all other property assessed by the Nevada tax commission to the end that such assessment shall be equalized with the property assessable by county assessors.
The Nevada tax commission is hereby empowered to employ a person experienced in the field of property assessments and appraisal, whose title shall be director of the division of assessment standards. The salary of the director shall be fixed by the Nevada tax commission.
The director, with the consent of the commission, may employ such assistants in the field of agricultural and urban property and public utility appraisal and clerical and office help as shall be deemed necessary and advisable to carry out the provisions of this act within the funds appropriated for this purpose.
Sec. 2. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 578κ
Assembly Bill No. 443Elko County Delegation
CHAPTER 349
AN ACT authorizing the board of county commissioners of Elko County to transfer $1,000 to the trustees of the Elko County law library.
[Approved March 28, 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 enabled and authorized to set aside and transfer from county funds in the county treasury the sum of $1,000 to the trustees of the Elko County law library.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 115Mr. Ruedy
CHAPTER 350
AN ACT providing for the relief of J. R. Bradley Company.
[Approved March 28, 1955]
Whereas, J. R. Bradley Company, a corporation, has for many years last past been and still is in business in Reno, Washoe County, Nevada, in the wholesale building materials and supplies business; and
Whereas, During the months of November and December of 1952, J. R. Bradley Company did furnish, on behalf of the University of Nevada, for reconstruction of portions of Lincoln Hall, Manzanita Hall, and the University of Nevada dining hall, building materials and supplies that were reasonably worth $4,485.34; and
Whereas, This claim was presented to the board of examiners on the 10th day of December 1954, and rejected because there were no funds available to pay it; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $4,485.34 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise appropriated, and the state controller is hereby directed to draw his warrant therefor in favor of J. R. Bradley Company, and the state treasurer is hereby directed to pay the same.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 579κ
Assembly Bill No. 173Committee on Building and Construction
CHAPTER 351
AN ACT providing for the purchase of offset printing equipment by the state printer; authorizing the state printer to purchase the equipment; making appropriation therefor, and other matters relating thereto.
[Approved March 28, 1955]
Whereas, The state printing office has not purchased new equipment for almost 40 years; and
Whereas, The State of Nevada has grown and the state government has become more complex; and
Whereas, The complexity of the state government requires a greater volume of printed matter; and
Whereas, The state printing office is financed by a continuing fund and it is not possible under this system to make capital investments; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium beginning July 1, 1955, and ending June 30, 1957, there is hereby appropriated from any money in the state treasury of the State of Nevada, not otherwise appropriated, the sum of $30,000 for the purchase, by the state printer, of new offset printing equipment.
Sec. 2. The state printer is authorized to purchase this equipment so that he may carry out the provisions of this act.
Sec. 3. The funds hereby appropriated shall be paid out on claims as other claims against the state are paid. All claims must be approved by the state printer.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 174Committee on Building and Construction
CHAPTER 352
AN ACT providing for an addition to the state printing building; providing for the purchase of a new furnace therefor; authorizing the state planning commission to supervise the construction thereof; making appropriations therefor; and other matters relating thereto.
[Approved March 28, 1955]
Whereas, There are increased demands now being placed upon the state printer and his staff by the departments and agencies of the State of Nevada for printing; and
Whereas, The state planning board has, in its 6-year plan for construction and development, prescribed that this addition be made in the biennium of 1955 to 1957; and
κ1955 Statutes of Nevada, Page 580 (CHAPTER 352, AB 174)κ
Whereas, The increased facilities would provide the basis for a more modern and efficient print shop; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium beginning July 1, 1955, and ending June 30, 1957, there is hereby appropriated from any money in the state treasury of the State of Nevada, not otherwise appropriated, the sum of $40,000 for the building of an addition to the state printing building of 2,600 square feet of floor space, and for the work, labor and materials incident thereto, and a new furnace to heat the present structure and the new addition provided for herein.
Sec. 2. The Nevada state planning board is hereby charged with the duty of carrying out the provisions of this act relating to the construction of the addition to the state printing office. The state planning board shall employ competent architects, who in turn shall employ competent structural and mechanical engineers in preparing plans and specifications. The state planning board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for construction of the addition to the state printing building. Approved plans and specifications shall be on file, at a place and time stated in the advertisements, for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board, at its discretion, may accept bids on either the whole or on a part or parts of the construction, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction if savings will result thereby, to the lowest qualified bidder thereon; provided, that any or all bids for any good reason may be rejected.
All sealed bids shall be accompanied by a bidders bond of 5 percent of the amount of the bid and the bid shall further show the Nevada state contractors license number of the bidder. If such license number is not so enclosed with the bid, the bid will be rejected. A completion bond for the full amount of the contract shall be furnished by the successful bidder. The time limit covered by such completion bond shall be set by the architect, and based upon standard practice for such work, with the proper penalty therein provided. No exception or extension of time shall be permitted that may be caused by the unavailability of materials. There shall be no substitution of types and qualities of materials normally used in such construction because of the unavailability of materials.
Sec. 3. The funds hereby appropriated shall be paid out on claims as other claims against the state are paid; all claims must be approved by the state planning board.
Sec. 4. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 581κ
Assembly Bill No. 193Mr. Berrum
CHAPTER 353
AN ACT appropriating $1,500 for the support and maintenance of the Genoa Fort Monument for the biennium ending June 30, 1957.
[Approved March 28, 1955]
Whereas, By the provisions of chapter 157, Statutes of Nevada 1947, the Genoa Fort and Stockade and the land upon which it is located was designated as Genoa Fort Monument and as such, was placed under the joint jurisdiction of the state park commission and the board of county commissioners of Douglas County for control and maintenance; and
Whereas, Maintenance and support of our historical monuments is a proper governmental function and for which moneys should be appropriated; 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, 1957, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of $1,500 for the support, maintenance and general improvement of the Genoa Fort Monument.
Sec. 2. The sum of $750 of the moneys herein appropriated may be expended during the period July 1, 1955, to June 30, 1956, and the sum of $750 may be expended of the moneys herein appropriated during the period July 1, 1956, to June 30, 1957.
Sec. 3. The moneys herein appropriated shall be paid out on approval of the state park commission and the board of county commissioners of Douglas County and allowed and paid as other claims against the State of Nevada.
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κ1955 Statutes of Nevada, Page 582κ
Assembly Bill No. 199Mr. Reynolds
CHAPTER 354
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 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 12 of the above-entitled act, being section 4435.11, 1929 N.C.L. 1941 Supp., as last amended by chapter 107, Statutes of Nevada 1953, at page 106, is hereby amended to read as follows:
Section 12. (a) The department shall furnish to every owner whose vehicle shall be registered one number plate for each motorcycle, trailer or semitrailer or other motor vehicle. The commissioner shall have the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner under this act.
(b) Every number plate shall have displayed upon it the registration number assigned to the vehicle and to the owner thereof, also the name of the state, which may be abbreviated, and the year number for which issued, and shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight. The registration numbers assigned for the year 1954 and thereafter shall be coded by counties and consecutively numbered. The code letters shall be at the left of the number plate, according to the counties, as follows: Churchill, CH; Clark, C; Douglas, DS; Elko, EL; Esmeralda, ES; Eureka, EU; Humboldt, HU; Lander, LA; Lincoln, LN; Lyon, LY; Mineral, MN; Nye, NY; Ormsby, OR; Pershing, PE; Storey, ST; Washoe, W; White Pine, WP. Prefix letters which do not duplicate nor conflict with the foregoing code letters may be reserved by the department for number plates assignable to dealers, exempt vehicles, motorcycles, trailers, and trucks, as may be determined; but the letters I and Q shall not be used for any vehicle. Following the county code, or special prefix letter, a series of five or fewer numerals, commencing with 1 to 99,999, shall be used for each county as the need may be.
(c) The department shall issue for every passenger motor vehicle rented without a driver, the same type of number plates as the type of plates issued for private passenger vehicles.
κ1955 Statutes of Nevada, Page 583 (CHAPTER 354, AB 199)κ
(d) The department shall furnish to the county assessor in the applicable county wherein resides a United States senator or congressman, a special license plate or plates showing on the face thereof, U.S.S. 1, in the case of the senior senator, U.S.S. 2, in the case of the junior senator, and M.C. 1, in the case of the congressman. The county assessor shall issue the licenses described to the members of congress on the payment of the license fees as authorized by law.
________
Assembly Bill No. 349Mr. Berrum
CHAPTER 355
AN ACT establishing standards of cutting practice, fire prevention and suppression practices for timber owners or operators conducting logging operations in the State of Nevada; requiring compliance therewith; directing that the state forester firewarden administer this act; granting certain rule-making powers to the state board of forestry and fire control and to the state forester firewarden; setting forth the purpose of this act and defining certain terms used in connection herewith; providing a penalty for violation hereof; and other matters relating thereto.
[Approved March 28, 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 may be cited as the Nevada Forest Practice Act of 1955.
Sec. 2. Definitions. As used in this act, unless the context otherwise requires:
1. Adequately stocked means a stand having sound, thrifty trees well distributed over the growing area (rocky areas, meadows and bodies of water excepted) in which one or a combination of the following listed conditions are met:
(a) 420 trees per acre, 12 inches in height, but less than 4 inches D.B.H. (10 feet average spacing).
(b) 150 trees per acre, 4 to 6 inches D.B.H. (17 feet average spacing).
(c) 75 trees per acre, 8 to 10 inches D.B.H. (24 feet average spacing).
(d) 40 trees per acre, 12 inches D.B.H. or larger (31 feet average spacing).
2. D.B.H. means diameter breast high measured outside the bark at 4.5 feet above average ground level.
3. Dry season means that period of the year from the time fires will spread in the spring until there is no longer danger of spreading in the fall.
4. Lop means severing all limbs from the exposed sides of the unutilized portions of trees felled in harvesting operations so that portions of the severed limbs are in contact with the ground.
κ1955 Statutes of Nevada, Page 584 (CHAPTER 355, AB 349)κ
5. Old growth refers to stands of essentially undisturbed virgin timber on which less than 25 percent of the volume has been removed by cutting, fire or other causes.
6. Operating area shall mean any of the following:
(a) A strip of land 100 feet on each side of the centerline of any private logging truck road.
(b) Any area occupied by or within one-quarter mile of any active logging camp or active sawmill, or upon which construction work is in progress, and owned or controlled by the operator.
(c) That area on which timber or forest operations are being carried on during the current season.
7. Prior-cut refers to stands from which 25 to 70 percent of virgin timber has been removed for at least 10 years by cutting, fire or other causes.
8. Seed tree means a firm coniferous tree with full crown now capable of producing seed.
9. Slash means the needles, twigs, branches or limbs of 4 inches or smaller in diameter left on the ground as a result of logging or other operations.
10. Snag means a standing dead tree or standing section thereof.
11. Thrifty trees means trees with usually long, full, pointed tops and lower limbs frequently dead, but containing very few dead limbs in the upper green portion of the crown. Such trees usually fall within Dunnings tree classes 1 and 2, and Keens tree classes 1a, 1b, 2a and 2b.
12. Young growth refers to stands composed mainly of young thrifty trees from which 70 percent or more of virgin timber has been removed for at least ten years by cutting, fire or other causes.
FOREST PRACTICE
Sec. 3. Statement of Purposes. This act is adopted to establish minimum standards of forest practice and to require compliance therewith by every timber owner or operator; to promote the sustained productivity of the forests of the Sierra Nevada Mountains in Nevada; and to preserve the natural water supply of the state in the interests of the economic welfare of the state.
Sec. 4. State Forester Firewarden to Administer This Act. The state forester firewarden, acting in accordance with the policies adopted by the state board of forestry and fire control, shall administer this chapter, and may exercise all powers necessary to accomplish its purposes and intent.
Sec. 5. Cutting Practices. The cutting practices of every timber owner or operator conducting logging operations within this state shall conform to the following:
1. Areas of old growth timber shall have reserved and left uncut for future crops all sound immature trees 18 inches D.B.H. or less, with an average of not less than 3 satisfactorily located seed trees 18 inches D.B.H. or larger to be left per acre, and no area will be more than one-eighth mile from seed source unless the area is adequately stocked.
κ1955 Statutes of Nevada, Page 585 (CHAPTER 355, AB 349)κ
2. Areas of young growth and prior-cut timber harvested for saw logs and veneer logs shall have reserved and left uncut for future crops all sound immature trees of 18 inches D.B.H. or less, with an average of not less than 3 satisfactorily located seed trees 18 inches D.B.H. or larger to be left per acre, and no area will be more than one-eighth mile from the seed source unless the area is adequately stocked.
3. On areas of young growth and prior-cut timber where forest products other than saw logs and veneer logs are being harvested an adequately stocked stand shall be left.
4. The following may be cut regardless of size:
(a) Trees with dead tops;
(b) Trees with butt burns, with over half of the circumference burned, and exposed wood showing decay;
(c) Trees with bad lightning scars;
(d) Trees infested with insects or disease;
(e) Trees injured or broken during operations;
(f) Trees to be removed for purpose of clearing of right-of-way, landings, campsites or firebreaks;
(g) Excessively crooked trees; and
(h) Suppressed trees with less than 25 percent crown.
Sec. 6. State Board of Forestry and Fire Control to Make Rules. For the purpose of protecting from damage those trees required to be left for reserve and to leave cut-over timberland in a productive condition the state board of forestry and fire control shall make reasonable rules in relation to stump heights, falling of trees, skid trails and skid roads, tractor and truck roads, landings and rigging as they deem wise and necessary.
FIRE PREVENTION AND SUPPRESSION PRACTICES ON LOGGING OPERATIONS
Sec. 7. Fire Prevention and Suppression Practices. The fire prevention and suppression practices of every timber owner or operator conducting logging operations in this state shall conform to the following:
1. All such owners or operators shall fell all snags over 20 feet in height which are 16 inches D.B.H. or larger concurrently with the felling of live merchantable timber on forest lands in this state. However, in salvaging fire-killed or insect-killed timber where the average number of snags, after logging, will be greater than 4 per acre, the owner or operator shall dispose of only an average of 4 snags per acre.
2. All limbs from unutilized portions of trees and reproduction, felled or knocked down by logging or construction, within 100 feet of the traveled surface of any public road and main logging roads shall be lopped and scattered currently in the course of operations. In areas where a timber owner or operator chooses to pile and burn lopped slash, the slash shall be piled and burned where the burning will not damage residual trees or reproduction. The piled slash shall be burned at a safe time as determined by the state forester firewarden. Piles that fail to burn clean shall be repiled and burned. All reasonable precautions shall be taken to confine such burning to the piled slash.
κ1955 Statutes of Nevada, Page 586 (CHAPTER 355, AB 349)κ
Sec. 8. Fire Prevention and Suppression During Fire Season: Practices. Every timber owner or operator operating during the fire season shall have a fire protection organization and program for the prevention and suppression of fires on operating areas. He shall make immediate and continuing attack on all forest fires occurring in his operating area and upon adjacent lands owned or controlled by the operator, employing his normal logging crew and equipment to the extent necessary to suppress such fires, and he shall observe the following practices:
1. Perform loading, equipment servicing, welding and other hazardous operations over bare ground that extends at least 10 feet on all sides from such operations.
2. Obtain permits for blasting from the local forest officer, as required by law. A workman shall remain on the scene for at least 1 hour following any blasting.
3. Each year the owner or operator shall give written notice to the state forester firewarden of his intent to commence logging operations on a specified area, prior to the commencement of operations. The state forester firewarden shall then furnish a standard fire plan form which the operator shall fill out and return to the state forester firewarden not later than 10 days prior to commencement of operations.
The fire plan shall be observed and shall include at least the following:
(a) Names of all personnel having responsibility in fire suppression, indicating their duties and line of authority.
(b) Location and number of men ordinarily available for fire fighting.
(c) Arrangement for receiving reports of fires at any and all times during the dry season, and arrangement for summoning the crew both on and off shift.
(d) Lists showing the type, number and location of tools and equipment reserved for use only on fires, and also, those units of regular operating equipment that may be used for fire fighting.
(e) Legal description of logging area.
The state forester firewarden may promulgate such additional reasonable rules and regulations as he may deem necessary.
Sec. 9. Violation. Any person who shall violate any of the provisions of this act or any of the rules, or regulations made under the authority of this act, shall be guilty of a misdemeanor.
Sec. 10. Chapter 93, Statutes of Nevada 1903, at page 176, also designated as sections 3164 to 3166, inclusive, N.C.L. 1929, is hereby repealed.
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κ1955 Statutes of Nevada, Page 587κ
Assembly Bill No. 348Mr. Berrum
CHAPTER 356
AN ACT to amend an act entitled An Act to promote and encourage the protection of forest and other lands from fire and to authorize cooperation of the state with the federal government and with counties, municipalities, organizations and individuals in providing such protection; creating the office of state forester firewarden and assistant, creating a state board of fire control; providing for the appointment of district fire coordinators; defining the powers and duties of the respective boards; making an appropriation therefor; providing for civil and criminal responsibility in connection with the setting of fires, providing penalties, and repealing all acts and parts of acts in conflict herewith, approved March 22, 1945.
[Approved March 28, 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 149, Statutes of Nevada 1945, at page 235, is hereby amended to read as follows:
Section 3. There is hereby created the state board of forestry and fire control, consisting of 6 members appointed by the governor as follows:
1. One member from the Nevada woolgrowers association;
2. One member from the Nevada state cattlemens association;
3. One member who shall be a representative of the agricultural industry;
4. One member who shall be a representative of users of beneficial water;
5. One member who shall be a representative of the lumber and forest products industry, and
6. One member who shall be a representative of the public at large. Immediately following the effective date of this act, the governor shall appoint one member from the Nevada woolgrowers association and one member from the Nevada state cattlemens association for terms of 2 years. He shall appoint one member who shall be a representative of the agricultural industry and one member who shall be a representative of users of beneficial water for terms of 3 years, and he shall appoint one member who shall be a representative of the lumber and forest products industry and one member who shall be a representative of the public at large for terms of 4 years. Thereafter, appointments shall be for terms of 4 years. All vacancies shall be filled by the governor for the unexpired term.
The duties of the state board of forestry and fire control shall be to represent the interests of the State of Nevada in federal land matters pertaining to forestry and fire control and to protect the interests of the State of Nevada in forest and watershed resources on state and private lands. The board shall determine, establish and maintain an adequate policy of forest and watershed protection. The general policies for the guidance of the office of state forester fire warden shall be determined and designated by the board.
κ1955 Statutes of Nevada, Page 588 (CHAPTER 356, AB 348)κ
The members of the board shall receive no compensation for their services, but shall be entitled to mileage and per diem expenses the same as other state officers. The board shall select a chairman from among its members to serve for 1 year, and the state forester fire warden shall serve as the secretary of the board.
The board shall meet on the last Friday in April and on the 1st Friday in October at any convenient place in the state, and may meet at other times upon call by the secretary of the board.
Sec. 2. Section 4 of the above-entitled act, being chapter 149, Statutes of Nevada 1945, as amended by chapter 248, Statutes of Nevada 1949, at page 543, is hereby amended to read as follows:
Section 4. The duties of the state forester fire warden or his assistant shall be to supervise or coordinate all forestry and watershed work, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, or cities. He shall administer all fire control laws in Nevada outside of townsite boundaries, and such other duties that might be designated by the state board of forestry and fire control or by state law. He shall assist and encourage county or local fire districts to create legally constituted fire districts where they are needed and offer guidance and advice in their operation. He is authorized in carrying out the provisions of this act to appoint such paid fire wardens as he may deem necessary to enforce the provisions of the laws of this state respecting the protection of forests and other lands from fire, subject to approval of the board or boards of county commissioners of the county or counties concerned and when so appointed said fire warden shall have only the police powers necessary to enforce the provisions of such laws.
The state forester fire warden is further authorized to appoint in such number and localities as he may deem proper suitable citizen-wardens who shall have all of the police powers of paid fire wardens. Such citizen-wardens shall serve voluntarily except that they may receive compensation when an emergency is declared by the state forester fire warden or his duly appointed and authorized assistants.
The state forester fire warden is further authorized to appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary fire wardens. Such voluntary fire wardens shall have all of the police powers of paid fire wardens, but they shall receive no compensation for their services.
The state forester fire warden is authorized in carrying out the provisions of this act to employ clerical assistance, county and district coordinators, patrolmen, fire fighters, and other employees as needed, and to expend for travel expenses such sums as may be necessarily incurred for this purpose.
Sec. 3. Section 11 of the above-entitled act, being chapter 149, Statutes of Nevada 1945, at page 237, is hereby repealed.
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κ1955 Statutes of Nevada, Page 589κ
Assembly Bill No. 479Committee on Banks, Banking and Corporations
CHAPTER 357
AN ACT to amend the title of and to amend an act entitled An Act to provide for the incorporation of domestic building and loan associations and companies and certain other domestic associations and companies, to provide for the licensing, examination and regulation of domestic and foreign building and loan associations and companies and certain other associations and companies, authorizing the appointment of receivers in certain cases, providing for distribution of assets by sale where the same are without the State of Nevada, and the incorporation of the assets and the distribution of the stock of such corporation to the creditors, and other matters relating thereto, to prescribe penalties for a violation of the provisions hereof, to create a fund for use in carrying out the administration of this act, and to repeal certain acts and parts of acts in conflict herewith, approved March 4, 1931.
[Approved March 28, 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 51, Statutes of Nevada 1931, also designated as sections 970 to 970.35, inclusive, 1929 N.C.L. 1941 Supp., as amended by chapter 93, Statutes of Nevada 1933, at page 113, is hereby amended to read as follows:
An Act providing for the incorporation of domestic building and loan associations and companies and certain other domestic associations and companies; providing for the licensing, examination and regulation of domestic and foreign building and loan associations and companies and certain other associations and companies; authorizing the appointment of receivers and conservators in certain cases, and setting forth the powers and duties of such receivers and conservators; providing for delivery of remaining assets to permanent stockholders; prescribing penalties for a violation of the provisions hereof; creating a fund for use in carrying out the administration of this act; repealing certain acts and parts of acts in conflict herewith; and other matters properly relating thereto.
Sec. 2. Section 12 of the above-entitled act, being section 970.11, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 12. Whenever an association has on file more withdrawal requests than can be met in full from current funds, it shall apply to the withdrawals one-half of the monthly receipts after first deducting the amount necessary to pay the actual and reasonable expenses incurred in the operation of the association and the protection of its assets and reserves set up by it for cash dividends or interest on its shares or certificates.
Should the one-half fail to retire at least 5 percent of the aggregate withdrawal requests, then such portion of the other one-half shall be applied as shall be necessary to retire 5 percent of the total amount on withdrawal order.
Receipts are construed to mean all funds coming into the hands of the association except borrowed money. Borrowed money shall not be considered receipts for the payment of withdrawals; provided, however, all money borrowed from the federal home loan bank, or from any other federal loan agency, for the purpose of paying withdrawals, may be used for such purpose and shall not be considered as receipts within the restrictions of this section.
κ1955 Statutes of Nevada, Page 590 (CHAPTER 357, AB 479)κ
be considered receipts for the payment of withdrawals; provided, however, all money borrowed from the federal home loan bank, or from any other federal loan agency, for the purpose of paying withdrawals, may be used for such purpose and shall not be considered as receipts within the restrictions of this section. Withdrawals shall be paid in the order of their filing, and no loans or investments shall be made, except by permission of the bank examiner, when any withdrawal request or order has remained on file and unpaid for a period of more than thirty days; provided, any such foreign or domestic association, company or corporation may, without the necessity of obtaining permission of the bank examiner, make or purchase loans or investments not exceeding the principal amount of moneys borrowed by such association, company or corporation from a federal home loan bank or other federal loan agency; and provided further, any such request or order which is not legally payable for reasons other than the restrictions of this section shall not be considered as on file. Whenever applications for withdrawals shall reach such an amount that, in the opinion of the bank examiner, it would be inexpedient to pay such applications in the order of their filing, then, with the written permission of the bank examiner, first had and obtained, so much as may be directed by the bank examiner, of the money available to pay withdrawals, may, each month, be prorated upon the amounts of all applications for withdrawals on file, irrespective of the order of filing. No such organization shall make any loan to or allow any unearned withdrawal of cash to be made by any officer or director of said organization, or make any loan to any firm, company or corporation, of which any officer or director of such loaning organization is also an officer or director, without the written consent of the state bank examiner; provided, however, if any association, company or corporation doing business in this state, under the provisions of this act, which is organized or incorporated under the laws of any governing body other than the State of Nevada, and the laws of such other governing body conflict with any of the provisions of this section of this act, the provisions of the laws of such other governing body shall prevail as to each such conflict; and provided further, whenever any such foreign organization shall hereafter follow a course or perform any act which is forbidden to any domestic organizations under the terms of this section of this act, it shall report to the state bank examiner of this state all of the facts relating thereto.
Sec. 3. The above-entitled act, being sections 970 to 970.35, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto a new section to be designated as section 15.1, which shall immediately follow section 15 and shall read as follows:
Section 15.1. Any domestic association, which now has the words building and loan in its name, may, by filing with the state bank examiner written notice thereof authorized by its board of directors and by otherwise complying with its articles of incorporation, change the word building in its name to the word savings.
Sec. 4. Section 17 of the above-entitled act, being section 970.16, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 591 (CHAPTER 357, AB 479)κ
Section 17. For the issuing of any license provided for in section 14 of this act and for any renewal thereof, the fee of the bank examiner shall be $100 plus 15 cents for each $1,000 of gross assets as of December 31 of each year, and for any license provided for in section 16 thereof and for any renewal thereof, $2. All sums so received by the bank examiner shall be forthwith delivered to the state treasurer and shall be apportioned as hereinafter provided.
Sec. 5. The above-entitled act, being sections 970 to 970.35, inclusive, 1929 N.C.L. 1941 Supp., is hereby amended by adding thereto new sections to be designated as sections 22.1, 22.2, 22.3 and 22.4, which shall immediately follow section 22 and shall read as follows:
Section 22.1. 1. State Bank Examiner May Order Association to Discontinue Certain Practices. If the bank examiner, as a result of any examination or from any report made to him, finds that any association is violating the provisions of its certificate of incorporation or bylaws, or the laws of this state, or of the United States or any lawful order of the state bank examiner, or is practicing deception upon its members, investors or the public, or is pursuing a course that is injurious to the interests of such members, investors or public, or if he is satisfied that its affairs are in an unsafe condition, or if it shall refuse to comply with any lawful order of the state bank examiner, or with any of the provisions of this act, he shall:
(a) Deliver a formal written order to the association stating any alleged violation; and
(b) A statement of the facts alleged to be the violation; and
(c) Direct discontinuance of the violation and conformance with all requirements of law.
2. Conservator. If, within a reasonable time, satisfactory action has not been taken pursuant to the order stated in subsection 1, the state bank examiner, if he believes that the public interest may be served by the appointment of a conservator, is authorized, acting through the attorney general, to notify the association that he intends within 10 days thereafter to apply to the court of general jurisdiction in the county where the association has its principal office for the appointment of a conservator. The association may forthwith appeal to the chairman of the state board of finance requesting a hearing before the board prior to the issuance of any order by the court for the appointment of a conservator. The state board of finance shall thereafter determine whether or not the state bank examiners request is for the public interest. If the board shall so find, it shall approve the order of the state bank examiner and direct the application by the attorney general to the court of general jurisdiction in the county where the association has its principal office. The court thereafter is authorized to appoint a conservator, if it appears that the association:
(a) Is insolvent in that its assets are less than its obligations to its creditors and others, including the members; or
(b) Is in substantial violation of any valid and applicable law or regulation; or
(c) Is concealing any of its assets, books or records.
The state bank examiner, or his deputy, or examiner, or other person may be appointed by the court as conservator, and a certified copy of the order of the court making the appointment shall be evidence thereof.
κ1955 Statutes of Nevada, Page 592 (CHAPTER 357, AB 479)κ
may be appointed by the court as conservator, and a certified copy of the order of the court making the appointment shall be evidence thereof. The conservator shall have the power and authority provided in this act and such other power and authority as may be expressed in the order of the court. The conservator shall endeavor promptly to remedy the situation complained of in the petition for his appointment. Within a 6-month period, the association shall be returned to its board of directors and shall be thereafter managed and operated as if no conservator had been appointed, or a receiver shall be appointed as hereinafter provided. If the state bank examiner, or his deputy, or examiner is appointed conservator, he shall receive no additional compensation, but if another person is appointed, then the compensation of the conservator, as determined by the court, shall be paid by the association. A certified copy of the order of the court discharging the conservator and returning the association to its directors shall be sufficient evidence of the associations regular operation.
3. Powers of Conservators. Any conservator appointed shall have all the rights, powers and privileges possessed by the officers, board of directors, and members of the association but shall require from all clerks and assistants employed, security for the faithful performance of their duties as he may deem proper.
4. Unnecessary Expenses Prohibited. The conservator shall not retain special counsel or other experts, incur any expense other than normal operating expenses, or liquidate assets except in the ordinary course of operations.
5. Removal of Personnel by Conservator. The directors and officers shall remain in office and the employees shall remain in their respective positions, but the conservator may remove any director, officer or employee. The order of removal of a director or officer shall be approved in writing by the state bank examiner.
6. Operation by Conservator. While the association is in charge of a conservator, members and investment certificate holders of the association shall continue to make payments to the association in accordance with the terms and conditions of their contracts. The conservator, in his discretion, may permit account holders to withdraw their accounts from the association pursuant to the provisions of this act or under and subject to such rules and regulations as the state bank examiner prescribes. The conservator shall have power to accept payments on accounts, but any payments upon accounts received by the conservator may be segregated, if the bank examiner so orders in writing. If so ordered, the payments shall not be subject to offset and shall not be used to liquidate any indebtedness of the association existing at the time and conservator was appointed. All expenses of the association during the conservatorship shall be paid by the association.
Section 22.2. Receivership.
1. Appointment of Receiver. If irregularities complained of in an order of the state bank examiner, as provided in section 22.1 of this act, are not corrected, or if any irregularities complained of in a petition for the appointment of a conservator are not corrected, or in case of an emergency, the bank examiner may, if in his judgment the public interest requires it, acting through the attorney general, apply to a court of general jurisdiction in the county of the principal office of any association for the appointment of a receiver.
κ1955 Statutes of Nevada, Page 593 (CHAPTER 357, AB 479)κ
interest requires it, acting through the attorney general, apply to a court of general jurisdiction in the county of the principal office of any association for the appointment of a receiver. The court is authorized to appoint a receiver if it appears that the association is:
(a) Insolvent in that its assets are less than its obligations to its creditors and others, including the members or holders of investment certificates; or
(b) In substantial violation of any valid and applicable law or regulation; or
(c) Concealing any of its assets, books, or records.
The state bank examiner, or his deputy, or examiner, or other person may be appointed by the court as receiver, and a certified copy of the order of the court making the appointment shall be evidence thereof. The receiver shall have the power and authority provided in this act and such other power and authority as may be expressed in the order of the court. If the bank examiner or his deputy or examiner is appointed receiver, he shall receive no additional compensation, but if another person is appointed, then the compensation of the receiver, as determined by the court, shall be paid from the assets of the association.
2. Appointment of Federal Savings and Loan Insurance Corporation as Receiver or Coreceiver. If the association is an insured institution under the National Housing Act, as provided in this act, the Federal Savings and Loan Insurance Corporation shall be tendered appointment as receiver or coreceiver. If it accepts the appointment, it may make loans on the security of or purchase at public or private sale any part or all of the assets of the association of which it is receiver or coreceiver. The loan or purchase must be approved by such court.
3. Procedure Upon Taking Possession of Insured Association.
(a) The state bank examiner may, if he takes possession of any association, the shares or share accounts of which are to any extent insured by the Federal Savings and Loan Insurance Corporation, tender to the corporation the appointment as statutory liquidator of the association. If he does not make a tender, as sole statutory liquidator, he shall tender to the corporation the appointment as statutory coliquidator to act jointly with the state bank examiner. The coliquidatorship shall not be for more than 1 year from the date of tender, at the expiration of which time the commissioner shall become the sole liquidator except as otherwise provided by this section. The state bank examiner shall tender to the corporation the appointment as sole statutory liquidator of the association whenever the corporation has become subrogated to the rights of 90 percent of the liability of the association on shares and share accounts. If the corporation becomes subrogated as to all the shares and share accounts in the association, it may then exercise all the powers and privileges conferred upon it by this act without court approval.
(b) If the corporation accepts the appointment as sole liquidator it shall possess all the powers and privileges of the state bank examiner as statutory liquidator of a possessed savings and loan association and be subject to all duties of the state bank examiner as sole liquidator, except insofar as the powers and privileges or duties are in conflict with federal laws, and except as herein otherwise provided, unless the association resumes business, pursuant to the provisions of this act.
κ1955 Statutes of Nevada, Page 594 (CHAPTER 357, AB 479)κ
except insofar as the powers and privileges or duties are in conflict with federal laws, and except as herein otherwise provided, unless the association resumes business, pursuant to the provisions of this act. If the corporation accepts the appointment as coliquidator, it shall possess such powers and privileges jointly with the state bank examiner and shall be subject to the duties jointly with the state bank examiner.
(c) In the event the corporation accepts the appointment as coliquidator or liquidator, it shall file its acceptance with the state bank examiner and clerk of the district court. The corporation may act without bond. Upon the filing by the corporation of its acceptance of an appointment as sole liquidator, the possession of and title to all the assets, business and property of the association shall vest in the corporation without the execution of any conveyance, assignments, transfer or endorsement. Upon the filing by the corporation of its acceptance of the appointment as coliquidator, the possession and title shall be vested in the state bank examiner and corporation jointly. If the corporation does not qualify as sole liquidator at or before the time provided for the expiration of the coliquidatorship, the corporation shall be wholly divested of the joint title and possession and the sole title and possession shall vest in the state bank examiner. The vesting of title and possession of the property of the association shall not render the property subject to any claims by the federal corporation, except those which are encumbered by it with respect to the association and its property. Whether or not it serves as liquidator or coliquidator, the corporation may make loans on the security of or may purchase with the approval of the court, except as herein otherwise provided, all or any part of the assets of any association, the shares or share accounts of which are to any extent insured by it. In the event of a purchase, the corporation shall pay a reasonable price.
(d) Whether or not the corporation serves as liquidator, whenever it pays or makes available for payment the shares or share accounts of any association in liquidation which are insured by it, it shall be subrogated upon the surrender and transfer to it of the shares or share accounts. The surrender and transfer shall not affect any right which the transferor has in any shares or share accounts which are not paid or made available for payment or any right to participate in the distribution of the net proceeds remaining from the disposition of the assets of such association. The rights of the investors and creditors of the association shall be determined in accordance with the applicable provisions of the laws of this state.
Section 22.3. Associations Right to Resort to Court. Nothing in this act shall be construed to prevent an association or person affected by any order, ruling, proceeding, act or action of the state bank examiner or any person acting in his behalf and at his instance, from testing the validity of the action in any court of competent jurisdiction through injunction, appeal, error, or other proper process or proceeding, mandatory or otherwise.
Section 22.4. Remaining Assets to Permanent Stockholders. Whenever in the case of any association which has issued permanent stock, the state bank examiner or the Federal Savings and Loan Insurance Corporation have fully liquidated all claims other than claims of the stockholders, and have made due provision for any and all known or unclaimed liabilities, excepting claims of permanent stockholders, and have paid all expenses of liquidation, he shall call a meeting of the stockholders of the savings or building and loan association, by giving notice for 30 days in one or more newspapers published in the county in which the principal office of the association is located and by letter to each stockholder to their last-known address.
κ1955 Statutes of Nevada, Page 595 (CHAPTER 357, AB 479)κ
the state bank examiner or the Federal Savings and Loan Insurance Corporation have fully liquidated all claims other than claims of the stockholders, and have made due provision for any and all known or unclaimed liabilities, excepting claims of permanent stockholders, and have paid all expenses of liquidation, he shall call a meeting of the stockholders of the savings or building and loan association, by giving notice for 30 days in one or more newspapers published in the county in which the principal office of the association is located and by letter to each stockholder to their last-known address. At the meeting the state bank examiner shall deliver to the stockholders all the property and effects of the association remaining in his possession, except its records, which shall be retained by him as part of the records of his office. Upon transfer and delivery he shall be discharged from any and all further liability to the association or its creditors and thereafter the association shall be in the same position as though it had never been authorized to transact a savings or building and loan business.
Sec. 6. Sections 23, 24, 25, 26, 27, 28, 29 and 29a of the above-entitled act, being sections 970.22 to 970.29, inclusive, 1929 N.C.L. 1941 Supp., are hereby repealed.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 473Committee on Ways and Means
CHAPTER 358
AN ACT appropriating the sum of $3,000 for construction of three additional fire escapes on the state capitol and annex, and other matters relating thereto.
[Approved March 28, 1955]
Whereas, The state capitol was examined by a reputable consulting engineer immediately after the earthquake of December 16, 1954; and
Whereas, Such examination not only revealed earthquake damage and structural defects but also extensive fire hazard in the entire attic area; and
Whereas, There are only two fire escapes serving the second floor of the main building and none serving the second floor of the annex; and
Whereas, In the case of fire the lives of many persons on the second floors of the main building and the annex would be safeguarded by the construction of additional fire escapes; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of $3,000 for the use of the state department of buildings and grounds for the purpose of constructing three additional fire escapes to serve the second floors of the state capitol and annex.
κ1955 Statutes of Nevada, Page 596 (CHAPTER 358, AB 473)κ
of constructing three additional fire escapes to serve the second floors of the state capitol and annex.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 294Messrs. Carlson and Jones
CHAPTER 359
AN ACT to amend an act entitled An Act authorizing and empowering the several boards of county commissioners within the State of Nevada to fix the amount of expense money for traveling and subsistence per day of county and township officers, representatives, and employees while traveling on official business, approved February 3, 1928.
[Approved March 28, 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 2207, N.C.L. 1929, as last amended by chapter 74, Statutes of Nevada 1953, at page 69, is hereby amended to read as follows:
Section 1. When any county or township officer or any employee for the county shall be entitled to receive his necessary traveling expenses for the transaction of public business, such expenses shall include his actual living expenses, not to exceed $10 per day, but the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance; provided, however, that where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedule or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners is authorized to allow for traveling by private conveyance an amount not to exceed ten cents per mile so traveled.
Any county or township officer presenting a claim to the county for any expenses allowed by law shall attach itemized vouchers and receipts for the same to his claim, and the county commissioners of the several counties of this state are hereby prohibited from allowing such claim unless accompanied by vouchers and receipts as required by this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 597κ
Assembly Bill No. 252Committee on State Institutions
CHAPTER 360
AN ACT to amend an act entitled An Act concerning the mentally ill of the state, providing for the administration and organization of the Nevada state hospital, providing for the admission and care of mentally ill persons, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 24, 1951.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of the above-entitled act, being chapter 331, Statutes of Nevada 1951, at page 553, is hereby amended to read as follows:
Section 19. Any person or employee of the hospital who willfully abuses a patient of the hospital, or who brings intoxicating beverages into buildings occupied by patients, or who is under the influence of liquor while employed in contact with patients, or who enters into any transaction with a committed patient involving transfer of money or property for personal use or gain at the expense of such committed patient shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for not more than six months, or by a fine of not more than five hundred dollars ($500), or by both. Any person who is convicted of a misdemeanor under this section shall, for a period of five years, be ineligible for appointment to or employment in a position in the state service, and if he is an officer or employee of the state, shall forfeit his office or position.
Sec. 2. Section 21 of the above-entitled act, being chapter 331, Statutes of Nevada 1951, at page 553, is hereby amended to read as follows:
Section 21. It shall be the duty of the judge of the district court in each judicial district in this state, upon the application of any person under oath setting forth that any person is mentally ill, to cause the said person to be brought before him at such time and place as he may direct. Said judge may direct the clerk of said court to issue subpenas for the attendance of witnesses at the examination of said person. Persons alleged to be mentally ill shall be given professional examinations by two licensed practicing physicians within a period of three days prior to the hearing, and the physicians shall testify to the court as to the mental condition of the patient and such other matters relating to the alleged illness. If said physicians, after careful examination, shall certify upon oath that the charge is correct, and if the judge is satisfied that such person is mentally ill, and is unable to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability to provide properly for such care and support, he shall cause the said person to be conveyed to the Nevada state hospital, at the expense of the state, and place the said person in charge of the superintendent of the hospital, together with a copy of the complaint, commitment, and the physicians certificate, and a full and complete transcript of the notes of the official court reporter made at the examination of said person before the committing judge.
κ1955 Statutes of Nevada, Page 598 (CHAPTER 360, AB 252)κ
expense of the state, and place the said person in charge of the superintendent of the hospital, together with a copy of the complaint, commitment, and the physicians certificate, and a full and complete transcript of the notes of the official court reporter made at the examination of said person before the committing judge. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate.
Sec. 3. Section 21.5 of the above-entitled act, being chapter 331, Statutes of Nevada 1951, as added by chapter 365, Statutes of Nevada 1953, at page 695, is hereby amended to read as follows:
Section 21.5. Temporary commitment to the Nevada state hospital may be made under the following circumstances:
(1) At such times as the district judge for a particular county may not be available, the emergency hospitalization of a person who suddenly becomes acutely ill mentally, from any cause other than as a result of excessive use of alcohol, habituating drugs or opiates, may be authorized by two physicians within the county, who shall certify the need for immediate admission, and the county clerk, who shall order the patient committed as an emergency patient for a period of not more than 10 days. The order committing any person who is a patient in a general hospital shall be accompanied by a clinical abstract including history of illness, diagnosis, treatment and the names of relatives or correspondents.
(2) When a person charged with a felony other than homicide is believed to be mentally ill, the district court having jurisdiction may order his temporary commitment for examination and report, which commitment shall continue until the further order of the court or until completion of the examination and report of the hospital.
Sec. 4. Section 31 of the above-entitled act, being chapter 331, Statutes of Nevada 1951, at page 556, is hereby amended to read as follows:
Section 31. The superintendent shall advise the district attorney of the county in which the mentally ill person or kindred in the degree of husband or wife, father or mother, or children, or guardian or administrator reside, of any failure on the part of such persons to make such payments, and the circumstances incidental thereto, and the district attorney shall cause appropriate legal action to be taken to enforce the collection of all or part of such amount. Guardians and administrators, on entering upon their duties and at other times on request, shall furnish the superintendent an inventory of the estate and income for the purpose of determining the fair and reasonable assessment to be made for subsistence and care of the incompetent. When a committed person has income from a pension payable through the hospital providing for funeral expenses, and has no guardian, the hospital may obligate operating funds for funeral expenses in the amount due under the pension benefits.
Sec. 5. Section 38 of the above-entitled act, being chapter 331, Statutes of Nevada 1951, as added by chapter 365, Statutes of Nevada 1953, at page 697, is hereby amended to read as follows:
Section 38. The superintendent is hereby authorized to receive and care for mentally deficient, noneducable children of the State of Nevada at state expense, when properly committed to the hospital, or when such children, who are not over the age of 21 years, are requested to be admitted by a parent or parents or guardian upon application and proof to the superintendent.
κ1955 Statutes of Nevada, Page 599 (CHAPTER 360, AB 252)κ
care for mentally deficient, noneducable children of the State of Nevada at state expense, when properly committed to the hospital, or when such children, who are not over the age of 21 years, are requested to be admitted by a parent or parents or guardian upon application and proof to the superintendent. A minor child may be received, cared for, and examined without commitment, if such examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of section 19, chapter 63, Statutes of Nevada 1949, in which event the superintendent shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the superintendents report; provided, that when the child is found to be without specific mental disorder or is considered educable, the child shall not be detained at the Nevada state hospital, but shall be released to such authority as the juvenile court may order.
Sec. 6. Section 46 of the above-entitled act, being chapter 331, Statutes of Nevada 1951, at page 558, is hereby amended to read as follows:
Section 46. In determining residence for the purpose of this act, a person who has lived continuously in this state for a period of one year, and who has not thereafter acquired a residence in another state, or abandoned his residence in this state or has not been absent from this state after acquiring such residence in this state for more than one year, shall be deemed to be a resident of this state. Time spent in a public institution or on parole therefrom, or as a parolee from an institution in another state, shall not be counted in determining the matter of residence in this state.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 293Mr. Carlson
CHAPTER 361
AN ACT to amend an act entitled An Act fixing the compensation of certain county officers of Esmeralda County, Nevada; authorizing and empowering the board of county commissioners of said county to regulate the appointment, number and compensation of their deputies and other county employees; and repealing all acts and parts of acts in conflict herewith, approved March 13, 1953.
[Approved March 28, 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 chapter 97, Statutes of Nevada 1953, at page 94, is hereby amended to read as follows:
Section 5. The chairman of the board of county commissioners of Esmeralda County shall receive an annual salary of $1,500 as compensation for all services rendered as chairman of the board of county commissioners. The other members of the board of county commissioners shall each receive an annual salary of $1,200. All members of the board of county commissioners shall be paid not to exceed 10 cents per mile in going to and returning from the county seat when attending sessions of the board.
κ1955 Statutes of Nevada, Page 600 (CHAPTER 361, AB 293)κ
of the board of county commissioners shall be paid not to exceed 10 cents per mile in going to and returning from the county seat when attending sessions of the board.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 266Messrs. Ruedy, Byrne, Adams, Swackhamer, Hanson, Wood and Shuey
CHAPTER 362
AN ACT to amend an act entitled An Act relating to the taxation of personal property in transit through the State of Nevada; supplementary to an act entitled, An Act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto, approved March 23, 1891, as the same has been amended; supplementary to 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, as the same has been amended; defining in transit through this state, and other terms used in this act; providing penalties for the evasion of the provisions of this act and providing for the recovery of taxes wrongfully withheld, approved March 16, 1949.
[Approved March 28, 1955]
Whereas, The so-called freeport bill was enacted by the legislature of the State of Nevada in 1949, it being chapter 77, Statutes of Nevada 1949, at page 95; and
Whereas, This act has accomplished the storage in Nevada of goods and merchandise which would not otherwise be stored in the State of Nevada; and
Whereas, This act has been of great benefit to the State of Nevada and the people thereof, has benefited the warehouse industry of the State of Nevada, has promoted the construction of warehousing facilities, thereby increasing taxable valuations in the State of Nevada, and has provided employment for Nevada citizens; and
Whereas, It is the sense of the people of the State of Nevada, as expressed through this legislature, that such tax-exempt warehousing be sponsored and encouraged further; and
Whereas, It is deemed necessary that this act should be augmented by additional provisions which would indicate the wide-spread approval of this act by the people of the State of Nevada and the desire of the people of the state that the provisions thereof be interpreted broadly and liberally, to achieve the purposes of the legislation, such additional provisions being designed to further encourage resident and nonresident persons and corporations to warehouse goods and merchandise from outside the State of Nevada, intended for out-of-state destination, in the State of Nevada and to assemble and disassemble the same while in storage in Nevada, including the doing of all necessary acts to prepare such stored goods for shipment to their destination, including