[Rev. 3/1/2019 5:24:10 PM]
κ1955 Statutes of Nevada, Page 601 (CHAPTER 362, AB 266)κ
the separation of the same into portions of the whole, or into broken, mixed or odd lots; now, therefore,
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 77, Statutes of Nevada 1949, at page 96, is hereby amended to read as follows:
Section 3. Personal property in transit through this state is personal property, goods, wares and merchandise which is (1) moving in interstate commerce through or over the territory of the State of Nevada, or (2) which was consigned to a warehouse, public or private, within the State of Nevada from outside the State of Nevada for storage in transit to a final destination outside the State of Nevada, whether specified when transportation begins or afterward. Such property is deemed to have acquired no situs in Nevada for purposes of taxation. Such property shall not be deprived of exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled or repackaged. The exemption granted shall be liberally construed to effect the purposes of this act.
Sec. 2. The above-entitled act, being chapter 77, Statutes of Nevada 1949, at page 95, 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. If any such property is reconsigned to a final destination in the State of Nevada, the warehouseman shall file a monthly report with the county assessor of the county in which the warehouse is located, in the form and manner prescribed by the Nevada tax commission, and all such property so reconsigned shall be assessed and taxed.
Sec. 3. This act shall become effective upon passage and approval.
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κ1955 Statutes of Nevada, Page 602κ
Assembly Bill No. 206Messrs. Vaughan, McMullen, Hunter and McElroy
CHAPTER 363
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 50 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, as last amended by chapter 357, Statutes of Nevada 1953, at page 669, is hereby amended to read as follows:
Section 50. The licenses shall be issued at the following prices:
First-To any citizen of the United States, who has been a bona fide resident of the State of Nevada for six months, upon the payment of $3.50 for a fishing license, $3.50 for a hunting license, and $1 for a trappers license.
Second-To any alien or to any citizen of the United States, not a bona fide resident of the State of Nevada, regardless of age, upon the payment of $5 for a fishing license, or $3.50 for a five day permit to fish, $10 for a special hunting license to hunt deer by bow and arrow and no other license shall be required, $25 for a hunting license, or $10 for a trappers license.
Third-Every citizen of the United States who has been a bona fide resident of the State of Nevada for 10 years, and who shall have reached the age of 60 years, shall be entitled, upon application, to the licenses and deer tags provided for residents of the State of Nevada in this act, free of charge.
Fourth-All sums received from the sale of hunting, fishing, and trappers licenses shall be paid into the state treasury to the credit of the state fish and game fund.
The state board of fish and game commissioners is hereby authorized and empowered to enter into agreements with states adjoining the State of Nevada for management of big-game herds and for reciprocal licensing agreements for fishing in interstate waters.
Sec. 2. Section 86 1/2 of the above-entitled act, being chapter 101, Statutes of Nevada 1947, as amended by chapter 309, Statutes of Nevada 1951, at page 497 is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 603 (CHAPTER 363, AB 206)κ
Section 86 1/2. The following fees shall be in effect: Resident deer tag for regular season two and one-half ($2.50) dollars; nonresident and alien deer tag for regular season $15; nonresident and alien deer tag for hunting deer by bow and arrow ten ($10) dollars; resident tags for special seasons not to exceed ten ($10) dollars; nonresident and alien tags for special season not to exceed $15. Tags for game birds or small game animals, for special seasons shall not exceed 25 cents per bird or animal, but not to exceed one ($1) dollar for the tags for one species in a year.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 180Mr. Wainwright
CHAPTER 364
AN ACT relating to the practice of physical therapy; defining certain terms; creating a state board of physical therapy examiners and prescribing their powers and duties; providing for the registration and licensing of certain persons practicing physical therapy; providing penalties 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:
Section 1. Short Title. This act may be cited as the Physical Therapists Practice Act.
Sec. 2. Definitions. In this act, unless the context otherwise requires:
1. Board means the state board of physical therapy examiners.
2. Physical therapist means a person who practices physical therapy.
3. Physical therapy means the treatment of any bodily or mental condition of any person by the use of the physical, chemical and other properties of heat, light, water, electricity, massage, and active and passive exercise. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes, including cauterization, are not authorized under the term physical therapy as used in this act.
4. Words importing the masculine gender may be applied to females.
Sec. 3. Board: Appointment; Terms; Selection.
1. The governor shall appoint a state board of physical therapy examiners whose duty it shall be to examine and register qualified physical therapists. The board shall be comprised of three members, each of whom shall be a registered physical therapist. Notwithstanding any of the requirements of this act for appointment to the board, any person who is a member in good standing of the American Physical Therapy Association or the American Registry of Physical Therapists shall be eligible for membership on the first board appointed under and by virtue of this act.
κ1955 Statutes of Nevada, Page 604 (CHAPTER 364, AB 180)κ
2. On or before January 1, 1956, the governor shall appoint to membership on the board one person for a term of 1 year, one person for a term of 2 years, and one person for a term of 3 years. Such terms shall commence on January 1, 1956. Thereafter, all appointments to the board, except those to fill unexpired terms, shall be for terms of 3 years each. No member of the board shall serve more than two consecutive terms.
3. All appointments to the board under this act shall be made by the governor within 60 days from the time a vacancy occurs. Appointments shall be made from a list of qualified persons submitted to him by the Nevada Physical Therapy Association. Such list shall contain the names of qualified persons in at least twice the number of appointments so to be made, and such list shall be presented to the governor at least 15 days before the expiration of any term of any member of the board. In the event that any vacancy occurs in the membership of the board by reason of death, resignation, removal or otherwise, such list shall be presented to the governor within 30 days after such vacancy occurs.
Sec. 4. Powers and Duties of Board.
1. The board is authorized to adopt reasonable rules to carry this act into effect and may amend and revoke such rules at its discretion. The board shall keep a record of its proceedings under this act and a register of all persons registered under it. The register shall show the name of every living registrant, his last-known place of business and last-known place of residence, and the date and number of his registration and certificate as a registered physical therapist.
2. The board shall, during the month of May of every year in which the renewal of registration is required, compile a list of registered physical therapists authorized to practice physical therapy in this state. Any interested person in the state shall be entitled to obtain a copy of that list on application to the board and payment of such amount as may be fixed by the board which amount shall not exceed the cost of the list so furnished.
Sec. 5. Conditions of Registration. To be eligible for registration by the board as a physical therapist, an applicant must:
1. Be at least 21 years old.
2. Be of good moral character.
3. Have been graduated by an approved high school.
4. Have been graduated either:
(a) By a school of physical therapy approved by the board; or
(b) By a school of physical education approved by the board, and, in addition, have completed to the satisfaction of the board an approved course in physical therapy; or
(c) By a school of nursing approved by the board, and, in addition, have completed to the satisfaction of the board an approved course in physical therapy.
5. (a) Pass to the satisfaction of the board an examination conducted by it to determine his fitness for practice as a physical therapist; or
κ1955 Statutes of Nevada, Page 605 (CHAPTER 364, AB 180)κ
(b) Be entitled to registration without examination as provided in sections 8 or 9 hereof.
Sec. 6. Application for Registration. Unless entitled to registration under sections 7, 8 or 9 of this act, a person who desires to be registered as a physical therapist shall apply to the board, in writing, on a blank furnished by the board. He shall embody in that application evidence, under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by section 5, and he shall pay to the board at the time of filing his application a fee of $25.
Sec. 7. Registration Without Examination. The board shall register as a physical therapist any person who:
1. Applies for registration on or before 1 year following the effective date of this act; and
2. On the effective date of this act, is a member of, or is eligible for membership in, the American Physical Therapy Association or the American Registry of Physical Therapists; and
3. Is practicing physical therapy in the State of Nevada and was so practicing on the effective date of this act.
At the time of making such application for registration the applicant shall pay to the board a registration fee of $5.
Sec. 8. Temporary Registration Without Examination.
1. The board may issue, without examination, a permit to practice physical therapy for a period not to exceed 6 months to any person who meets the qualifications set forth in section 5, except subsection 5 thereof, upon certification that he has been assigned to the State of Nevada on a temporary basis to assist in a medical emergency.
2. The board may also permit, without examination, temporary registration not to exceed 6 months to any person meeting the qualifications set forth in section 5, except subsection 5 thereof, upon payment of a temporary registration fee of $10. No temporary registration shall be renewed.
Sec. 9. Reciprocity. The board may, in its discretion, register as a physical therapist, without examination, on the payment of the required fee, an applicant for registration who is a physical therapist registered under the laws of another state or territory, if the requirements for registration of physical therapists in the state or territory in which the applicant was registered were at the date of his registration substantially equal to the requirements in force in this state.
Sec. 10. Examinations. The board shall examine applicants for registration as physical therapists at least twice a year at such places as it may determine. The examination shall embrace such subjects as the board deems necessary to determine the applicants fitness and shall include a written examination.
Sec. 11. Registration. The board shall register as a physical therapist each applicant who proves to the satisfaction of the board his fitness for registration under the terms of this act. It shall issue to each person registered a certificate of registration, which shall be prima facie evidence of the right of the person to whom it is issued to represent himself as a registered physical therapist, subject to the conditions and limitations of this act.
κ1955 Statutes of Nevada, Page 606 (CHAPTER 364, AB 180)κ
to represent himself as a registered physical therapist, subject to the conditions and limitations of this act.
Sec. 12. Renewal of Registration. Every registered physical therapist shall, during January 1957, and during January of every year thereafter, apply to the board for an extension of his registration and pay a fee of $2. Registration that is not so extended, in the first instance before April 1, 1957, and thereafter before April 1 every year, shall automatically lapse. The board may, in its discretion, revive and extend a lapsed registration on the payment of all past unpaid extension fees not to exceed $10.
Sec. 13. Allocation of Funds. All fees collected under this act shall be paid into the fund of the board of physical therapy examiners. All expenses incident to the operation of this act shall be paid from the revenue derived therefrom and no part of such expenses shall be a charge against the funds derived in connection with the functions of the board of physical therapy examiners other than that provided in this act.
Sec. 14. Refusal, Revocation and Suspension of Registration. The board, after due notice and hearing, may refuse to register any applicant, and may refuse to renew the registration of any registered person, and may suspend or revoke the registration of any registered person:
1. Who is habitually drunk or who is addicted to the use of narcotic drugs; or
2. Who has been convicted of violating any state or federal narcotic law; or
3. Who is, in the judgment of the board, guilty of immoral or unprofessional conduct; or
4. Who has been convicted of any crime involving moral turpitude; or
5. Who is guilty, in the judgment of the board, of gross negligence in his practice as a physical therapist; or
6. Who has obtained or attempted to obtain registration by fraud or material misrepresentation; or
7. Who has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane; or
8. Who has treated or undertaken to treat ailments of human beings otherwise than by physical therapy and as authorized in this act, or who has undertaken to practice independently of the prescription, direction or supervision of a person licensed to practice medicine and surgery without limitation, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this act and by virtue of the basic science act, 1951.
Sec. 15. False Claim of Registration Forbidden. A person who is not registered under this act as a physical therapist, or whose registration has been suspended or revoked, or whose registration has lapsed and has not been revived, who uses in connection with his name the words or letters R. P. T., Registered Physical Therapist, or any other letters, words or insignia indicating or implying that he is a registered physical therapist, or who in any other way, orally, or in writing, or in print, by sign, directly or by implication, represents himself as a registered physical therapist, shall be guilty of a misdemeanor.
κ1955 Statutes of Nevada, Page 607 (CHAPTER 364, AB 180)κ
writing, or in print, by sign, directly or by implication, represents himself as a registered physical therapist, shall be guilty of a misdemeanor.
Sec. 16. Fraud in Obtaining Registration Forbidden. A person who makes a willfully false oath or affirmation in any case in which an oath or affirmation is required by this act, or who obtains or attempts to obtain registration by any fraudulent representation shall be guilty of a misdemeanor.
Sec. 17. Practice of Registered Physical Therapist. A person registered under this act as a physical therapist shall not treat human ailments by physical therapy or otherwise except under the prescription and direction of a person licensed to practice medicine and surgery, unless such person is licensed in the State of Nevada to practice such treatment otherwise than by virtue of this act and by virtue of the basic science act, 1951. Nothing in this act shall be construed as authorizing a physical therapist, whether registered or not, to practice medicine, osteopathy, chiropractic or any other form or method of healing. Any person violating the provisions of this section shall be guilty of a misdemeanor.
Sec. 18. Practice of Physical Therapy by Unregistered Persons. Nothing contained in this act shall be construed to limit or prevent the practice of physical therapy by any person not registered under this act, if such person does not represent himself to be a registered physical therapist, by using any letters, words or insignia indicating or implying that he is a registered physical therapist.
Sec. 19. Approval of Schools of Physical Therapy. For the purpose of section 5, the board shall not approve any school or educational curriculum unless graduation from the school or completion of the curriculum shall entitle the applicant, insofar as educational requirements are concerned, to become a member in the American physical therapy association or the American registry of physical therapists. Each such school shall, in addition, comply with all of the provisions of this act and the rules of the board adopted pursuant to this act.
Sec. 20. Duty of Enforcement. The board shall investigate every supposed violation of this act coming to its notice and shall report to the proper district attorney all cases that in the judgment of the board warrant prosecution. Every police officer, sheriff and peace officer shall investigate every supposed violation of this act that comes to his notice or of which he has received complaint, and apprehend and arrest all violators. The several district attorneys shall prosecute violations of this act which occur within their respective counties.
Sec. 21. Constitutionality. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are declared to be severable.
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κ1955 Statutes of Nevada, Page 608κ
Assembly Bill No. 40Mr. Adams
CHAPTER 365
AN ACT to amend an act entitled An Act to regulate the professional nursing of the sick in the State of Nevada, and to regulate schools of nursing in the State of Nevada, providing for a board of examiners therefor; providing for the examination and issuance of licenses or certificates for registered nurses; providing for accreditation of schools of nursing in the State of Nevada; other matters properly relating thereto; providing penalties for the violation of this act, and repealing all acts and parts of acts in conflict herewith, approved March 31, 1947.
[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 256, Statutes of Nevada 1947, at page 810, is hereby amended to read as follows:
Section 5. Duties and Powers of the Board. It shall be the duty of the board to meet regularly once every four months, namely, the first day of February, the first day of June, and the first day of October, for the purpose of holding examinations under the provisions of this act and for the transaction of such other business as may properly come before the board.
At the meeting of the board to be held on the first day of June of each year the board shall elect from its members a president and a secretary, who shall also be the treasurer, and the board may appoint and employ an executive secretary who need not be a member of the board. Such executive secretary shall perform such duties as the board may direct, receive compensation as set by the board, and shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
The executive secretary appointed by the board shall be a registered nurse licensed to practice nursing in the State of Nevada.
Special meetings of the board may be held on the call of the president thereof, or upon the call of any three members thereof. A written notice of the time, place, and object of any special meeting shall be mailed by the secretary to all members of the board who are not parties to the call at least fifteen (15) days prior to the day of such meeting.
A majority of the board shall constitute a quorum at any meeting.
The board shall make and keep a full and complete record of all its proceedings, including a file of all applications for licenses under this act, together with the action of the board upon each such application, and including a register of all nurses licensed to practice nursing as registered nurses in this state.
The board is authorized to adopt and from time to time revise such rules and regulations, not inconsistent with the law, as may be necessary to enable it to administer the provisions of this act.
The board shall prescribe curricula and standards for schools and courses subject to this act. The board shall provide for surveys of such schools and courses at such times as it may deem necessary.
κ1955 Statutes of Nevada, Page 609 (CHAPTER 365, AB 40)κ
such schools and courses at such times as it may deem necessary. It shall accredit such schools and courses as meet the requirements of this act and of the board. It shall evaluate and approve courses for affiliation with accredited schools of nursing in this state or with schools of nursing which have applied for accreditation.
It shall examine, license, and renew the licenses of duly qualified applicants for licenses to practice nursing as registered nurses in this state.
It shall conduct hearings upon charges calling for discipline of registered nurses licensed under this act.
Each member of the board shall be paid the sum of $15 per diem for each day actually spent in the discharge of his or her official duties as such member and shall be further entitled to be reimbursed for his or her actual and necessary expenses incurred in the performance of such duties. The secretary and treasurer of the board shall receive, in addition to actual and necessary expenses, a monthly salary which shall be set by the board. All such payments and reimbursements shall be made from the state board of nurse examiners fund established by this act.
The board shall annually transmit to the governor and to the Nevada state nurses association a full and true report of all its proceedings, together with a report of all its receipts and disbursements.
Sec. 2. Section 8 of the above-entitled act, being chapter 256, Statutes of Nevada 1947, at page 812, is hereby amended to read as follows:
Section 8. Fee. Each applicant shall remit with his or her application for a license to practice as a registered nurse in this state a fee of $15. In case application for license without examination is not granted, the fee shall be returned. In case application for a license by examination is not granted the fee shall not be returned.
Sec. 3. Section 11 of the above-entitled act, being chapter 256, Statutes of Nevada 1947, as amended by chapter 245, Statutes of Nevada 1949, at page 537, is hereby amended to read as follows:
Section 11. Renewal of License. The license of every person licensed under the provisions of this act shall be renewed biennially as hereinafter provided. On or before the 1st day of January, of the year 1956 and of every even-numbered year thereafter, the secretary of the board shall mail a form of application for renewal of license to every person holding a valid and subsisting license or certificate of registration issued pursuant to the provisions of this act. Each applicant for renewal of license shall complete and execute such application form and return the same to the secretary of the board, together with a renewal fee of $3, before the first day of March. Upon receipt of such application and fee, the board, upon being satisfied as to the contents of such application, shall issue to such applicant a certified renewal of license for the next succeeding biennium commencing with the first day of March and expiring the last day of the succeeding February. Such certificate of renewal of license shall entitle the holder thereof to practice nursing as a professional nurse in this state for the period stated on the certificate of renewal.
κ1955 Statutes of Nevada, Page 610 (CHAPTER 365, AB 40)κ
Sec. 4. Section 12 of the above-entitled act, being chapter 256, Statutes of Nevada 1947, at page 813, is hereby amended to read as follows:
Section 12. Reinstatement of Lapsed Licenses. Any licensee who permits his or her license to lapse by failing to renew the same as provided above may have his or her license reinstated by the board upon satisfactorily explaining such failure, and upon payment of a fee of $5, in addition to the renewal fee as provided in section 11 of this act, which fee shall in no case be returned.
Sec. 5. Section 13 of the above-entitled act, being chapter 256, Statutes of Nevada 1947, as amended by chapter 245, Statutes of Nevada 1949, at page 537, is hereby amended to read as follows:
Section 13. Issuance of Temporary Licenses. Upon application in such form as it may deem proper, the board may, without examination, grant a temporary license to practice nursing as a professional nurse for a period not to exceed four (4) months. Only one temporary license may be issued during any twelve (12) month period to any one person. Each application for a temporary license shall be accompanied by a fee of $5, which shall in no case be refunded.
Sec. 6. Section 16 of the above-entitled act, being chapter 256, Statutes of Nevada 1947, at page 814, is hereby amended to read as follows:
Section 16. Disciplinary Proceedings. The board may, upon its own motion, and shall upon the verified complaint in writing of any person, provided such complaint, or such 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 registered nurse under this act or any person who shall assume to act as a licensee to practice nursing as a registered nurse within the State of Nevada, and the board shall have power to deny, revoke, or suspend any license to practice nursing as a registered nurse applied for or issued under this act, or otherwise to discipline a licensee upon proof that he or she:
(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a registered 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.
(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 the 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.
κ1955 Statutes of Nevada, Page 611 (CHAPTER 365, AB 40)κ
notice, with copies of any and all communications, reports and affidavits in possession of the board, touching or relating to the matter in question. Such written notice may be served by delivery of the same personally to the licensee, or by mailing the same by registered mail to the last-known resident address of such licensee. The hearing on such 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 may be held by the board or a majority thereof, and they should be held, if the licensee so desires, within the county where the licensee resides. At such 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 such 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 such 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 such 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. 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 by 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 such hearing, and ask an order of the court compelling the witness to attend and testify or produce the books or papers before the board.
κ1955 Statutes of Nevada, Page 612 (CHAPTER 365, AB 40)κ
propounded to him in the course of such 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 deposition of witnesses residing within or without the state to be taken in the manner prescribed by law and the Nevada Rules of Civil Procedure 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 chapter 72 of An Act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto, approved March 17, 1911, and being sections 9230-9240, 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. 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 the decision shall become effective, which such date shall not be less than 30 days from and after the date of the notice.
κ1955 Statutes of Nevada, Page 613 (CHAPTER 365, AB 40)κ
Such 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 such 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 such 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 such 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. 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.
κ1955 Statutes of Nevada, Page 614 (CHAPTER 365, AB 40)κ
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 that person from continuing such 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. The above-entitled act, being chapter 256, Statutes of Nevada 1947, at page 809, 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. Constitutionality. If any section, subsection, 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, sentence, clause, phrase and requirement thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or requirements be declared unconstitutional.
Sec. 8. Section 20 of the above-entitled act, being chapter 256, Statutes of Nevada 1947, at page 816, is hereby amended to read as follows:
Section 20. Repeal. This act specifically repeals chapter 238, Statutes of Nevada 1945, entitled An Act to regulate the professional nursing of the sick in the State of Nevada, providing for a board of examiners therefor; providing for the examination and issuing of certificates for registered nurses; other matters properly relating thereto; providing a penalty for the violation of this act, and repealing all acts and parts of acts in conflict herewith, approved March 27, 1945. And all other acts or parts of acts insofar as the provisions thereof are inconsistent with the provisions of this act are hereby repealed.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 615κ
Assembly Bill No. 480Committee on Public Health and Public Morals
CHAPTER 366
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 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 150, Statutes of Nevada 1947, at page 484, is hereby amended by adding thereto a new section designated as section 2.5, which shall immediately follow section 2 and shall read as follows:
Section 2.5. Any person, copartnership, association or corporation who, for another and for a compensation, aids, assists, solicits or negotiates the procurement of a small tract lease on public lands, as defined by the Bureau of Land Management or United States Forest Service, shall be deemed to be a real estate broker within the meaning of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 260Mr. Irwin
CHAPTER 367
AN ACT making it unlawful to counterfeit, forge, alter, erase or obliterate any means of identification with the intention that it be used by a minor in obtaining liquor or to gamble; making it unlawful to furnish any minor with such means of identification; making it unlawful for a minor to use or attempt to use such means of identification for the purpose of obtaining liquor or gambling; prescribing a penalty for the violation of this act, 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. Every person who shall counterfeit, forge, alter, erase or obliterate, or who attempts to counterfeit, forge, alter, erase or obliterate any card, writing, paper or document, or any photocopy print, photostat, or other replica of any card, writing, paper or document which is designed for the purpose of personal identification and which bears the age of the holder or purported holder thereof, or which, although not designed for the purpose of personal identification, is commonly used, or capable of being used for the purpose of personal identification and bears the age of the holder or purported holder thereof, with the intention that such card, writing, paper or document, or photocopy print, photostat or other replica thereof, should be used by a minor to establish falsely or misrepresent his actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in such gambling establishment, shall be guilty of a misdemeanor.
κ1955 Statutes of Nevada, Page 616 (CHAPTER 367, AB 260)κ
by a minor to establish falsely or misrepresent his actual age for the purpose of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in such gambling establishment, shall be guilty of a misdemeanor.
Included among, but not limited to, the cards, writings, papers or documents and the photocopy prints or other replicas thereof which, although not designed for the purpose of personal identification, are commonly used, or capable of being used, for the purpose of personal identification, are the following: operators license, chauffeurs license, fishing or hunting license, selective service card, organizational membership card, certificate of discharge from the Armed Forces, or certificate or other record of birth.
Sec. 2. Every person who shall sell, lend, give away or offer, or attempt to sell, lend, give away or offer, any counterfeited, forged, altered, erased, or obliterated card, writing, paper or document or photocopy print, photostat or other replica thereof, of the kind mentioned in section 1 of this act, to a minor, shall be guilty of a misdemeanor.
Sec. 3. Every minor who shall use or attempt to use or shall proffer any counterfeited, forged, erased or obliterated card, writing, paper, document or any photocopy print, photostat or other replica thereof, of the kind mentioned in section 1 of this act, for the purpose and with the intention of purchasing alcoholic liquor or being served alcoholic liquor in a place where it is served for consumption on the premises, or entering gambling establishments, or engaging in gambling in such establishments, or who actually purchases alcoholic liquor or is actually served alcoholic liquor in a place where it is served for consumption on the premises, or actually enters a gambling establishment or actually gambles therein, when such purchase, service, entering or gambling is induced or permitted by the presentation of any such card, writing, paper or document or any photocopy print, photostat or other replica thereof, shall be guilty of a misdemeanor.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 617κ
Assembly Bill No. 406Mr. Ivers
CHAPTER 368
AN ACT providing for the construction, equipment and installation of a heating plant at the Nevada state prison; providing for the issuance of bonds therefor, and the manner of their sale and redemption; defining certain duties of the Nevada board of prison commissioners, the warden of the Nevada state prison and the state controller; 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. Provision is hereby made for the construction, equipment and installation of a heating plant at the Nevada state prison; to provide for the work and materials incidental thereto, and for the payment of the same as hereinafter provided.
Sec. 2. There is hereby created in the state treasury, for the use of the Nevada state planning board in carrying out the provisions of this act, a trust fund to be known as the Nevada state prison heating plant construction fund.
Sec. 3. 1. To provide the Nevada state prison heating plant construction 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 $75,000.
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 75, 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.
(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 be signed by the engraved facsimile signature of the governor, secretary of state and 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.
κ1955 Statutes of Nevada, Page 618 (CHAPTER 368, AB 406)κ
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 Nevada state prison heating plant construction fund herein created.
6. At least two 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. 4. None of the funds in the Nevada state prison heating plant construction fund shall be used for any purpose or purposes other than to construct, equip and install a heating plant at the Nevada state prison.
Sec. 5. The costs and expenses of the construction, equipment and installation, including supervision and inspection thereof, and of all the work and materials provided for in this act shall not exceed the sum of $75,000.
Sec. 6. The warden of the Nevada state prison and the board of state prison commissioners shall cooperate in carrying out the provisions of this act. All plans and specifications and contracts for the whole or part or parts of the construction, installation and equipment shall be approved by the warden of the Nevada state prison and each contract shall be approved by the board of state prison commissioners before any such contract may be let.
Sec. 7. Upon completion and final acceptance of the heating plant and payment therefor, the Nevada state prison heating plant construction fund shall terminate and any unexpended or unobligated balance remaining in such fund in the state treasury shall be paid into the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada 1939, and disbursed as provided therein for the purpose of the payment of interest and redemption of the bonds issued according to the provisions of this act.
Sec. 8. The faith of the State of Nevada is hereby pledged that this act shall not be repealed not 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.
κ1955 Statutes of Nevada, Page 619 (CHAPTER 368, AB 406)κ
the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as in this act provided.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 72Mr. Jepson
CHAPTER 369
AN ACT to amend an act entitled An Act regulating the hours of service, providing for a day of rest and recreation, and fixing the minimum compensation therefor of females employed in private employment in this state, and providing certain exceptions thereto; providing the mode of payment of the compensation of such female and providing compensation for female employees reporting for duty but not permitted to enter upon such duties; providing for special uniforms for female employees; defining the duties of certain persons in relation hereto; prescribing penalties for the violations thereof, and other matters properly relating hereto, approved March 29, 1937.
[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 2825.41, 1929 N.C.L. 1941 Supp., as last amended by chapter 194, Statutes of Nevada 1953, at page 225, is hereby amended to read as follows:
Section 1. That with respect to the employment of females in private employment in this state it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor. The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed eight (8) in any one day, and six (6) days in any calendar week, so as to provide a day of rest and recreation in each calendar week are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare. The policy of this state is hereby declared to be that eight (8) hours in any one thirteen (13) hour period and not more than forty-eight (48) hours in any one calendar week, and not more than six (6) days in any calendar week is the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions in emergencies, and that no less than at the rate of seventy-five (75’) cents for one hour or six ($6) dollars for one day of eight (8) hours or thirty-six ($36) dollars for one week of six (6) days of eight (8) hours each shall be paid such female workers under the age of 18 years in this state, and that no less than at the rate of 87.5 cents for 1 hour or $7 for 1 day of 8 hours or $42 for 1 week of 6 days of 8 hours each shall be paid such female workers 18 years of age or over in this state.
Sec. 2. Section 3 of the above-entitled act, being section 2825.43, 1929 N.C.L.
κ1955 Statutes of Nevada, Page 620 (CHAPTER 369, AB 72)κ
1929 N.C.L. 1941 Supp., as last amended by chapter 194, Statutes of Nevada 1953, at page 226, is hereby amended to read as follows:
Section 3. It shall be unlawful for any person, firm, association, or corporation or any agent, servant, employee, officer of any such firm, association, or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female under the age of 18 years at or for a lesser wage than seventy-five cents (75’) per hour or six ($6) dollars for one day of eight hours or thirty-six ($36) dollars for one week of six days of eight hours each; and it shall be unlawful for any person, firm, association, or corporation or any agent, servant, employee, officer of any such firm, association, or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female 18 years of age or older at or for a lesser wage than 87.5 cents per hour or $7 for 1 day of 8 hours or $42 for 1 week of 6 days of 8 hours each; provided, all females employed to work, labor, or serve a lesser number of hours than eight in any one day or a lesser number of days than six in any one week, if the wages are computed upon a weekly basis, shall be paid therefor her wages computed upon the full daily or weekly rate then and there paid for such work, labor, or service, and in no event shall such compensation be so made as to cause any reduction of such daily or weekly rate or any reduction of the minimum daily or weekly wage fixed in this act as applied to such lesser number of hours or days so employed; provided, that during a probationary period of not to exceed three consecutive months the employer, and his or her employee or employees, may stipulate that the provisions of this section which provide a wage of seventy-five cents (75’) per hour or six ($6) dollars or more for one day of eight hours or less, or thirty-six ($36) dollars or more for one week of forty-eight hours or less, for females under the age of 18 years, and a wage of 87.5 cents per hour or $7 or more for 1 day of 8 hours or less, or $42 or more for 1 week of 48 hours or less, for females 18 years of age or older, shall not apply, but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees under the age of 18 years not less than five ($5) dollars for one day of not more than eight hours, or thirty ($30) dollars for one week of six days of not more than eight hours each, and shall pay to such female employees 18 years of age or older, not less than $5.50 for 1 day of not more than 8 hours, or $32 for 1 week of 6 days of not more than 8 hours each, and all other provisions of this act shall in all other respects govern hours and wages of female employees during said stipulated probationary period; and provided further, that at the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during said probationary period; provided, that if any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to said female by said second employer is of a similar nature to that certified to by the former employer of said female of which said employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon said employer to show the contrary; provided further, that the fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named herein, shall not relieve said employer at the close of the period of service of said employee of three months of service from the obligation to deliver to said female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to said employee, as well as to future prospective employers.
κ1955 Statutes of Nevada, Page 621 (CHAPTER 369, AB 72)κ
any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to said female by said second employer is of a similar nature to that certified to by the former employer of said female of which said employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon said employer to show the contrary; provided further, that the fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named herein, shall not relieve said employer at the close of the period of service of said employee of three months of service from the obligation to deliver to said female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to said employee, as well as to future prospective employers.
Sec. 3. Section 4 of the above-entitled act, being section 2825.44, 1929 N.C.L. 1941 Supp., is hereby amended to read as follows:
Section 4. (a) Every female within the provisions of this act shall be paid her wages or compensation in lawful money of the United States or by lawful check of her employer drawn only to her order at such times as may be agreed upon by her and her employer, except such payment shall not be made at longer intervals than permitted by the semimonthly pay day laws of this state.
(b) A part of such wages or compensation may, if mutually agreed upon by the female and her employer in the contract of employment, but not otherwise, consist of food and lodging or food or lodging. In no case shall the value of the food and lodging be computed at more than $2 per day; and in no case shall the value of the meals consumed by such female employee if lodging facilities are not accorded to her, but meals only are purchased, be computed or valued at more than 35 cents for each breakfast actually consumed, 45 cents for each lunch actually consumed, and 75 cents for each dinner actually consumed; and if the contract of employment shall call for the use of a room only, and no food facilities or utilities are included, the value of such room shall not be computed at more than $5 per week.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 622κ
Assembly Bill No. 394Mr. Ivers
CHAPTER 370
AN ACT authorizing Pershing County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better a county courthouse and jail, and improvements incidental thereto; to accomplish, equip and furnish the same; and to acquire a suitable site or grounds therefor; concerning the issuance of bonds therefor, not to exceed the aggregate principal amount of $150,000, and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; 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 Pershing County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better a county courthouse and jail, and improvements incidental thereto, to accomplish, equip and furnish the same, to acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor not to exceed the aggregate principal amount of $150,000. (Such building, incidental improvements, equipment, furnishings, sites and grounds, are hereinafter sometimes designated as the facilities.)
Sec. 2. 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 20 years from such date, and shall bear interest at the rate of not more than 5 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 allowed by the board in the resolution authorizing the issuance of the bonds.
Sec. 3. The board is hereby authorized to sell such bonds at one time, or from time to time, at public sale, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued or sold after 3 years from the effective date of this act.
κ1955 Statutes of Nevada, Page 623 (CHAPTER 370, AB 394)κ
amount thereof and accrued interest; provided, however, that none of the bonds shall be issued or sold after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, direct or indirect, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of such improvements or facilities and with the authorization, issuance and sale of such bonds.
Sec. 4. 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 bodies as may be charged with the duty of levying taxes therein, annually in due session 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 of the constitution. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of interest and principal as the same respectively mature, and upon such payments, the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 5. 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 legality of their issuance.
Sec. 6. At the next regular election held in the county of Pershing, or at a special election which the board of the county commissioners of Pershing County is hereby authorized to call for that purpose, the following question shall be submitted to the electors of Pershing County: Shall the bonds for the purpose of constructing, reconstructing, or improving a county courthouse and jail in the amount of $150,000, authorized by chapter............ (insert the chapter number of this act), Statutes of Nevada 1955, be adopted?
κ1955 Statutes of Nevada, Page 624 (CHAPTER 370, AB 394)κ
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. 7. Bonds issued under the provisions of this act shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 8. If any section, subsection, sentence, clause, or phrase of this act be for any reason held to be invalid, such holdings 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. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 353Mr. Byrne
CHAPTER 371
AN ACT to amend an act entitled An Act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 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 9950 to 10515, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 228.5, which shall immediately follow section 228 and shall read as follows:
Section 228.5. Narcotic Drugs, Habitual Use.
1. Any person who habitually uses narcotic drugs, or is found to be addicted to such drugs, or is found to be under the influence of such drugs, except as hereinafter provided, shall be guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days nor more than 1 year in the county jail or in a private or public hospital or institution. The court may place a person convicted hereunder on probation for a period not to exceed 5 years and shall in all cases in which probation is granted require as a condition thereof that such person be confined in the county jail, or a private or public hospital or institution, for at least 90 days. In no event shall the court have the power to absolve a person who violates this section from the obligation of spending at least 90 days in confinement in the county jail or in a private or public hospital or institution.
2. Nothing in this section shall be applicable to a person who has a medical need for narcotic drugs and who obtains the drugs required for such medical need in accordance with state and federal laws.
κ1955 Statutes of Nevada, Page 625 (CHAPTER 371, AB 353)κ
a medical need for narcotic drugs and who obtains the drugs required for such medical need in accordance with state and federal laws.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 427Committee on State Institutions
CHAPTER 372
AN ACT to amend an act entitled An Act concerning crimes and punishments, and repealing certain acts relating thereto, approved March 17, 1911.
[Approved March 28, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 555 of the above-entitled act, being section 10500, N.C.L. 1929, is hereby amended to read as follows:
Section 555. The expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, the state prison, or attempting so to do, or for the commission of any crime while a prisoner therein, shall be a state charge, and shall be paid from the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 428Committee on State Institutions
CHAPTER 373
AN ACT to amend the title of and to amend an act entitled An Act concerning escaped prisoners, and the recaptare of the same, approved March 1, 1866.
[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 72, Statutes of Nevada 1866, at page 164, is hereby amended to read as follows:
An act concerning escaped prisoners, and the recapture of the same.
Sec. 2. Section 2 of the above-entitled act, being section 11492, N.C.L. 1929, is hereby amended to read as follows:
Section 2. Any and all expenses of enforcing the provisions of this act, or in any wise appertaining to the recapture and return of escaped convicts to the state prison, shall be a charge against the state, and shall be paid out of the general fund; provided, however, that said escape be not the result of carelessness, incompetency, or other official delinquency, of the warden, or other officers of the state prison.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 626κ
Assembly Bill No. 442Clark County Delegation
CHAPTER 374
AN ACT to amend an act entitled An Act to incorporate the city of North Las Vegas in Clark County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953.
[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 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section to be designated as section 31.1 of Chapter II, which shall immediately follow section 31 and shall read as follows:
Section 31.1. The municipal court shall have jurisdiction to impose a fine in any sum not to exceed $500 or to impose a term of imprisonment not to exceed 6 months, or both fine and imprisonment, and in addition thereto adjudge such punishment that may be provided as a penalty by statute for the same or similar offense against the statutes of the State of Nevada.
Sec. 2. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section to be designated as section 33.1 of Chapter II, which shall immediately follow section 33 and shall read as follows:
Section 33.1. Further Powers Generally. The city council shall also have power to provide for the collection, removal, hauling, conveying and disposal of weeds, garbage and rubbish, and to require the owners of property to remove and destroy the same, and after 10 days notice, to remove and destroy the same at city expense; provided, however, that if the expense thereof should be paid by the city, the same shall be considered a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied or collected, the lien to be completed by the filing of a statement by the city clerk of the cost thereof together with a description of the property in the office of the county recorder of Clark County, Nevada.
Sec. 3. The above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 393, is hereby amended by adding thereto a new section to be designated as section 33.2 of Chapter II, which shall read as follows:
Section 33.2. The city council may at any time after March 15, 1955, provide in its ordinances that the punishment of any offense shall be by fine not to exceed $500 or by imprisonment not to exceed 6 months, or by both fine and imprisonment, and in addition thereto, the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of Nevada notwithstanding the provisions set forth in section 33 of this chapter.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 627κ
Assembly Bill No. 444Committee on Roads and Transportation
CHAPTER 375
AN ACT relating to interstate highway user fee apportionment; declaring the policy of the legislature respecting highway user tax structure and the method of taxation of interstate vehicles; defining certain words and terms; authorizing the execution of agreements to effectuate the purposes of this act; providing for reciprocity between states; providing for the payment of proportional registration fees; 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. This act shall be known as the Interstate Highway User Fee Apportionment Act.
Sec. 2. The legislature declares that in adopting this act it adheres to the principle that each state should have the freedom to develop the kind of highway user tax structure that it determines to be most appropriate to itself, and that the method of taxation of interstate vehicles should not be a determining factor in developing its user tax structure.
Sec. 3. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it or any law comparable to it.
Sec. 4. As used in this act:
1. Department means each agency of this state, or of any political subdivision of this state, administering the fee involved.
2. Fee means each registration fee and tax imposed by this state except motor vehicle fuel taxes and motor carrier regulation and licensing fees.
3. Mileage includes mileage in this state and in all other states.
4. Operator includes the owner or operator of any vehicle.
5. Person includes any individual, firm, copartnership, joint venture, association, corporation, estate trust, business trust, receiver, syndicate or any other group or combination acting as a unit.
6. Plan means a plan adopted by any state or states for the proration of fees on a basis to effectuate the principles set forth in section 2.
7. Reciprocity means that this state and another state, as to vehicles registered in each other, extend substantial or complete freedom from payment of fees with respect to vehicles registered in the other state.
8. State includes the states of the United States, the District of Columbia, the territories of the United States, the states, territories and federal district of Mexico, and the provinces of Canada.
9. Vehicle includes every vehicle of a type required to be registered under the laws of this state.
Sec. 5. In carrying out this act, each department shall have power to make rules and regulations.
Sec. 6. In carrying out this act, each department of this state shall have authority to enter into agreements with the departments or appropriate agencies of this or any other state to provide for any or all of the following:
κ1955 Statutes of Nevada, Page 628 (CHAPTER 375, AB 444)κ
have authority to enter into agreements with the departments or appropriate agencies of this or any other state to provide for any or all of the following:
1. For the exemption from the plan of certain classes of vehicles either on the basis of type, extent or frequency of operations and, when also deemed advisable, for their total or partial exemption from registration fees or taxes or both upon the conditions set forth in the agreement, all as found to be in the interest of this state, the facilitating of this plan, or of the facilitating of the operation of vehicles between this and the other contracting state.
2. For the reports and records required pursuant to this act or any rules and regulations made pursuant thereto to be uniform with the reports and records required by the other contracting state, but this shall not prevent any department from requiring additional information from any operator subject to this act.
3. For the joint audit of the reports and records of any operator subject to this act, and, notwithstanding any other provision of law, the reports and records of any such operator and the department may be disclosed to the extent necessary for this purpose.
4. For the use of a plate, license, emblem, certificate or other device of this or any other state, for the identification either or both of vehicles subject to the plan or of vehicles not so subject, which may or may not be uniform, such device if issued in another state to the extent provided in the agreement to have the same effect in this state as if it were issued in this state.
5. For putting the plan into effect between this and any other state and for implementing the plan between this and any other state.
Sec. 7. All fees shall be paid pursuant to this act upon or for vehicles subject to the fees except if the vehicle is entitled to operate in this state with or without payment of fees pursuant to an agreement made in conformity with subsection 1 of section 6 or the vehicle is not part of a fleet of two or more vehicles, at least one of which operates in two or more states which have adopted the plan.
Sec. 8. Each fee required to be paid by this act shall be payable at the same time and to the same department as if this act had not been adopted, except that the motor vehicle division of the public service commission of Nevada is hereby authorized to accept the registration fees for vehicles registering under the plan and issue such identification devices as are provided for in subsection 4 of section 6.
Sec. 9. Each operator shall qualify to operate under this act by filing an application for that purpose with the public service commission of Nevada prior to the time any fee becomes delinquent. The application shall show the total mileage of vehicles operated by such person in all states and in this state during the preceding statutory licensing period and describe and identify each vehicle to be operated during the registration period in such detail as the department may require. The application shall also designate a sufficient number of specified vehicles to be registered and for which fees will be paid as will produce total fee payments for all fees imposed by this state, not less than the proportion of the amount which would be paid were the entire fleet registered in this state that the total mileage in this state bears to total mileage as defined in section 4 as reported in the statement.
κ1955 Statutes of Nevada, Page 629 (CHAPTER 375, AB 444)κ
entire fleet registered in this state that the total mileage in this state bears to total mileage as defined in section 4 as reported in the statement.
Sec. 10. Upon the payment of all fees required under this act and the laws of this state in order to register the vehicles designated in the statement to be registered and otherwise complying with all requirements for the registration of such vehicles, the motor vehicle department of the public service commission of Nevada shall register them, and shall issue plates, licenses, emblems, certificates or other devices for such vehicles in the same manner as otherwise provided by law. In addition, the department shall issue plates, licenses, emblems, certificates or other devices for the remaining vehicles of the fleet as will identify them for the purpose of showing that they have complied with the laws of this state, except that such a vehicle shall not be so registered unless it is registered and has paid fees pursuant to law in some other state which has adopted the plan or with which this state has reciprocity. A service charge of $2 shall be made for the registration of each such remaining vehicles, but they shall not be liable for the payment of any other fees during the period for which registered. If the amount of fees for which an operator would be required to register vehicles to pay under this act does not exceed 50 percent of the fees upon or for the vehicle in his fleet upon or for which the smallest amount of fees would otherwise be required to be paid under the laws of this state, then all the vehicles of such operator shall be registered without payment of fees and otherwise treated as if they were remaining vehicles under this section.
Sec. 11. If any vehicle in a fleet is first registered after the final date for the annual payment of fees under the laws of this state as they exist without this act, such vehicles shall pay fees in the amount provided by law for the then registration of the vehicle only if its registration is necessary in order that the amount of fees required to be paid under section 10 be paid, and such vehicle shall after registration be treated for all purposes as otherwise provided for vehicles of a fleet. If no fees are payable for the registration of the vehicle, the service charge provided in section 10 shall be paid.
Sec. 12. Mileage proportions for a fleet not registered in this state as a fleet during the preceding year will be determined by the department with which the vehicle is registered upon the sworn application of the applicant on forms to be supplied by the department, which will show the operations of the fleet during the preceding year in such detail as the department may require and the estimated operation in this state in the current year; or, if no operations were conducted during the preceding year, a full statement shall be made of the proposed method of operation.
Sec. 13. Every operator of vehicles the fees for or upon which are paid pursuant to this act shall maintain such records as will substantiate and justify the fees paid under this act. Such records shall also conform to applicable rules and regulations. The failure to keep such records or to disclose them to the department collecting the fee or to pay the fees shall make the provisions of this act inapplicable to such person during the year for which such failure occurs, and such person shall thereupon be subject to all fees upon or for vehicles operated by him during such year, together with any applicable interest and penalties thereon less any service charges actually paid for such vehicles for such year, as if this act had never been enacted and as if there were no reciprocity.
κ1955 Statutes of Nevada, Page 630 (CHAPTER 375, AB 444)κ
person during the year for which such failure occurs, and such person shall thereupon be subject to all fees upon or for vehicles operated by him during such year, together with any applicable interest and penalties thereon less any service charges actually paid for such vehicles for such year, as if this act had never been enacted and as if there were no reciprocity. Every operator of vehicles the fees for or upon which are paid pursuant to this act shall pay the costs of an audit by the department or its duly appointed representative at the operators home office.
Sec. 14. If upon audit it is determined that more vehicles of a fleet should have been registered in this state than were actually registered, the department may require such registration, and all fees (payable upon registration or otherwise) to which such vehicles should have been subject, together with penalties and interest thereon, less any service charges actually paid on or for such vehicles, shall be a lien upon all the property of the owner or operator until such fees, penalties and interest are paid or until the department with which the vehicle should have been registered sells the property of the owner for the payment of the fees. Until such fees are paid, each vehicle of the fleet, if operated in this state, shall be subject to registration and payment of fees, penalties and interest as if this act had never been enacted and as if there were no reciprocity.
Sec. 15. This act shall become operative with respect to fees due and payable without regard to this act on and after July 1, 1955, but this shall not prevent the department from taking such administrative action, particularly under section 6, after this act takes effect and prior to such operative date, as will facilitate its operation.
________
Assembly Bill No. 449Committee on Roads and Transportation
CHAPTER 376
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 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 166, Statutes of Nevada 1925, at page 254, also designated as sections 4350 to 4373, inclusive, N.C.L. 1929, is hereby amended by adding thereto a new section to be designated as section 1.6, which shall immediately follow section 1.5b and shall read as follows:
Section 1.6. It shall be prima facie evidence of reckless driving for any person to operate a motor vehicle, whether the same be an emergency vehicle or otherwise, without tire chains or other approved snow devices upon any street or highway, under icy or snowy conditions, when the highway is marked or signed for the requirement of chains.
κ1955 Statutes of Nevada, Page 631 (CHAPTER 376, AB 449)κ
devices upon any street or highway, under icy or snowy conditions, when the highway is marked or signed for the requirement of chains.
________
Assembly Bill No. 454Mineral County Delegation
CHAPTER 377
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 sewer system of the city of Hawthorne; providing for the payment thereof and the interest thereon from revenue derived from users of such sewer 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 $25,000, exclusive of interest, for the purpose of effecting extensions and improvements to the sewer system of the city of Hawthorne. The bonds shall be known as city of Hawthorne sewer system improvement bonds.
Sec. 2. The bonds shall be prepared in denominations of $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 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;
κ1955 Statutes of Nevada, Page 632 (CHAPTER 377, AB 454)κ
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 sewer system improvement fund, which shall 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 monthy service charge for the use of such sewer system and also a sewer connection charge 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 service charges or sewer connection charges authorized by law. The moneys so collected shall be placed in the city of Hawthorne sewer 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 service 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 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 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 sewer system of the city of Hawthorne, in the amount of $25,000, 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.
κ1955 Statutes of Nevada, Page 633 (CHAPTER 377, AB 454)κ
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.
________
Assembly Bill No. 455Mineral County Delegation
CHAPTER 378
AN ACT supplemental to an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the California electric power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921; authorizing the issuance of bonds for the purchase and installation of an auxiliary diesel power plant, 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 board of county commissioners of Mineral County, Nevada, are authorized and empowered to prepare, sell and issue the negotiable coupon bonds of the county of Mineral, in an amount not exceeding $150,000, exclusive of interest, for the purpose of acquiring and installing an auxiliary diesel power plant to generate electricity for sale by the Mineral County power system. The bonds shall be known as Mineral County power system bonds.
Sec. 2. Such bonds shall be prepared in denominations of not less than $500 nor more than $1,000 as the board may determine 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. Such bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the county clerk and attested with the seal of the county. Engraved facsimile signatures may be used on the coupons. Such bonds as may be issued shall bear interest at a rate not to exceed 5 percent per annum, payable semiannually on the first Monday of July and January in each year. All bonds issued shall be redeemed and retired consecutively in the order of their issuance, commencing not later than the first Monday in July in the year following the year in which the first such bond is issued, and annually thereafter on the first Monday in July of each year until all such bonds as may have been issued shall be redeemed and retired.
κ1955 Statutes of Nevada, Page 634 (CHAPTER 378, AB 455)κ
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 board of county commissioners shall fix the various maturities of the bonds issued.
Sec. 3. The board is hereby authorized to negotiate the sale of the bonds or such number of them from time to time as the board 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; but none of such bonds shall be sold after 3 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 Mineral County to be known as the Mineral County power system diesel power plant fund, which shall 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 the bonds and the interest due thereon, whenever the allocated revenues from the sale of service or power by the Mineral County power system shall be insufficient for that purpose, the board of county commissioners of Mineral County shall, annually, at the time of making the regular tax levy for state and county purposes, levy an additional special tax upon all property, both real and personal, subject to taxation within the limits of the county, including the proceeds of mines, sufficient in their judgment to pay the interest upon such bonds semiannually, as it shall become due, and to pay the principal of such bonds as shall mature according to the time designated in such bonds for the maturity thereof respectively, and all taxes levied and assessed for the purposes in this act provided shall constitute a lien on the property charges therewith from the date of the levy thereof by the county commissioners, or the entry thereof on the assessment roll of the county auditor, until the same are paid, and thereafter, if allowed to become delinquent, shall be enforced in the same manner as is now provided by law for the collection of state and county taxes.
Sec. 6. Such taxes shall be levied, assessed and collected in the same manner as other taxes paid to the county treasurer, and shall be by him placed in a fund, which is hereby created, to be known as Mineral County power system bond redemption fund. No moneys placed in the fund shall be transferred therefrom, or used for any other purpose than the payment of principal and interest of the bonds hereinabove provided for, and the money of the fund shall only be paid out by the county treasurer upon warrants therefor issued by the county auditor, in the payment of the principal and interest of such bonds as they become due, upon the presentation and surrender thereof to the county treasurer at his office.
Sec. 7. Whenever the bonds with interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in the bond fund shall, by order of the board of county commissioners, be transferred to the general fund.
Sec. 8. The county treasurer shall make and keep a record of the bonds in a book to be provided for that purpose, which shall show the date of issuance and sale, denomination, rate of interest, to whom sold (with address), date when redeemed, and to whom paid, which record shall also provide a place for pasting in the canceled bonds and coupons when redeemed, and the same shall be a record of the office and at all times open for public inspection.
κ1955 Statutes of Nevada, Page 635 (CHAPTER 378, AB 455)κ
bonds in a book to be provided for that purpose, which shall show the date of issuance and sale, denomination, rate of interest, to whom sold (with address), date when redeemed, and to whom paid, which record shall also provide a place for pasting in the canceled bonds and coupons when redeemed, and the same shall be a record of the office and at all times open for public inspection.
Sec. 9. Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same, and all interest coupons, by writing across the face thereof, Paid, together with the date of payment, sign his name thereto, and paste such canceled bonds and coupons in the bond register for that purpose provided.
Sec. 10. The county treasurer shall be liable on his official bond for the safekeeping of the moneys which shall come into his possession under the provisions of this act and for the faithful discharge of all his duties hereunder.
Sec. 11. No interest shall accrue on such bonds, or any of them, after they become due and payable.
Sec. 12. The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation 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. 13. At the next regular election held in the county of Mineral or at a special election which the board of county commissioners of Mineral County is hereby authorized to call for that purpose, the following question shall be submitted to the electors of Mineral County: Shall the bonds for the purpose of acquiring and installing an auxiliary diesel power plant for the Mineral County power system, in the amount of $150,000, 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. 14. This act shall become effective upon passage and approval.
________
Senate Bill No. 54Committee on Finance
CHAPTER 379
AN ACT appropriating funds for the construction of national guard armories or service centers, and other matters related thereto.
[Approved March 29, 1955]
Whereas, Pursuant to the provisions of Public Law 738 of the 81st Congress of the United States, moneys are made available to the states for construction of national guard armories and service centers; and
κ1955 Statutes of Nevada, Page 636 (CHAPTER 379, SB 54)κ
for construction of national guard armories and service centers; and
Whereas, Additional funds for such purposes are made available from the general appropriations to the national guard bureau; and
Whereas, In order to secure such federal funds for such purposes it is necessary for the states to pay a portion of the cost of such construction; and
Whereas, The State of Nevada would materially benefit from the construction of national guard armories or service centers at Reno, Carson City, Las Vegas, Yerington and Winnemucca; 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 general fund not otherwise appropriated the sum of $130,000 to be used by the Nevada national guard, in conjunction with federal funds, for the construction of national guard armories or service centers at Reno, Carson City, Las Vegas, Yerington and Winnemucca.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 155Committee on Agriculture and Irrigation
CHAPTER 380
AN ACT providing for the creation, organization and government of water conservancy districts and subdistricts thereof; providing for the appointments of boards of directors of such districts and subdistricts, and prescribing their powers and duties; providing for the financial administration of such districts and subdistricts and for the levy and collection of taxes and special assessments, and levies to cover defaults and deficiencies; providing for the inclusion and exclusion of real property; empowering such districts and subdistricts to enter into contracts with the United States of America or agencies thereof and others; providing for the judicial determination of the validity of the proceedings for the formation of such districts and subdistricts and of the acts and proceedings of the boards of directors thereof; and other matters properly relating thereto.
[Approved March 29, 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 known and cited as the Water Conservancy Districts Act.
Sec. 2. Definitions. As used in this act, unless otherwise specified:
1. Board means the board of directors of the district.
2. Court means the district court of that judicial district of the State of Nevada wherein the petition for the organization of a water conservancy district shall be filed.
3. Land or real estate means real estate as the words real estate are defined by the laws of the State of Nevada, and shall embrace all railroads, highways, roads, streets, street improvements, telephone, telegraph and transmission lines, gas, sewer and water systems, water rights, pipelines and rights-of-way of public service corporations, and all other real property whether held for public or private use.
κ1955 Statutes of Nevada, Page 637 (CHAPTER 380, SB 155)κ
telephone, telegraph and transmission lines, gas, sewer and water systems, water rights, pipelines and rights-of-way of public service corporations, and all other real property whether held for public or private use.
4. Person means a person, firm, copartnership, association or corporation, other than a county, town, city, city and county, or other political subdivision.
5. Property means real estate and personal property.
6. Publication, when no manner is specified therefor, means once a week for 3 consecutive weeks in at least one newspaper of general circulation in each county wherein such publication is to be made. It shall not be necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days (excluding the day of the first publication) shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
7. Public corporation means counties, cities and counties, towns, cities, school districts, irrigation districts, water districts and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
8. Section means a section of this act unless some other statute is expressly mentioned.
9. Subcontracting agency means a public service, public, private or other corporation or other entity which shall contract with the district for the purchase, transfer or acquisition from it of water, drainage or electric power.
10. Water conservancy districts means the districts created under the provisions of this act.
11. Works means dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, drains, tunnels, power plants and any and all works, facilities, improvements and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and for otherwise accomplishing the purposes of this act.
Sec. 3. Declaration of Benefits and Policy. It is declared that to provide for the conservation and development of the water and land resources of the State of Nevada and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as herein defined by such districts are a public use and will:
1. Be essentially for the public benefit and advantage of the people of the State of Nevada;
2. Indirectly benefit all industries of the state;
3. Indirectly benefit the State of Nevada in the increase of its taxable property valuation;
4. Directly benefit residents of the State of Nevada by providing adequate supplies of water for domestic, municipal and industrial use.
5. Directly benefit lands to be irrigated or drained from works to be constructed;
κ1955 Statutes of Nevada, Page 638 (CHAPTER 380, SB 155)κ
6. Directly benefit lands now under irrigation by stabilizing the flow of water in streams and by increasing flow and return flow of water to such streams; and
7. Promote the comfort, safety and welfare of the people of the State of Nevada.
And it is therefore declared to be the policy of the State of Nevada:
(a) To control, make use of and apply to beneficial use unappropriated waters in this state to a direct and supplemental use of such waters for domestic, manufacturing, irrigation, power and other beneficial uses.
(b) To cooperate with the United States and agencies thereof under the federal reclamation laws or other federal laws now or hereafter enacted and to construct and finance works within or without the State of Nevada as herein defined and to operate and maintain the same.
Sec. 4. District Courts Vested With Jurisdiction to Establish Water Conservancy Districts; Limitation of Powers. The district court sitting in and for any county in this state is hereby vested with jurisdiction, power and authority, when the conditions stated in section 5 of this act are found to exist, to established water conservancy districts, which may be entirely within or partly within and partly without the judicial district in which the court is located, for conserving, developing and stabilizing supplies of water for domestic, irrigation, power, manufacturing and other beneficial uses as herein provided; but the terms of this act shall not be construed to confer upon such district court jurisdiction in proceedings provided for herein to hear, adjudicate and settle questions concerning the priority of appropriation of water between districts organized under this act and ditch companies and other owners of ditches drawing water for irrigation purposes from the same stream or its tributaries.
Sec. 5. Establishment of District; Requirements; Filing of Petitions; Contents; Requisite Signers; Effect of Defects; Amendments and Corrections.
1. Before any water conservancy district shall be established under this act, a petition shall be filed in the office of the clerk of the court vested with jurisdiction, in a county in which all or part of the lands embraced within such proposed water conservancy district are situated, such petition shall, in a case where the proposed district is situated in one county only be signed by not fewer than 20 percent of the owners of land (as hereinafter defined) within the proposed district not embraced within the limits of any incorporated or unincorporated city or town; and be also signed by not fewer than 5 percent, or 100 (whichever is the lesser), of the owners of land embraced within the limits of each incorporated or unincorporated city or town situated within the proposed district. In a case where the proposed district is situated in more than one county, said petition shall be signed by not fewer than 10 percent, or 500 (whichever is the lesser), of the owners of land (as hereinafter defined) in each county, or portion thereof, within the proposed district not embraced within the limits of any incorporated or unincorporated city or town; and be also signed by not fewer than 5 percent, or 100 (whichever is the lesser) of the owners of land embraced within the limits of each incorporated or unincorporated city or town situated in the proposed district.
κ1955 Statutes of Nevada, Page 639 (CHAPTER 380, SB 155)κ
of land embraced within the limits of each incorporated or unincorporated city or town situated in the proposed district. Opposite the signature of each petitioner there shall be set forth a brief description or designation by county assessors record or otherwise of the land owned by him and a statement of the acreage thereof.
The term owners of land, as used in this subparagraph with reference to persons outside the limits of an incorporated or unincorporated city or town within the district, shall mean those persons who own five acres or more of real estate; and the term owners of land, as used in this subparagraph with reference to persons within an incorporated or unincorporated city or town, shall mean those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.
2. If a petitioner shall sign such petition both as owner of land situated within, and of land situate without, an incorporated or unincorporated city or town, his name shall be counted only as an owner of land situated without an incorporated or unincorporated city or town. A signing petitioner shall not be permitted, after the filing of the petition, to withdraw his name therefrom.
3. No district shall be formed under this act unless the assessed valuation of the land, together with improvements thereon, within the proposed district exceeds $500,000 and unless the signing petitioners have lands together with improvements thereon of an assessed value of at least $50,000.
4. The petition shall set forth:
(a) The proposed name of the district.
(b) That the property within the proposed district will be benefited by the accomplishment of the purposes enumerated in section 4 of this act.
(c) A general description of the purpose of the contemplated improvement and of the territory to be included in the proposed district. The description need not be given by metes and bounds or by legal subdivisions, but shall be sufficient to enable a property owner to ascertain whether his property is within the territory proposed to be organized as a district. The territory need not be contiguous, provided it is so situated that the organization of a single district of the territory described is calculated to promote one or more of the purposes enumerated in section 3 of this act.
(d) The assessed value of all land, together with the improvements thereon, within the boundaries of the proposed district exceeds $500,000.
(e) A general designation of the divisions of the district, any one or more of which may, if so provided in the petition, be constituted of an existing irrigation or other district organized under the laws of the State of Nevada or of an incorporated city or town, or combination of incorporated cities or towns, within the water conservancy district. The petition shall also set forth the name of the principal subcontracting agency or agencies with which it is proposed the water conservancy district shall enter into a contract or contracts.
(f) The number of directors of the proposed district which may, in addition to one director for each division thereof, include as director a representative of the proposed principal subcontracting agency named in the petition, or, if more than one such agency be named in the petition, then one representative of each principal subcontracting agency named therein.
κ1955 Statutes of Nevada, Page 640 (CHAPTER 380, SB 155)κ
in addition to one director for each division thereof, include as director a representative of the proposed principal subcontracting agency named in the petition, or, if more than one such agency be named in the petition, then one representative of each principal subcontracting agency named therein.
(g) A prayer for the organization of the district by the name proposed.
5. No petition with the requisite signatures shall be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed shall be considered by the court the same as though filed with the first petition placed on file.
6. In determining whether the requisite number of landowners have signed the petition, the court shall be governed by the names as they appear upon the tax roll which shall be prima facie evidence of such ownership.
Sec. 6. Bond To Be Filed With Petition. At the time of filing the petition, or at any time subsequent thereto and prior to the time of hearing on the petition, a bond, not exceeding in amount the sum of $1,000, in such form and with such surety or sureties, as shall be approved by the court, shall be filed for the purpose of insuring the payment of expenses connected with the proceedings in case the organization of the district be not effected. If at any time during the proceeding the court shall be satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed to be not less than 10 days distant, and upon failure of the petitioner to execute the same, the petition shall be dismissed.
Sec. 7. Time and Place for Hearing; Jurisdiction of District Court; Court Not To Be Disqualified.
1. Immediately after the filing of the petition, the court wherein the petition is filed shall by order fix a place and time, not less than 60 days nor more than 90 days after the petition is filed for hearing thereon, and thereupon the clerk of the court shall cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon. The clerk of the court shall also forthwith cause a copy of the notice to be mailed by United States registered mail to the board of county commissioners of each of the several counties having territory within the proposed district.
2. The district court in and for the county in which the petition for the organization of a water conservancy district has been filed shall thereafter for all purposes of this act, except as herein otherwise provided, maintain and have original and exclusive jurisdiction, coextensive with the boundaries of the water conservancy district, and of land and other property proposed to be included in the district or affected by the district without regard to the usual limits of its jurisdiction.
κ1955 Statutes of Nevada, Page 641 (CHAPTER 380, SB 155)κ
affected by the district without regard to the usual limits of its jurisdiction.
3. No judge of such court wherein such petition is filed shall be disqualified to perform any duty imposed by this act by reason of ownership of property within any water conservancy district or proposed water conservancy district, or by reason of ownership of any property that may be benefited, taxed or assessed therein.
Sec. 8. Protesting Petition; Requisite Signers, Filing and Objections; Decree Establishing and Status of District; Place of Business; Dismissal of Petition or Proceedings; Finality and Conclusiveness of Order; Appeal; Collateral Attack.
1. At any time after the filing of a petition for the organization of a conservancy district, and not less than 10 days prior to the time fixed by the order of court for the hearing upon the petition, and not thereafter, a petition may be filed in the office of the clerk of the court wherein the proceeding for the creation of the district is pending, signed by not fewer than 25 percent of the owners of the lands in the proposed district, but not embraced within the limits of any incorporated or unincorporated city or town, who have not signed the petition for formation of the district, the aggregate assessed value of which, together with improvements thereon, is not less than 25 percent of the total assessed value of land, together with the improvements thereon, within the proposed district situated outside such limits, and also signed by not fewer than 25 percent of the owners of lands embraced within the limits of each incorporated or unincorporated city and town in the proposed district, protesting the creation of the district. The signers of the protesting petition shall state therein the land owned by each, and shall also state the value thereof as shown by the last preceding assessment.
The term owners of land, as used in this subparagraph with reference to persons outside the limits of an incorporated or unincorporated city or town within the district, shall mean those persons who own 5 acres or more of real estate; and the term owners of land, as used in this subparagraph with reference to persons within an incorporated or unincorporated city or town, shall mean those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.
2. If a petitioner shall sign such petition both as owner of land situated within a municipality, and owner of land situated without a municipality, his name shall be counted only as an owner of land situated without a municipality.
3. Upon the filing of such protesting petition, the clerk of the court forthwith shall make as many certified copies thereof, including the signatures thereto, as there are counties in which any part of the proposed district extends, and forthwith shall place in the hands of the county treasurer of each such county one of the certified copies. Thereupon, each of the county treasurers shall determine from the tax rolls of his county in his hands, and shall certify to the district court under his official seal, prior to the day fixed for the hearing as aforesaid, the total valuation of the several tracts of land listed in the protest, situated in the proposed district within his county.
κ1955 Statutes of Nevada, Page 642 (CHAPTER 380, SB 155)κ
valuation of the several tracts of land listed in the protest, situated in the proposed district within his county. Upon the day set for the hearing upon the original petition, if it shall appear to the court from such certificate or certificates, and from such other evidence as may be adduced by any party in interest, that the protesting petition is not signed by the requisite number of owners of lands and of the requisite value as herein set forth, the court shall thereupon dismiss the protesting petition and shall proceed with the original hearing as provided in this section.
4. If the court shall find from the evidence that the protesting petition is signed by the requisite number of owners of lands and of the requisite values, the court shall forthwith dismiss the original petition praying for the creation of the district. The finding and order of the court upon the question of such total valuation, the genuineness of the signatures, and all matters of law and fact incident to such determination shall be final and conclusive on all parties in interest, whether appearing or not, unless within 30 days from entry of the order of dismissal an appeal is taken to the supreme court as herein after provided.
5. Any owner of real property in the proposed district not having individually signed a petition for the organization of a conservancy district, and desiring to object to the organization and incorporation of the district, may, on or before the date set for the cause to be heard, file objection to the organization and incorporation of the district. Such objection shall be limited to a denial of the statements in the petition and shall be heard by the court as an advanced case without unnecessary delay. On the final hearing of the petition the court shall define and establish the boundaries of the district.
6. Upon the hearing, if it shall appear that a petition for the organization of a water conservancy district has been signed and presented, as hereinabove provided, in conformity with this act, and that the allegations of the petition are true, and that no protesting petition has been filed or if filed has been dismissed as hereinabove provided, the court shall, by order duly entered of record, adjudicate all questions of jurisdiction, declare the district organized and give it a corporate name by which in all proceedings it shall thereafter be known, and thereupon the district shall be a political subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.
7. In such decree the court shall designate the place where the office or principal place of the district shall be located, which shall be within the corporate limits of the district, and which may be changed by order of court from time to time. The regular meetings of the board shall be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district shall be kept at the office so established.
8. If the court finds that no petition has been signed and presented in conformity with this act, or that the material facts are not as set forth in the petition filed, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in such proportion as it shall deem just and equitable.
κ1955 Statutes of Nevada, Page 643 (CHAPTER 380, SB 155)κ
as it shall deem just and equitable. An appeal to the supreme court from the order of dismissal may be taken as hereinafter provided. Nothing herein shall be construed to prevent the filing of a subsequent petition or petitions for similar improvements or for a similar water conservancy district, and the right so to renew such proceedings is hereby expressly granted and authorized.
9. If an order be entered establishing the district, such order shall be deemed final and shall conclusively establish the regular organization of the district against all persons, unless an appeal is taken to the supreme court as hereinafter provided or quo warranto proceedings attacking the order are instituted on behalf of the State of Nevada by the attorney general. The organization of the district shall not be directly or collaterally questioned in any suit, action or proceedings except as herein expressly authorized.
10. Any petitioner, protestant or objector shall have a right of appeal to the supreme court from the order of the district court entered pursuant to this section. Such appeals shall be taken within 30 days from the entry of such order in accordance with the Nevada Rules of Civil Procedure.
Sec. 9. Findings and Decree To Be Filed With the Secretary of State, County Recorders and County Clerks. Within 30 days after the district has been declared a corporation by the court, the clerk of the court shall transmit to the secretary of state and to the county clerk and recorder in each of the counties having lands in the district, copies of the findings and the decree of the court incorporating the district. The same shall be filed in the office of the secretary of state in the same manner as articles of incorporation are now required to be filed under the general laws concerning corporations, and copies shall also be filed in the office of the county clerk and recorder of each county in which a part of the district may be, where they shall become permanent records.
Sec. 10. Board of Directors; Appointment of Members; Number; Qualifications; Terms; Filling of Vacancies; Bonds; Meetings; Filing of Reports.
1. Within 30 days after entering the decree incorporating the district, the court shall appoint a board of directors therefor consisting of one director from each of the divisions specified in the petition, and, in addition, one from the principal proposed subcontracting agency mentioned in the petition, or (if there be more than one such agency mentioned in the petition) then from each of such principal subcontracting agencies; provided, however, that the total number of directors of the district shall not exceed seven. No person shall be disqualified to act as a director because he is an officer, employee or stockholder of, or owner of land within any irrigation or other district constituting a division, or part of a division, or subcontracting agency of the district; nor shall any director for such reason be disqualified to vote or act upon any matter involving such irrigation or other district or subcontracting agency.
2. The court shall fix the terms of office so that not less than three of the directors first appointed after organization of the district shall serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of three years after the end of the calendar year in which they were appointed.
κ1955 Statutes of Nevada, Page 644 (CHAPTER 380, SB 155)κ
serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of three years after the end of the calendar year in which they were appointed. All succeeding terms of office shall be for four years. Upon the expiration of the term of office of any director, the district or incorporated town or city, or combination of incorporated towns and cities, or subcontracting agency (as the case may be) from which such director was appointed, shall appoint a successor to such director to hold office for four years.
3. All vacancies in the office of director shall be filled in the same manner lastly hereinabove stated. Each director shall hold office during the term for which he is appointed and until his successor is appointed and has qualified.
4. An annual meeting of the board of directors shall be held on a date to be fixed by said board and, in addition thereto, the board shall hold meetings at least quarterly on dates to be fixed in the bylaws of the district. A report of the business transacted during the preceding year by the district, including a financial report prepared by qualified public accountants, shall be filed with the clerk of the district court on or before the date of the annual meeting.
Sec. 11. Oaths; Officers of Board; Compensation.
1. Each director before entering upon his official duties shall take and subscribe to an oath, before an officer authorized to administer oaths, that he will support the constitution of the United States and the State of Nevada and will honestly, faithfully and impartially perform the duties of his office.
2. Upon taking oath, the board shall choose one of their number chairman of the board and president of the district, and shall elect some suitable person secretary of the board and of the district, who may or may not be a member of the board. The board shall adopt a seal and shall keep in a well-bound book a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts, which shall be open to inspection of all owners of property in the district, as well as to all other interested parties.
3. Each member of the board shall receive as compensation for his service such sum as shall be ordered by the board, not in excess of the sum of $15 per diem for any meeting of said board, and necessary traveling expenses actually expended while engaged in the performance of his duties.
Sec. 12. Quorum of Board. A majority of the directors shall constitute a quorum, and a concurrence of a majority of those in attendance, in any matter, within their duties, shall be sufficient for its determination, except as otherwise herein provided.
Sec. 13. Duties of Secretary; Board May Employ Chief Engineer, Attorney and Other Employees. The secretary shall be custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal of the district, all certified copies of the official records and files of the district that may be required by him by this act, or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity.
κ1955 Statutes of Nevada, Page 645 (CHAPTER 380, SB 155)κ
that may be required by him by this act, or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity. The secretary shall serve also as treasurer of the district unless a treasurer is otherwise provided for by the board. The board may also employ a chief engineer, who may be an individual, copartnership or corporation; an attorney, and such other engineers, attorneys and other agents and assistants as may be needful; and may provide for their compensation, which, with all other necessary expenditures, shall be taken as a part of the cost or maintenance of the improvement. The chief engineer shall be superintendent of all works and improvements, and shall make a full report to the board each year, or oftener if required by the board, and may make such suggestions and recommendations to the board as he may deem proper. The secretary and treasurer and such other agents or employees of the district as the board of directors may direct shall furnish surety bonds, at the expense of the district, in amount and form fixed and approved by the court in accordance with the provisions of the Nevada state bonding act.
Sec. 14. Powers of Board of District. The board shall have power on behalf of the district:
1. To have perpetual succession.
2. To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply and any and all real and personal property of any kind within or without the district or within or without the State of Nevada necessary or convenient to the full exercise of its powers; and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada; also to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district, and within and without the State of Nevada and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.
3. To have and to exercise the power of eminent domain and in the manner provided by law for the condemnation of private property for public use to take any property necessary to the exercise of the powers herein granted.
4. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land shall be effective upon the filing by such district with the surveyor general or the officer hereafter designated by law to conduct the functions of that office of an application showing the boundaries, extent and locations of the lands, rights-of-way or easements desired for such purposes.
κ1955 Statutes of Nevada, Page 646 (CHAPTER 380, SB 155)κ
general or the officer hereafter designated by law to conduct the functions of that office of an application showing the boundaries, extent and locations of the lands, rights-of-way or easements desired for such purposes. If the lands, rights-of-way or easements for which application shall be made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephone or telegraphic communication, no compensation shall be charged the district therefor, unless in the opinion of the surveyor general or the officer hereafter designated by law to conduct the functions of that office the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay to the state for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as shall be necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities shall be conveyed to the district by patent. If an easement or right-of-way only over such lands be sought by the district, such easement or right-of-way shall be evidenced by permit or grant executed by or on behalf of the surveyor general or the officer hereafter designated by law to conduct the functions of that office. The surveyor general or the officer hereafter designated by law to conduct the functions of that office may reserve easements and rights-of-way in the public across any lands in such patents, grants or permits described for streets, roads and highways, therefor established according to law. Before any such patent, grant or permit shall be executed, any compensation due to the state under the provisions hereof must be paid. No fee shall be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets the district shall be subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of payments and the protection of the public during periods of construction; but the district shall not be required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.
5. To contract with the government of the United States or any agency thereof for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, regulating basins, diversion canals and works, dams, powerplants and all necessary works incident thereto within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works; to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private within or without the State of Nevada.
κ1955 Statutes of Nevada, Page 647 (CHAPTER 380, SB 155)κ
perpetual rights to the use of water and electrical energy from such works; to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private within or without the State of Nevada.
6. To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water shall not exceed the maximum amount of water that the board determines could be beneficially used on such lands; to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district; but the board may divide the district into units and fix a different value per acre-foot of water in the respective units, and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.
7. To fix rates at which water not allotted to lands, as hereinbefore provided, shall be sold, leased or otherwise disposed of; but rates shall be equitable although not necessarily equal or uniform for like classes of service throughout the district.
8. To enter into contracts, employ and retain personal services and employ laborers; to create, establish and maintain such offices and positions as shall be necessary and convenient for the transaction of the business of the district; and to elect, appoint and employ such officers, attorneys, agents and employees therefor as shall be found by the board to be necessary and convenient.
9. To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans shall include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof shall be kept in the office of the district and open to public inspection.
10. To appropriate and otherwise acquire water and water rights within or without the state; to develop, store and transport water; to subscribe for, purchase and acquire stock in canal companies, water companies, and water users associations; to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical and any and all other beneficial uses and to derive revenue and benefits therefrom; to fix the terms and rates therefor; and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, canals, conduits, pipelines, tunnels, powerplants and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things to obligate itself and execute and perform such obligations according to the tenor thereof.
11. To generate electric energy and to contract for the generation, distribution and sale of such energy.
12. To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation.
κ1955 Statutes of Nevada, Page 648 (CHAPTER 380, SB 155)κ
for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held shall from time to time be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased were placed in the treasury of the district. The functions and duties authorized by this subparagraph shall be performed under such rules and regulations as shall be prescribed by the board.
13. To borrow money and incur indebtedness and to pledge revenues of the district to secure the same.
14. To adopt bylaws not in conflict with the constitution and laws of the State for carrying on the business, objects and affairs of the board and of the district.
Sec. 15. Subdistricts; Organization; Proceedings; Boards Consent to Furnish Water; Decree of Organization.
1. Subdistricts may be organized upon the petition of the owners of real property, within or partly within and partly without the district, which petition shall be in substantially the same form and shall fulfill the same requirements concerning the subdistricts as the petition outlined in section 5 is required to fulfill, concerning the organization of the main district. Such petition shall also contain a statement of the quantity of water which the subdistrict proposes to acquire from the district for perpetual use and the court shall, prior to the entry of its decree organizing a subdistrict, require that the petitioners attach to the petition written evidence of the consent of the board of directors of the water conservancy district to furnish to such subdistrict the perpetual use of water for the purpose therein specified.
2. Petitions for the organization of subdistricts shall be filed with the clerk of the court and shall be accompanied by a bond as provided for in section 6. The procedure for the organization of subdistricts shall be the same as for the organization of districts.
3. A subdistrict shall be a separate entity within the district and shall have authority to contract with the district for the furnishing of water and for other purposes.
4. Within 30 days after entering the decree incorporating a subdistrict, the court shall appoint a board of directors of the district consisting of not exceeding 7 persons who are owners of real property in the subdistrict, and who are not directors of the district. The court shall fix the terms of office of the directors so appointed in such manner that not less than 3 of the directors first appointed shall serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of 3 years after the end of the calendar year in which they were appointed. All succeeding terms of office shall be for 4 years. The court shall fill all vacancies in the office of director which shall occur by expiration of terms of office or otherwise. Directors shall hold office during the terms for which they are appointed respectively and until their successors shall be appointed and qualify.
κ1955 Statutes of Nevada, Page 649 (CHAPTER 380, SB 155)κ
their successors shall be appointed and qualify. The board of directors of a subdistrict organized hereunder shall have the same powers and duties in respect of such subdistrict as the board of directors of a water conservancy district has in respect of such district as specified in section 14 hereof.
Sec. 16. District Board May Levy and Collect Taxes and Special Assessments; Classification of Methods. In addition to the other means of providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect taxes and special assessments for maintaining and operating such works and paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:
1. Class A. To levy and collect taxes upon all property within the district as hereinafter provided.
2. Class B. To levy and collect assessments for special benefits accruing to property within municipalities for which use of water is allotted as hereinafter provided.
3. Class C. To levy and collect assessments for special benefits accruing to lands within irrigation districts for which use of water is allotted as hereinafter provided.
4. Class D. To levy and collect assessments for special benefits accruing to lands for which use of water is allotted as hereinafter provided.
Sec. 17. Board to Fix Rate of Levy Under Class A; Maximum Rate; Certification to County Commissioners. To levy and collect taxes under class A as herein provided, the board shall in each year determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every $100 of assessed valuation of property within the district, and with other revenues will raise the amount required by the district to supply funds for paying expenses of organization, for surveys and plans, paying the cost of construction, operating and maintaining the works of the district; but the rate shall not exceed 5 cents on $100, prior to the commencement of construction of the works, and thereafter shall not exceed 10 cents on $100, of assessed valuation of the property within the district. The board shall, on or before the first day of April of each year, certify to the board of county commissioners of each county within the district or having a portion of its territory within the district the rate so fixed with directions that at the time and in the manner required by law for levying of taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
Sec. 18. Board May Sell or Lease Water to Municipalities Upon Petition; Levy and Collection of Special Assessments Under Class B.
1. To levy and collect special assessments under class B as herein provided, the board shall make an allotment of water to each petitioning municipality in the district in the manner as hereinafter provided, in such quantity as will in the judgment of the board, when added to the then present supply of water of such municipality make an adequate supply for such municipality, and shall fix and determine the rate or rates per acre-foot, and terms at and upon which such water shall be sold, leased or otherwise disposed of, for use by such municipalities; but such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district.
κ1955 Statutes of Nevada, Page 650 (CHAPTER 380, SB 155)κ
the then present supply of water of such municipality make an adequate supply for such municipality, and shall fix and determine the rate or rates per acre-foot, and terms at and upon which such water shall be sold, leased or otherwise disposed of, for use by such municipalities; but such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district. If any city, city and county, or town shall desire to purchase, lease, or otherwise obtain the beneficial use of waters of the district for domestic or irrigation purposes, the legislative body of such municipality shall by ordinance authorize and direct its mayor and clerk to petition the board for an allotment of water, upon terms prescribed by the board, which petition shall contain, inter alia, the following:
(a) Name of municipality.
(b) Quantity of water to be purchased or otherwise acquired.
(c) Price per acre-foot to be paid.
(d) Whether payments are to be in cash or annual installments.
(e) Agreement by the municipality to make payments for the beneficial use of such water together with annual maintenance and operating charges and to be bound by the provisions of this act and the rules and regulations of the board.
2. The secretary of the board shall cause notice of the filing of such petition to be given and published once each week for 2 successive weeks, in a newspaper published in the county in which the municipality is situated, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice, and show cause, in writing, if any they have, why the petition should not be granted. The board, at the time and place mentioned in the notice or at such time or times at which the hearing of the petition may adjourn, shall proceed to hear the petition and objections thereto, presented, in writing, by any person showing cause as aforesaid why the petition should not be granted. The failure of any person interested to show cause in writing, as aforesaid, shall be deemed and taken as an assent on his part to the granting of the petition. The board may, at its discretion, accept or reject the petition, but if it deems it for the best interest of the district that the petition be granted, shall enter an order granting the petition and from and after such order the municipality shall be deemed to have purchased, leased or otherwise acquired the beneficial use of water as set forth in the order. If the petition is granted, the board shall, in each year, determine the amount of money necessary to be raised by taxation from property within such municipality to pay the annual installments and a fair proportionate amount of estimated operating and maintenance charges for the next succeeding year, as provided in the order granting the petition, and prepare a statement showing the tax rate to be applied to all property in such municipality, which rate shall be the rate fixed by resolution of the board modified to the extent necessary to produce from each such municipality only the amount of money apportioned thereto in the resolution, less any amount paid or undertaken to be paid by such municipality in cash or as credited thereto by payments from the general funds of such municipality. Upon receipt by the board of county commissioners of each county, wherein such municipality is located, of a certified copy of such resolution showing the tax rate to be applied to all property in each municipality and showing the municipalities and the property which is exempt therefrom, if any, the county officers shall levy and collect such tax in addition to such other tax as may be levied by such board of county commissioners at the rate so fixed and determined.
κ1955 Statutes of Nevada, Page 651 (CHAPTER 380, SB 155)κ
the board of county commissioners of each county, wherein such municipality is located, of a certified copy of such resolution showing the tax rate to be applied to all property in each municipality and showing the municipalities and the property which is exempt therefrom, if any, the county officers shall levy and collect such tax in addition to such other tax as may be levied by such board of county commissioners at the rate so fixed and determined.
Sec. 19. Board May Sell or Lease Water to Irrigation Districts; Levy and Collection of Special Assessments Under Class C.
1. To levy and collect special assessments upon lands under class C as herein provided, the board shall make an allotment of water to each of the petitioning irrigation districts within the district in the manner as hereinafter provided in such quantity as will in the judgment of the board, when added to the present supply of water of such irrigation district, make an adequate supply of water for such irrigation district, and shall fix and determine the rate or rates per acre-foot and terms at and upon which water shall be sold, leased or otherwise disposed of to such irrigation district; but such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district. If any irrigation district shall desire to purchase, lease or otherwise obtain the beneficial use of waters of the district, the board of such irrigation district shall by resolution authorize and direct its president and secretary to petition the board for an allotment of water, upon terms prescribed by the board, which petition shall contain, inter alia, the following:
(a) Name of irrigation district.
(b) Quantity of water to be purchased or otherwise acquired.
(c) Price per acre-foot to be paid.
(d) Whether payments are to be made in cash or annual installments.
(e) Agreement by such irrigation district to make payments for the beneficial use of such water, together with annual maintenance and operating charges, and to be bound by the provisions of this act and the rules and regulations of the board.
2. The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petiton and give notice to all persons interested to appear at the office of the board at a time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at such time or times at which the hearing of the petition may be adjourned, shall proceed to hear the petition and objections thereto, presented, in writing, by any person showing cause as aforesaid why the petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the granting of the petition. The board may, at its discretion, accept or reject the petition, but, if it deems it for the best interest of the district that the petition shall be granted, shall enter an order to that effect granting the petition, and from and after such order, the irrigation district and persons therein shall be deemed to have purchased, leased or otherwise acquired the beneficial use of water as set forth in the order.
κ1955 Statutes of Nevada, Page 652 (CHAPTER 380, SB 155)κ
have purchased, leased or otherwise acquired the beneficial use of water as set forth in the order. If said petition is granted, the board shall, in each year, determine the amount of money necessary to be raised by special assessment on lands within such irrigation district and shall determine whether such special assessment shall be levied by the district or by the irrigation district. If the board determines that such assessments shall be levied by the district, it shall certify to the county assessor of the county in which the lands of such irrigation district are located the amount of the assessment, plus a fair proportionate amount of the estimated operating and maintenance charges for the next succeeding year on each tract of land on or before the first day of April of each year, and such county assessor shall extend the amount of such special assessment, plus said operating and maintenance charges on the tax roll as a special assessment against the lands on which said special assessment is made. If the board determines that such assessments shall be levied by the irrigation district, the district shall make a contract with the irrigation district which shall provide among other things for the annual payment to the district of an amount to be obtained from the levy by the irrigation district of annual assessments in accordance with the irrigation district law.
Sec. 20. Board May Sell or Lease Water to Persons and Private Corporations on Petition; Levy and Collection of Taxes Under Class D.
1. To levy and collect special assessments upon lands under class D as herein provided, the board shall make an allotment of water to petitioning owners of lands in the district, upon which water can be beneficially used in the manner as hereinafter provided, in such amount as will, in the judgment of the board, together with the present supply of water for irrigation purposes on such lands, make an adequate water supply for irrigation of such lands, and shall fix and determine the rate or rates per acre-foot and the terms at and upon which water shall be held, leased, or otherwise disposed of, for use on the lands. If any person or private corporation shall elect to purchase, lease or otherwise obtain the beneficial use of waters of the district for irrigation of lands or for domestic purposes, such person or corporation shall petition the board for an allotment of water upon terms prescribed by the board which petition shall contain, inter alia, the following:
(a) Name of applicant.
(b) Quantity of water to be purchased or otherwise acquired.
(c) Description of lands upon which, or location where, the water will be used and attached.
(d) Price per acre-foot to be paid.
(e) Whether payments will be made in cash or annual installments.
(f) Agreement that the annual installments and the charges for maintenance and operating shall become a lien upon the lands for which such water is petitioned and allotted and to be bound by the provisions of this act and the rules and regulations of the board.
2. The board may, in its discretion, accept or reject the petition, but, if it deems it for the best interests of the district that the petition be granted, shall enter an order granting the petition, and from and after such order the petitioner shall have been deemed to have agreed to the purchase, lease or other means of acquiring the beneficial use of water under the terms set forth in the petition and order.
κ1955 Statutes of Nevada, Page 653 (CHAPTER 380, SB 155)κ
be granted, shall enter an order granting the petition, and from and after such order the petitioner shall have been deemed to have agreed to the purchase, lease or other means of acquiring the beneficial use of water under the terms set forth in the petition and order. Such order shall provide for payment on the basis of rate per acre-foot of water allotted to the lands within the district, providing:
(a) That the board may divide the district into units and fix a different rate per acre-foot of water in the respective units; and
(b) That such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district.
3. The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at such time or times at which the hearing on the petition may be adjourned, shall proceed to hear the petition and objections thereto, presented, in writing, by any person showing cause, as foresaid, why the petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the granting of the petition. The board may, at its discretion, accept or reject the petition, but, if it deems it for the best interest of the district that the petition shall be granted, shall enter an order to that effect granting the petition, and from and after such order the petitioner or persons interested therein shall be deemed to have purchased, leased or otherwise acquired the beneficial use of water as set forth in the order. If such petition is granted, the board shall cause a certified copy of the order granting the petition to be recorded in the county in which the lands are located, and thereafter the annual installments and annual operating and maintenance charges shall be a perpetual lien upon such lands. The board shall, on or before the first day of April of each year, certify to the county assessor of the county within the district in which such lands are located the amount of the annual installments, plus a fair proportionate amount of the estimated operating and maintenance charges apportioned to the lands for the next succeeding year, and such county assessor shall extend the amount so certified on the tax roll as a flat special assessment against the lands for which such water is petitioned and allotted.
Sec. 21. Board May Levy Additional Assessments to Pay Deficiencies. The board, in making the annual assessments and levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the proceeds of such levies and assessments made under the provisions of this act, together with other revenues of the district, are not sufficient to pay punctually the annual installments on its contracts, and interest thereon, and to pay defaults and deficiencies, then the board shall make such additional levies of assessments against property to which water has been allotted as may be necessary for such purposes and notwithstanding any limitations by contract, order, or otherwise, such assessments shall be made and continue until the indebtedness of the district shall be fully paid.
κ1955 Statutes of Nevada, Page 654 (CHAPTER 380, SB 155)κ
property to which water has been allotted as may be necessary for such purposes and notwithstanding any limitations by contract, order, or otherwise, such assessments shall be made and continue until the indebtedness of the district shall be fully paid.
Sec. 22. Board to Hear Objections to Assessments; Procedure; Appeal to District Court.
1. Prior to the first day of April of each year in which assessments are made, the board shall appoint a time and place or places where it will meet within the district for the purposes of hearing objections to assessments, and prior notice of such hearing shall be given by publication in two issues, a week apart, in some newspaper of general circulation published in each county; but if there is any county in the district in which there is no newspaper published, then such notice shall be published in an adjoining county. The notice shall notify the owners of property in the district that in the secretarys office may be found and examined a description of the property so assessed, the amount of the assessment thereon fixed by the board, and the time and place or places fixed by the board for the hearing of objections to such assessments. It shall not be necessary for the notice to contain separate descriptions of the lots or tracts of real estate, but it shall be sufficient if the notice shall contain such descriptions as will inform the owner whether or not his real estate is covered by such descriptions, and will inform the owner where can be found of record the amount of assessments. If, in the opinion of any person whose property is assessed, his property has been assessed too high, or has been erroneously or illegally assessed, he may, at any time before the date of such hearing, file written objections to such assessments, stating the grounds of such objections, which statement shall be verified by the affidavit of the person or his agent. In such hearing the board shall hear such evidence and arguments as may be offered concerning the correctness or legality of such assessment and may modify or amend the same. Any owner of property desiring to appeal from the findings of the board as to assessment shall, within 30 days from the findings of the board, file with the clerk of the court a written notice making demand for trial by the court. The appellant at the same time shall file a bond with good and sufficient security to be approved by the clerk of the court and in a sum not exceeding $200 to the effect that if the finding of the court be not more favorable to the appellant than the finding of the board the appellant will pay the cost of the appeal. The appellant shall state definitely from what part of the order the appeal is taken. In case more than one appeal is taken, the court may, upon its showing that the same may be consolidated without injury to the interests of any one, consolidate and try the same together.
2. The court shall not disturb the findings of the board unless the findings of the board in any case are manifestly disproportionate to the assessments imposed upon other property in the district created under this act. The trial shall be to the court and the matter shall take precedence before the court and shall be taken up as promptly as may be after the appeal is filed.
κ1955 Statutes of Nevada, Page 655 (CHAPTER 380, SB 155)κ
be after the appeal is filed. If no appeal is taken from the findings of the board within the time prescribed in this section, or after the findings of the court in case an appeal is taken from the findings of the board, then the assessment shall be final and conclusive evidence that the assessments have been made in proportion to the benefits conferred upon the property in the district by reason of the improvements to be constructed under the provisions of this act, and such assessments shall constitute as perpetual lien upon such property so assessed until paid.
Sec. 23. Officials Charged With Duty to Collect Taxes; Taxes Levied Create Equal Lien. The officer or body having authority to levy taxes within each county, city and county, or town shall levy the taxes and special assessments as provided in this act, and all county, or city and county, officials, charged with the duty of collecting taxes, shall collect such taxes and special assessment in the time, form and manner and with like interest and penalties as county or city and county taxes are collected and when collected shall pay the same to the district ordering its levy and collection; and the payment of such collections shall be made through the secretary of the district and paid into the depository thereof to the credit of the district. All taxes and assessments made under this act, together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall, until paid, constitute a perpetual lien on a parity with the tax lien of general, state, county, city, town or school taxes and no sale of such property to enforce any general, state, county, city, town or school tax or other liens shall extinguish the perpetual lien of such taxes and assessments.
Sec. 24. Sale of Real Property for Unpaid Taxes, Assessments. If the taxes and assessments levied are not paid as herein provided, then the real property, if not redeemed within the time allowed by law, shall be sold and conveyed for the payment of taxes, assessments, interest and penalties in the manner provided by chapter 344, Statutes of Nevada 1953, for the sale of real property after default in payment of general taxes.
Sec. 25. Property Exempt From Assessments. All property of whatever kind and nature owned by the state and by towns, cities, school districts, drainage districts, irrigation districts, water districts, or any other governmental agency or agencies within the district, shall be exempt from assessment and levy by the board as provided by this act for the purposes herein contained.
Sec. 26. Board May Dispose of Water Under Contracts. The board may sell, lease or otherwise dispose of the use of water to persons, public or private corporations, mutual ditch companies and water users associations as shall be provided by term contracts, or by contracts for the perpetual use of such water, authorized and entered into by the board of directors; and said board may require that security be given to secure the payments to be made under such contract or contracts. In contracts with public corporations, the security required may be supplied by including appropriate provisions for the levying by such corporations of special assessments to meet annual payments to the district.
κ1955 Statutes of Nevada, Page 656 (CHAPTER 380, SB 155)κ
required may be supplied by including appropriate provisions for the levying by such corporations of special assessments to meet annual payments to the district.
Sec. 27. Liens to Secure Payment of Annual Installments. To meet the annual installments as provided in contracts for the use of water:
1. A water users association may bind itself to levy an annual assessment on the use of water and to secure the same by liens on land and water rights or in such manner as may be provided by law.
2. A mutual ditch or irrigation company may bind itself by mortgage upon its irrigation works and system and levy annual assessments upon its stockholders.
3. Any person or corporation landowner may create a mortgage lien upon lands or give other security satisfactory to the board; and all such contracts shall provide for forfeiture of the use of water for nonpayment of assessments or installments.
Sec. 28. Board May Create Sinking Fund. Whenever a contract of indebtedness has been created by the district, it shall be lawful for the board to make the annual levy of taxes and special assessments in such amount as will create a surplus of funds to meet the annual installments of indebtedness and interest and the necessary maintenance and operating charges, and the board shall cause such surplus funds to be placed in a sinking fund which may be used for the payments of contingencies, defaults and delinquencies, and to pay the future annual installments of indebtedness on contracts and interest.
Sec. 29. Powers of Board in Distribution of Water. The board shall have the following powers concerning the management, control, deliver, use and distribution of water by the district:
1. To make and enforce all reasonable rules and regulations for the management, control and delivery of water.
2. To withhold the delivery of water upon which there are any defaults or delinquencies of payment.
3. Subject to such limitations as may be prescribed by the board of directors, to provide for and declare forfeitures of rights to the use of water upon default or failure to comply with any order, contract or agreement for the purchase, lease or use of water and to resell, lease or otherwise dispose of water upon which forfeiture has been declared.
4. To allocate and reallocate the use of water to lands within the district.
5. To provide for and grant the right, upon terms, to transfer water from lands to which water has been allocated to other lands within the district and to discharge liens from lands to which same was theretofore attached and to create liens, as provided in this act, upon lands to which the use of such water is transferred.
Sec. 30. The Board May Enter Into Contracts Relative to the Operation and Maintenance of Works for the Generation of Electrical Energy and to the Acquisition or Disposition Thereof. The board is hereby authorized to enter into contracts for the operation and maintenance of works for the generation and supplying of electrical energy and for the disposition of power generated thereat. The board may also enter into contracts for the acquisition, purchase, sale or other disposition of electrical energy.
κ1955 Statutes of Nevada, Page 657 (CHAPTER 380, SB 155)κ
also enter into contracts for the acquisition, purchase, sale or other disposition of electrical energy.
Sec. 31. Change of Boundaries; Petition for Inclusion of Other Lands; Procedure. The boundaries of any district organized under the provisions of this act may be changed in the manner herein prescribed, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had such change of boundaries not been made. The owners of lands may file with the board a petition, in writing, praying that such lands be included in the district. The petition shall describe the tracts or body of land owned by the petitioners, and such petition shall be deemed to give assent of the petitioners to the inclusion in the district of the lands described in the petition, and such petition must be acknowledged in the same manner that conveyances of land are required to be acknowledged. The secretary of the board shall cause notice of filing of such petition to be given and published in the county in which the lands are situated, which notice shall state the filing of such petition, names of petitioners, description of lands mentioned and the prayer of the petitioners; and it shall give notice to all persons interested to appear at the office of the board at the time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned or at such time or times at which the hearing may be adjourned proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause why the petition should not be granted. The failure of any person interested to show cause, in writing, shall be deemed and held and taken as an assent on his part to the inclusion of such lands in the district as prayed for in the petition. If the petition is granted, the board shall make an order to that effect and file same with the clerk of the court and upon order of the court the lands shall be included in the district.
Sec. 32. Petition for Exclusion of Lands in District; Procedure; Court Order. The owner or owners in fee of any lands constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from the district. Petitions shall describe the lands which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which the lands, or the major portion thereof, are located. The notice shall state the filing of such petition, the names of petitioners, descriptions of lands mentioned in the petition, and the prayer of the petitioners; and it shall notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause as aforesaid, why the prayer of the petition should not be granted.
κ1955 Statutes of Nevada, Page 658 (CHAPTER 380, SB 155)κ
of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented, in writing, by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the lands mentioned in the petition, or any part thereof. The board, if they deem it not for the best interests of the district that the lands mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that the petition be denied; but if they deem it for the best interest of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if there are not outstanding bonds of the district, then the board may order the lands mentioned in the petition or some portion thereof to be excluded from the district. In case a contract has been made between the district and the United States or any agency thereof, no change shall be made in the boundaries of the district unless the Secretary of the Interior shall assent thereto in writing and such assent be filed with the board. Upon such assent, any lands excluded from the district shall upon order of the court be discharged from all liens in favor of the United States under the contract with the United States or under bonds deposited with its agents. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such change with the clerk of the court and upon order of the court the lands shall be excluded from the district.
Sec. 33. The Board May Enter Into Contracts Relative to Payments To Be Made to the United States. To pay for construction, operation and maintenance of works and expenses preliminary and incidental thereto, the board is hereby authorized to enter into a contract or contracts with the United States or any agency thereof, providing for payment therefor in installments or otherwise.
Sec. 34. Acquisition of Works. Whenever the board incorporated under this act shall, by resolution, adopted by a majority of the board, determine that the interests of the district and the public interest or necessity demand the acquisition, construction or completion of any source of water supply, waterworks, or other improvements, or facility, or the making of any contract with the United States or other persons or corporations, to carry out the objects or purposes of the district, wherein the indebtedness or obligations shall be crated, to satisfy which shall require a greater expenditure than the ordinary annual income and revenue of the district shall permit, the board shall order the submission of the proposition of issuing such obligation or indebtedness, for the purposes set forth in the resolution, to such qualified electors of the district as shall have paid a tax on property in the district in the year preceding such election, at an election held for that purpose. In the order submitting such propositions to the electors the board shall, if it is proposed that the indebtedness be secured by pledge of any revenues of the district, so state and shall designate the revenues to be so pledged. Any election held for the purpose of submitting any proposition or propositions of incurring such obligation or indebtedness may be held separately, or may be consolidated or held concurrently with any other election authorized by law at which such qualified electors of the district shall be entitled to vote.
κ1955 Statutes of Nevada, Page 659 (CHAPTER 380, SB 155)κ
concurrently with any other election authorized by law at which such qualified electors of the district shall be entitled to vote. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall also fix the compensation to be paid the officers of the election and shall designate the precincts and polling places and shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election, which officers shall consist of three judges, one of whom shall act as clerk, who shall constitute a board of election for each polling place. The description of precincts may be made by reference to any order or orders of the board of county commissioners of the county or counties in which the district or any part thereof is situated, or by reference to any previous order or resolution of the board or by detailed description of such precincts. Precincts established by the boards of the various counties may be consolidated for special elections held hereunder. In the event any such election shall be called to be held concurrently with any other election or shall be consolidated therewith, the resolution calling the election hereunder need not designate precincts or polling places or the names of officers of election, but shall contain reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefrom.
Sec. 35. Resolution for Creation of Indebtedness Under Section 34 To Be Published. The resolution provided for in section 34 shall be published once a week for two consecutive weeks, the last publication of which shall be at least 10 days prior to the date set for the election, in a newspaper of general circulation printed and published within the district, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made.
Sec. 36. Conducting of Election; Canvass of Returns. The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district. At any regular or special meeting of the board held not earlier than 5 days following the date of such election, the returns thereof shall be canvassed and the results thereof declared. If any election held hereunder shall be consolidated with any primary or general election, the returns thereof shall be made and canvassed at the time and in the manner provided by law for the canvass of the returns of such primary or general election. The canvassing body or bodies shall promptly certify and transmit to the board a statement of the result of the vote upon the proposition submitted hereunder.
κ1955 Statutes of Nevada, Page 660 (CHAPTER 380, SB 155)κ
certify and transmit to the board a statement of the result of the vote upon the proposition submitted hereunder. Upon receipt of such certificates, the board shall tabulate and declare the results of the election held hereunder.
Sec. 37. Majority Vote Required to Authorize Such Indebtedness; Resubmission of Proposition. If it shall appear from the returns that a majority of the qualified electors of the district who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations and enter into such contract 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 other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.
Sec. 38. Board May Petition Court for Judicial Determination of Orders; Acts; Powers; Taxes; Contracts, Etc. The board may, in its discretion, at any time file a petition in the court, praying a judicial examination and determination of the validity of the proceedings for the formation of any water conservancy district or subdistrict thereof purported to be formed under the provisions of this act or any amendment thereof or of any power conferred hereby or by any amendment hereto or of any tax or assessment levied or of any act, proceeding or contract of any such district or subdistrict, whether or not the contract shall have been executed, including proposed contracts for the acquisition, construction, maintenance or operation of works for such district or subdistrict. Such petition shall set forth the facts whereon the validity of such order, power, assessment, act, proceeding or contract is founded and shall be verified by the president of the board. Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a complete copy of any contract or contracts, therein mentioned, may be examined. The notice shall be served by publication at least once a week for four consecutive weeks in a newspaper of general circulation in the county in which the principal office of the district is located, and by posting the same in the office of the district at least 30 days prior to the date fixed in the notice for the hearing on the petition. Any owner of property in the district or person interested in the contract or proposed contract may appear and answer the petition at any time prior to the date fixed for the hearing or within such further time as may be allowed by the court; and the petition shall be taken as confessed by all persons who fail so to appear. The petition and notice shall be sufficient to give the court jurisdiction and, upon hearing, the court shall examine into and determine all matters and things affecting the question submitted, shall make such findings with reference thereto and render such judgment and decree thereon as the case warrants.
κ1955 Statutes of Nevada, Page 661 (CHAPTER 380, SB 155)κ
and render such judgment and decree thereon as the case warrants. Costs may be divided or apportioned among the contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other similar cases, except that such review must be applied for within 30 days after the time of the rendition of such judgment, or within such additional time as may be allowed by the court within 30 days. The Nevada Rules of Civil Procedure shall govern in the matters of pleading and practice where not otherwise specified herein. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties.
Sec. 39. Due notice; Jurisdiction of District Court Not Lost for Failure to Give Notice. In every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
Sec. 40. Cases Hereunder To Be Heard at Earliest Practicable Moment. All cases in which there may arise a question of the validity of the organization of a water conservancy district or a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.
Sec. 41. Liberal Construction. This act being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this act.
Sec. 42. Partial Invalidity; Savings Clause. Should the courts of the state or of the United States declare any section, provision, paragraph, clause, sentence, phrase, or part thereof, of this act invalid or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, phrase, or part thereof, of this act, then such decision shall affect only the section, provision, paragraph, clause, sentence, phrase, or part thereof declared to be unconstitutional or unauthorized, and shall not affect any other part whatsoever of this act. The legislature of the State of Nevada hereby declares that it would have passed this act and each section, provision, paragraph, clause, sentence, or phrase thereof, irrespective of the fact that any one or more of the other sections, provisions, paragraphs, clauses, sentences, or phrases, or parts thereof, be declared invalid or unconstitutional.
Sec. 43. Acts in Conflict Declared Nonoperative as to This Act. All acts or parts of acts conflicting in any way with any of the provisions of this act in regard to the improvements or improvement districts, or regulating or limiting the power of taxation or assessments, or otherwise interfering with the accomplishment of the purposes of this act according to its terms, are hereby declared nonoperative and noneffective as to this act as completely as if they did not exist.
κ1955 Statutes of Nevada, Page 662 (CHAPTER 380, SB 155)κ
noneffective as to this act as completely as if they did not exist. But all such acts and parts of acts shall not in any other way be affected by this act.
Sec. 44. Effective Date. This act shall become effective upon passage and approval.
________
Assembly Bill No. 370Mr. Hanson
CHAPTER 381
AN ACT incorporating the city of Gabbs, in Nye County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor; and other matters properly relating thereto.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Creation of City. All persons, inhabitants of that portion of Nye County, Nevada, embraced within the limits hereinafter set forth, shall be and constitute a body politic and corporate by the name and style of The City of Gabbs, and by that name and style they and their successors shall be known in law, have perpetual succession, and sue and be sued in all courts. The territory embraced in the city is that certain land situate in the county of Nye, State of Nevada, described as follows:
The west 1/2 of section 26; the southeast 1/4 and the southwest 1/4 of section 27; the southeast 1/4 of section 28; all of section 33; the west 1/2 of section 34; and the northwest 1/4 of section 35, all in township 12 N., range 36 E., M.D.B.&M.; and which shall include all of the inhabitants, lands, tenements, and real and personal property within the boundaries and within the divisions and subdivisions of land hereinabove described; and, also, such other additional lands and tenements as may, at any time hereafter, be embraced or included within established limits of the city as hereinafter provided. The city shall have such powers, rights, authority, duties, privileges and obligations as are hereinafter set out and described.
Sec. 2. Annexation of Adjacent Territory. Territory adjoining and contiguous to the corporate limits of the city of Gabbs may be annexed to the city upon application therefor in writing describing the territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for the members of the legislature of the State of Nevada and who are taxpayers in the county of Nye, such petitioners to possess both of such qualifications. Upon the filing of such petition the board of councilmen shall cause to be given notice thereof by publication in a newspaper printed and published in the county, at least once, and at least 10 days prior to the meeting of the board at which the petition may be acted upon. At such meeting the board shall either accept or reject the petition and declare or refuse to declare annexed to the city the property described in the petition.
κ1955 Statutes of Nevada, Page 663 (CHAPTER 381, AB 370)κ
Sec. 3. Wards. The city of Gabbs shall consist of three wards, situate and described as follows:
1. All of section 33 and the west 1/2 of section 34, township 12 N., range 36 E., M.D.B.&M., shall be the first ward.
2. The southeast 1/4 of section 28 and the southwest 1/4 of section 27, township 12 N., range 36 E., M.D.B.&M., shall be the second ward.
3. The southeast 1/4 of section 27, the west 1/2 of section 26 and the northwest 1/4 of section 35, township 12 N., range 36 E., M.D.B.&M., shall be the third ward.
For the purpose of convenience of holding elections there shall be but one voting precinct. All elective officers shall be elected by the voters of the city at large.
Sec. 4. Additional Powers. The city may have and use a common seal and alter the same at pleasure, and may purchase, receive, hold and enjoy real and personal property within or without the city, and sell, convey and dispose of the same for the common benefit; and may determine and declare what are public uses, for the purposes of the city, and when the necessity arises or exists of condemning lands or property therefor, and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every and all acts and things whatsoever necessary to carry out the purposes of such bequests, devises, gifts and donations, with full power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of such bequest, devise, gift, donation or trust.
Sec. 5. Board of Councilmen-First Election. The governing body of the city of Gabbs shall consist of a board of councilmen, composed of a mayor and three councilmen, whose first election shall be held in the manner and at the time as follows:
First-It shall be the duty of the board of county commissioners of Nye County, on or before April 15, 1955, to issue a proclamation for an election to be held within the limits of the city of Gabbs, the election to be held on a day fixed by the board of county commissioners, which shall not be less than 20 nor more than 30 days from the date of the proclamation. All of the qualified resident electors of the city of Gabbs as described in section 1, as shown by the registered list at the last general election, shall have the right to vote at such election. The proclamation shall state that the qualified resident voters of the city of Gabbs shall vote for and elect a mayor and three councilmen for the city of Gabbs.
Second-The board of county commissioners shall cause the proclamation to be published in some newspaper in the county of Nye once at least 10 days prior to the date of the election, and printed notices of such proclamation shall be posted in three public places in the city. The proclamation shall fully set forth the purposes of the election, and any and all other or further matters necessary or required fully and fairly to apprise the qualified resident electors of the precinct of the date, time and place of holding such election, the purpose thereof, the conditions under which the same is held, the name of the inspectors of such election, and such other matters as may be deemed proper in the premises.
κ1955 Statutes of Nevada, Page 664 (CHAPTER 381, AB 370)κ
inspectors of such election, and such other matters as may be deemed proper in the premises.
Third-All provisions of the law relating to general elections, so far as the same can be made applicable and not inconsistent with the provisions of this act, shall apply to and be observed in the proclamation calling for and the conduct of such election hereinbefore provided for, as well as applied to and observed in the appointment of inspectors making and canvassing the returns of the election.
Fourth-No candidate for office at such election shall be entitled to have his name placed upon the official ballot unless such candidate shall, at least 10 days before the date of such election, file in the office of the county clerk of Nye County a petition signed by at least 10 percent of the qualified resident electors of the city of Gabbs as shown by the registration list thereof at the last general election; such petition shall show the nominee therein possesses the qualifications as required by this act for the office for which he is nominated. Each person desiring to become a candidate, and who shall have filed his petition as herein set forth, shall be entitled to have his name placed upon the official ballot, as in this act provided.
Fifth-The board of county commissioners shall authorize and direct the county clerk of the county to cause to be printed a sufficient number of ballots for the election upon which shall appear the names of the candidates for the offices above specified. The county commissioners shall, at least 10 days before the election, also appoint two inspectors and two clerks to conduct the election, and they shall conduct the election in accordance with the laws of the state governing elections. The officers of such election shall make returns to the board of county commissioners, who shall, within 5 days thereafter, meet and canvass the vote, and shall immediately cause to be entered upon their minutes the result of such canvass, and shall proclaim as follows: The board of county commissioners shall forthwith cause a certificate of election to issue to the person receiving the highest number of votes for mayor. The three candidates receiving the highest number of votes for councilman shall be declared elected to the office of councilman for the city of Gabbs by the board of county commissioners of Nye County, who shall thereupon cause a certificate of election to be issued to each of such persons. The board of county commissioners shall cause all of the expenses of printing and publishing the proclamation and the holding of such election, and such other costs and expenses as may have been necessarily incurred prior to the election in the matter of incorporation of the city, to be paid out of the city of Gabbs general fund.
Sec. 6. Officers-Elective. The elective officers of the city of Gabbs shall consist of a mayor and three councilmen. The mayor shall be selected from the city at large, and one councilman shall be selected from each ward.
Sec. 7. Officers, Election of-Election, When and How Held-Councilmen. At the election as above provided for and on the first Tuesday after the first Monday in May 1957, and at each successive interval of 2 years thereafter, there shall be elected at large by the qualified resident voters of the city of Gabbs, at a general election to be held for that purpose, a mayor and three councilmen.
κ1955 Statutes of Nevada, Page 665 (CHAPTER 381, AB 370)κ
qualified resident voters of the city of Gabbs, at a general election to be held for that purpose, a mayor and three councilmen. The mayor shall hold office for a period of 2 years, one councilman for a period of 4 years, and two councilmen for a period of 2 years and until their successors shall have been elected and qualified. The councilman-elect having received the largest number of votes cast in the 1955 election shall hold office for the first period of 4 years, and thereafter the 4-year term of councilman shall alternate ward to ward. The board of councilmen of the city shall order the general election and shall determine the place in the city for holding the same, and the mayor of the city shall make proclamation thereof, and otherwise the election and the manner of holding the same shall be governed by the laws of the State of Nevada governng general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general election laws of the state to provide for some feature of the city election, then the board of councilmen of the city of Gabbs shall have the power to provide for such deficiency.
Sec. 8. Officers, Election of-Canvass of Returns, When and by Whom-Tie Vote Procedure. On the Tuesday following the election, or as soon thereafter as practicable, the board of councilmen of the city of Gabbs then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes. And in the event is should appear that a tie vote exists as to any two or more of the candidates for any office made elective by popular vote, the board of councilmen of the city of Gabbs shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board in the presence of such candidates shall determine the tie by lot. The board of councilmen shall thereupon cause to be issued to each of the successful candidates for elective offices a certificate of election, and such certificate or certified copy thereof shall be received in evidence in any court in this state as prima facie evidence of the election of such officer.
Sec. 9. Officers, Appointive and Ex Officio-Enumeration of-Compensation. The county assessor of the county of Nye shall be ex officio assessor of the city of Gabbs; the justice of the peace of Gabbs township, county of Nye, shall be ex officio police judge and preside over the municipal court of the city of Gabbs; the city clerk shall be ex officio license collector of the city of Gabbs; the constable of Gabbs township, county of Nye, shall be ex officio city marshal of the city of Gabbs. The assessor of the county of Nye and ex officio city assessor of the city of Gabbs shall perform the duties of his office under the city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of councilmen, upon the request of the city assessor may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit. The assessor of the county of Nye, the justice of the peace and the constable of Gabbs township, county of Nye, shall be liable on their official bonds for the faithful discharge of their duties imposed on them by this act.
κ1955 Statutes of Nevada, Page 666 (CHAPTER 381, AB 370)κ
this act. The board of councilmen may fix, allow and pay a salary or fees to the ex officio judge and the ex officio city marshal, but not in excess of $150 each calendar month. The board of councilmen shall appoint a city clerk with a salary to be fixed by the board, which salary shall not be in excess of $250 per calendar month; and fees, not in excess of 8 percent for services as city license collector. The county treasurer of Nye County shall be ex officio city treasurer and for his services may receive a salary which shall not be in excess of $250 each calendar month. The board may also in its discretion appoint or employ a city attorney and a city auditor from time to time and compensate them for such legal advice and services as they may deem necessary. The board of councilmen may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the board of councilmen out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of councilmen, be combined and the duties thereof discharged by one person.
Sec. 10. Officers, Elective-Qualifications of. The mayor and each of the three councilmen shall not be less than 25 years of age, citizens of the United States, and for at least 2 years immediately preceding their election residents of the city of Gabbs and qualified voters. All of the officers made elective by the popular vote shall, within 30 days after the result of the election is ascertained, qualify as required by this charter and the constitution and laws of the State of Nevada, and failing to do so within such time, such office shall be and become vacant.
Sec. 11. Official Oath, Qualification. Every person elected by the voters of the city or by the board of councilmen to fill any office under this act shall, before entering on the duties of his office, take and subscribe to the official oath provided by the constitution of this state, and in addition thereto that he is not under any direct or indirect obligation to vote for, appoint or elect any person to any office, position or employment in the city government of the city of Gabbs. All official bonds herein provided for shall be filed with the city clerk of the city with the exception of the bond of the clerk, which shall be filed and recorded in the office of the county recorder of the county of Nye. All elective officers herein provided for shall enter upon their duties upon receiving their certificate of election and upon filing their oath of office and bond duly approved by the district judge as in this act provided.
Sec. 12. Officers, Bonds of-Approved by District Judge. All officers elected by popular vote, before entering upon the duties of their respective offices, shall give bond in the sum of $2,000, and the appointive office of city clerk and ex officio license collector shall require a bond in the sum of $5,000; this latter bond may be increased at the discretion of the board of councilmen; all other appointive officers whose bonds are not herein otherwise provided for shall give bond in such sum as may be fixed by the board of councilmen of the city, payable to the city of Gabbs, Nye County, Nevada, conditioned for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties to be approved by the district judge.
κ1955 Statutes of Nevada, Page 667 (CHAPTER 381, AB 370)κ
for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties to be approved by the district judge. The sureties may become severally liable in amounts not less than $500 each, and each surety shall justify, by subscribing to an affidavit annexed to the bond, to the effect that he is worth the sum for which he becomes liable, in property not exempt from execution, over his just debts and liabilities.
Sec. 13. Mayor and Councilmen, Salary of. The mayor of the city shall receive as remuneration for his services the sum of not to exceed $50 a month, and each of the councilmen shall receive the sum of not to exceed $50 a month.
Sec. 14. Councilmen Not to Hold Other Office-Officers Not to Contract With City or Make Bonds to City-Forfeiture of Office. No member of the board of councilmen shall hold other public office or employment under the county of Nye, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of Gabbs, nor be elected or appointed to any office created by or the compensation of which was increased or fixed by the board of councilmen while he was a member thereof. Nor shall any member of the board of councilmen of the city be pecuniarily interested, directly or indirectly, in any contract let by the city, or in any matter wherein the rights or liberties of the city are or may be involved; nor shall any member of the board of councilmen be interested, directly or indirectly, in any public work or contract let, supervised or controlled, or which shall be paid for wholly or in part by the city; nor shall any such councilman become the surety of any person on any bond or other obligation of the city.
Any member of the board of councilmen of the city becoming interested, directly or indirectly, as aforesaid, or by commission, or retainer, or fee, or by gift, or loan given or received at the time of the transaction or before or after the same, in any contract, franchise, work, purchase, or sale, by or with any agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in the city and shall be expelled therefrom by the board of councilmen, or, if they shall fail to remove the member of the board of councilmen, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in the district court of Nye County in such proceedings as appropriate and proper.
Sec. 15. Officers, Elective-Removal of-Investigation. The board of councilmen shall have power to remove any elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations herein set forth. That whenever charges are preferred in writing under oath, against any such officer for any or all of the offenses named or provided for above, it shall be the duty of the board to have the accused duly served with a copy of such charges, and shall set a day to inquire into the truth of such charges, and shall notify the accused and other members of the board and the witnesses for and against the accused to be present, and the board of councilmen shall constitute a court to try and determine the case, and they are hereby vested with the exclusive jurisdiction to hear and determine the charges, and may continue the investigation from day to day upon proper showing to enable the accused or prosecutor to get material evidence before the board.
κ1955 Statutes of Nevada, Page 668 (CHAPTER 381, AB 370)κ
for and against the accused to be present, and the board of councilmen shall constitute a court to try and determine the case, and they are hereby vested with the exclusive jurisdiction to hear and determine the charges, and may continue the investigation from day to day upon proper showing to enable the accused or prosecutor to get material evidence before the board. The accused shall have the right to be heard in person or by counsel, or both, and the board shall likewise be represented by counsel, if they desire it. Upon the conclusion of the investigation and argument of the case a vote shall be taken on each charge and specification, and if the majority of all members of the board vote to sustain any such charge against the accused, the board shall enter or cause to be entered its judgment, in which shall be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant. But if the vote is otherwise, the accused shall be declared not guilty and judgment entered accordingly, but such judgment shall not be prejudicial to the rights of recall as hereinafter provided.
Sec. 16. Recall of Officer-Procedure-Election of Successor. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least 20 percent of the entire number of persons entitled to vote in the city at the time, demanding an election for the recall of, or for the election of a successor to the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement, in not more than 200 words, of the grounds for which the removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each of such papers shall make oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed. Within 10 days after the filing of such petition, the city clerk shall examine same and from the list of qualified voters ascertain whether or not the petition is signed by the requisite number of qualified voters, and if necessary the councilmen shall allow him extra help for that purpose, and he shall forthwith attach to the petition a certificate showing the result of the examination. If by the clerks certificate the petition is shown to be insufficient it may be amended within 10 days from the date of the certificate. The clerk shall, within 10 days after such amendment, make like examination of the amended petition, and if his certificate shall show same to be insufficient it shall be returned to the person filing the same without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found sufficient the clerk shall submit the same to the councilmen forthwith. If the petition shall be found to be sufficient the board shall order and fix a date for holding the election not less than 30 days nor more than 40 days from the date of the clerks certificate to the board that a sufficient petition is filed; provided, however, that if such officer shall offer his resignation within 5 days after the filing of the petition aforesaid, such resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of the special election shall be finally declared.
κ1955 Statutes of Nevada, Page 669 (CHAPTER 381, AB 370)κ
the date of the clerks certificate to the board that a sufficient petition is filed; provided, however, that if such officer shall offer his resignation within 5 days after the filing of the petition aforesaid, such resignation shall be accepted, and the vacancy thereby caused shall be filled in the manner provided by law; if such officer shall not resign, he shall continue to perform the duties of his office until the result of the special election shall be finally declared. The board shall make or cause to be made publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects as are other city elections. On the ballot at the election there shall be printed verbatim, as set forth in the recall petition, the reason for demanding the recall of the officer, and, in not more than 200 words, the officers justification of his course in office, if furnished by him. If there be no other candidate nominated to be voted upon at the special election, there shall be printed on the ballot the name of the officer sought to be recalled, the office which he holds, and the words For Recall and Against Recall; if there be other candidates nominated for the office to be voted for at the special election, there shall be printed upon the ballot the name of the officer sought to be recalled and the office which he holds, and the name or names of such other candidates as may be nominated to be voted for at the special election, and the words For Recall and Against Recall shall be omitted; in other respects the ballot shall conform with the requirements of the general election laws applicable to city elections. If there be other candidates nominated to be voted for at the special election, the candidate who shall receive the highest number of votes at the special election shall be deemed elected for the remainder of the term, whether it be the person against whom the recall petition was filed or another. If any officer be recalled upon such special election and other candidates are not nominated to be voted for at the special election, the vacancy thereby created shall be filled in the manner provided by law. No petition for the recall of any public officer shall be circulated or filed against such officer until he has actually held his office 6 months. After one such petition and special election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless the further petitioners shall pay into the public treasury, from which the expenses of the special election have been paid, the whole amount paid out of the public treasury as expenses for the preceding special election. Other candidates for the office may be nominated to be voted for at the special election by petition, which petition shall be signed by the qualified electors of the city qualified to vote for a successor of such incumbent equal in number to 20 percent of the entire number of persons entitled to vote in the city at such time. The nominating petition shall be filed with the officer with whom the recall petition is filed, at least 15 days prior to the date of the special election.
Sec. 17. Vacancy in Office-Resignation-Election of Successors. Resignation of the mayor or any councilman elected under this act, or any other charter officer created by this act, shall be made in writing to the board of councilmen for their action thereupon. In case of the removal of the domiciles of the mayor or any councilman or any other charter officer from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in his office.
κ1955 Statutes of Nevada, Page 670 (CHAPTER 381, AB 370)κ
removal of the domiciles of the mayor or any councilman or any other charter officer from the territorial limits of the city, such removal shall ipso facto be deemed to create a vacancy in his office. In case of any vacancy from any cause in the office of mayor or any councilman, the same shall be filled for the unexpired term by a majority vote of the remaining members of the board.
Sec. 18. Oaths, Who May Administer. Each councilman and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.
Sec. 19. Board of Councilmen, Powers-Councilmen in Charge of Several Departments, Duties of-Designation of Mayor, Charge of. The board of councilmen so constituted shall have control and supervision over all of the departments of the city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management, and operation of all the departments of the city and whatever agencies may be created for the administration of its affairs. The mayor shall designate from among the councilmen, at the first meeting of the board after their election and qualification, at each election, or as soon thereafter as may be practicable, one councilman who shall be known as superintendent of police, who shall be the executive officer of his department and who shall have the power to employ policemen and to discharge them at any time when in his discretion such action will improve the service, and to exercise any power and control over the department that he may deem necessary for the improvement of the service in the department; provided, however, his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the councilmen; and one councilman to be known as superintendent of streets and public property, who shall be the executive officer of his department, and who shall have under his special charge the supervision of streets, alleys, public grounds, and property of the city, and be charged with the duty of keeping the streets and alleys, public grounds, and property clean and in a sanitary condition, and with the enforcement of all rules and regulations necessary to these ends; and one councilman to be known as the superintendent of fire, water, sewerage, and light, who shall be the executive officer of his departments and who shall see to the enforcement of all rules and regulations with respect to the departments, and shall see that all contracts with reference thereto are faithfully complied with, and that the conditions of the grant of any franchise privileges are faithfully complied with, and performed; and who shall have general supervision over the fire department and the power to employ firemen and to discharge them at any time when, in his discretion, such action will improve the service, and to exercise any power and control over the departments that he may deem necessary for the improvement of the departments; provided, however, that his control so exercised shall not be in conflict with other provisions of this act, or ordinance of the city, or any rule or regulation put in force by the board of councilmen.
κ1955 Statutes of Nevada, Page 671 (CHAPTER 381, AB 370)κ
of councilmen. The mayor shall be known as the superintendent of finance and revenue, and shall be the executive officer of his department, and shall have under his special charge the enforcement of all laws for the assessment and collection of taxes of every kind and the collection of all revenues belonging to the city, from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of the city; it being the purpose of this act to charge each councilman in control of a department with its management, and to fix directly upon him the responsibility for its proper conduct; provided, the mayor shall have the power at any time, when in his discretion it is for the best interests of the service in any department under the special charge of any councilman, to recall the appointment of such councilman and designate another councilman as the superintendent of such department, and to designate the councilman so removed superintendent over another department.
Sec. 20. Mayor, Powers and Duties. The mayor shall be the chief executive officer of the city and shall be the ex officio president of the board of councilmen, and shall see that all the laws thereof are enforced; he shall be clothed with all the authority that is now or may hereafter be vested in a mayor by general law so far as the same may be applicable and not in conflict with this act. He shall have and exercise such power, prerogative and authority, acting independent of or in concert with the board of councilmen, as are conferred by the provisions of this act, as may be conferred upon him by the board of councilmen, and not inconsistent with the general purpose and provisions of this charter, and shall have the right and authority at any time to suspend any officer or employee of the city subject to the provisions of this act; provided, however, he shall not have the right to remove one of the councilmen of the city or other charter officers except by acting in concert with the other members of the board of councilmen when present, and may vote on all questions the same as other councilmen. In the event of a vote in an acting board consisting of four members including the mayor, which shall result in a vote of two against two, the manner in which the vote is cast by the mayor shall determine the question.
Sec. 21. Claims and Accounts-Warrants, How Issued-Financial Statements, Publication of. The councilmen named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another councilman to act in his stead during his absence, or to audit such claims or accounts as the councilman shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of councilmen and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him. The holder of any claim which has been rejected in whole or in part may, within 6 months after such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if such action be not commenced within such period, such claim or amount so rejected, together with the action thereon, shall be forever barred, and the board of councilmen shall not have power to allow or pay the same in whole or in any part at any time subsequently.
κ1955 Statutes of Nevada, Page 672 (CHAPTER 381, AB 370)κ
commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if such action be not commenced within such period, such claim or amount so rejected, together with the action thereon, shall be forever barred, and the board of councilmen shall not have power to allow or pay the same in whole or in any part at any time subsequently. The action shall be against the city and service of summons in all actions against the city shall be upon the mayor, or, in the event of his absence, upon the vice president of the board. In case of final recovery of judgment by the plaintiff in any action against the city, no execution shall issue therefor, but the board must allow the amount of the same with costs as taxed by the court. The councilmen shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; the board of councilmen shall require a statement to be published or posted, as may be designated by them, in January, April, July, and October of each year, showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof and all outstanding bonds and other obligations.
Sec. 22. Board of Councilmen-Meetings-Special Meetings-Quorum. The board of councilmen shall meet at least once a month in regular meeting at such time as shall be fixed by the board, at the city hall or other designated place in the city, to consider and take under advisement and act upon such business as may come before them. Two councilmen and the mayor or three councilmen shall constitute a quorum for the transaction of all business, but no final action shall be taken in any matter concerning the special department of any absent councilman unless such business has been made a special order of the day, or such action is taken at a regular meeting of the board; provided, that no bonds may be issued nor taxes levied except at a regular meeting attended by the mayor and all three of the councilmen. Special meetings may be called by the mayor or by any two councilmen at any time to consider only such matters as shall be mentioned in the call for the meeting. Written notice of such special meeting shall be given to each member of the board by registered mail, with the postage and registry charges prepaid, and addressed to each member of the board at Gabbs, Nevada, at least 3 days prior to the time for such special meeting. The registry receipts showing that such notices have been sent by registered mail shall be conclusive evidence that such notice has been given as herein provided, and that such special meeting was held pursuant to notice duly, regularly, and legally given. Any proceedings had at any special meeting of the board wherein all of the members thereof shall be present shall be as legal and valid as if had at a regular meeting or at a special meeting upon due notice. A special meeting may be held by unanimous written consent at any time without the giving of the notice hereinabove provided for. Any action of a majority of the board of councilmen, although not a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting.
κ1955 Statutes of Nevada, Page 673 (CHAPTER 381, AB 370)κ
writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting. All official sessions of the board, whether regular or called, shall be open to the public.
Sec. 23. Ordinances-Power to Enact-How Enacted-Style of. The board of councilmen of the city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state or with this charter touching every subject, matter and object within the local government instituted by this act, and the style of the ordinances shall be: Be it ordained by the board of councilmen of the city of Gabbs, but such caption may be omitted when the ordinances are published in book form or are revised and digested under order of the board.
Sec. 24. Board of Councilmen-Procedure-Impeachment. The board of councilmen shall determine its own rules of procedure insofar as the same do not conflict with this act, may punish its members for disorderly conduct, shall compel the attendance of its members, and with the concurrence of a majority of the members elected, may impeach and expel any member. Any member of the board of councilmen who shall have been convicted of bribery or any other felony, or who shall violate any other provision of this act, shall forfeit his office and emoluments attached thereto.
Sec. 25. Vice President-Election and Term of Office. At the first regular meeting of the board of councilmen after their induction into office, it shall be the duty of the board to elect one of its members by a majority vote of the board who shall be known and designated as vice president, and he shall continue to hold the title and office until the expiration of the term of office for which he was elected by the councilmen; but he shall receive no extra pay by reason of being or acting vice president.
Sec. 26. Vice President-Duties-Procedure in Absence of Mayor and Vice President. If for any reason the mayor is absent from the city, sick or unable to perform the duties of his office, the vice president shall act as mayor, and he shall be vested with all the powers and shall perform all the duties of the mayor during such absence or sickness. In case of the absence of both the mayor and the vice president, the remaining councilmen shall elect one of their number to act instead of the mayor or vice president.
Sec. 27. Vice President-Duties-Title-When to Serve as Mayor. In case of the death, resignation, or permanent disability of the mayor, or whenever a vacancy in the office of mayor shall occur for any reason, the vice president shall act as mayor and possess all of the rights and the powers of the mayor and perform all of his duties under the official title, however, of vice president and ex officio acting mayor, until the next municipal election, The board shall, by appointment, fill the vacancy thus created in the office of councilman.
Sec. 28. Board of Councilmen-Investigations by-Contempt-False Swearing. The mayor and the board of councilmen may, and it shall be their duty, at any time, to investigate each and every department of the city government and the official acts and conduct of the city officials, and for the purpose of ascertaining facts in connection with such investigation, shall have the power to compel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as they may deem necessary, and compel the production of books and documents.
κ1955 Statutes of Nevada, Page 674 (CHAPTER 381, AB 370)κ
city officials, and for the purpose of ascertaining facts in connection with such investigation, shall have the power to compel the attendance and testimony of witnesses, to administer oaths, and to examine such persons as they may deem necessary, and compel the production of books and documents. Failure by any one to appear when served by a notice so to do shall be contempt, which may be punished by fine, and in default of the payment thereof, the person so fined may be imprisoned. Willful, false swearing in such investigations and examination shall be perjury and punishable as such.
Sec. 29. Officers, Subordinate-Duties Restricted and Altered-Bonds. The board of councilmen shall have the power, and it shall be their duty to prescribe, by ordinance, the powers and duties of all officers of the city, whether elected or appointed, where the same have not been provided for in this act, and shall have authority from time to time to add thereto, alter or restrict the same, and shall require of all such officers as they may deem necessary, to execute bonds payable to the city in such amount and form as the board of councilmen may provide, with good and sufficient sureties, to be approved by the board of councilmen, conditioned for the faithful discharge of their respective duties. The board of councilmen shall have the power at any time to require any of such officers to execute a new bond or bonds when the existing bond or bonds shall, for any reason, be deemed by the board insufficient.
Sec. 30. Police-Duties. For the preservation of the peace, the police and watchmen shall have all the powers given by law to constables. It shall be their duty to suppress all riots, disturbances and breaches of the peace; to arrest all persons fleeting from justice, to apprehend upon view any person found in the act of committing any offense against the laws of the state, or violating the ordinances of the city, and to take the offender before the proper magistrate or officer to be punished; to make complaints before the proper magistrate of any person known or believed by them to be guilty of crime or any violation of the ordinances of the councilmen, and to serve all processes that may be delivered to them for that purpose, and generally to perform all such duties as may be required by the councilmen for the good government of the city.
Sec. 31. Municipal Court. There shall be in the city a municipal court. The papers, pleadings filed therein, and processes issuing therefrom shall be entitled In the municipal court of the city of Gabbs.
Sec. 32. The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the city for not less than 1 year and who shall be a qualified elector of the city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justices of the peace, wherein any person or persons are charged with breach or violation of the provisions of any ordinance of the city or of this act, or of a violation of a municipal nature, and the court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the city and be governed by the same rules and receive the same fees as are now, or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury.
κ1955 Statutes of Nevada, Page 675 (CHAPTER 381, AB 370)κ
law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have exclusive jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances, or of this charter. The practice and proceedings in the court shall conform, as nearly as practicable, to the practice and proceedings of the justices courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of 1 day for every $2 of such fine, or the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of the city, at a rate of $2 for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
The court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed $300; also, of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed $300; also, of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed $300; also, for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from the court in any of the cases named above, when the principal sum claimed does not exceed $300; also, for the recovery of personal property belonging to the city when the value thereof does not exceed $300; provided, that nothing herein contained shall be construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by justices courts.
The court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or opprobrious conduct, and of all offenses under ordinances of the city.
The court shall be treated and considered as a justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of the court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
κ1955 Statutes of Nevada, Page 676 (CHAPTER 381, AB 370)κ
and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
The police judge shall keep a docket in which shall be entered all official business in like manner as in justices courts. He shall render monthly or oftener, as the councilmen may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.
In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of the county on the written request of the mayor, may act in the place and stead of such police judge, and the councilmen shall have the power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
Appeals to the district court may be taken from any final judgment of the municipal court, in the same manner and with the same effect as in cases of appeal from justices courts in civil and criminal cases, as the case may be.
All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.
Sec. 33. Ordinances-Procedure-Referendum-Initiative-Emergency Measures-Repeal-Notices. Ordinances when first proposed shall be read aloud in full to the board of councilmen and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper published in the county and having a general circulation in the city, at least once and at least 1 week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
No ordinance passed by the board, unless it be an emergency measure, shall go into effect until 30 days after its passage. If at any time during the 30 days, a petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within 90 days, in which event it shall be submitted at such regular municipal election.
κ1955 Statutes of Nevada, Page 677 (CHAPTER 381, AB 370)κ
sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within 90 days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
Emergency measures shall be subject to referendum like other orders passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.
Any proposed ordinance, resolution or amendment to this charter may be submitted to the board by petition signed by qualified electors numbering not less than 20 percent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions, shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution or amendment shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the ordinance, resolution or amendment be submitted to a vote of the people, the board shall either (a) pass such ordinance, resolution or amendment without alteration at its next regular meeting, after the sufficiency of the petition has been determined and certified by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within 90 days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the Ordinance.
Against the Ordinance.
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of 6 months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.
All ordinances shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the county and having a general circulation in such city, at least once before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary.
κ1955 Statutes of Nevada, Page 678 (CHAPTER 381, AB 370)κ
clerk and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the county and having a general circulation in such city, at least once before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and the book or certified copy thereof of the ordinances therein contained, in the name of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the board of councilmen, they shall be so received.
Sec. 34. Powers of Councilmen. The board of councilmen shall have the following powers:
1. 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 act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed $300 or by imprisonment not to exceed 6 months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money on the credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board shall determine; and the board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that the city shall not issue or have outstanding at any one time bonds to an amount in excess of 10 percent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 3 percent of the assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of the city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light, heat and sewerage. The board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within 30 years after issuing the same. The board shall have power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in such manner.
κ1955 Statutes of Nevada, Page 679 (CHAPTER 381, AB 370)κ
indebtedness be incurred except in such manner. The board shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest and the time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for 4 successive weeks in some newspaper of general circulation published in the county, and shall state the date of the meeting at which the board will pass an ordinance providing for the bond issue. At the first regular meeting of the board, or any adjournment thereof, after the completion of publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting the question to a vote of the electors of the city; provided, however, that if a petition shall be presented to the board signed by not less than 20 percent of the qualified electors of the city as shown by the last preceding registration list and representing not less than 10 percent of the taxable property of the city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating the 10 percent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purposes and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by the board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by the board pursuant to a majority vote in favor of the ordinance. The petition for an election herein referred to may be filed with the board any time prior to the date of meeting set in the published notice. Only qualified electors who are taxpayers of the city shall vote at any bond election.
The board may issue revenue bonds for the purpose of acquiring a public utility and the board may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the same, but no such consolidating or refunding bonds shall be issued except in the manner provided in subsection 5 of section 34 of this act.
7. To divide the city into districts for the purpose of local taxation or to create districts for the purpose as occasion may require.
8. To raise revenue by levying and collecting license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of license and terms and manner of their issuance.
κ1955 Statutes of Nevada, Page 680 (CHAPTER 381, AB 370)κ
10. To fix, impose and collect a license tax on and to regulate all character of lawful callings, industries, occupations, professions and business conducted in whole or part within the city. The board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which the tax shall not be paid.
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, or along, and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk and gutter in front or along the same free from snow and other obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury, or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public grounds and buildings, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of automobiles, motorcycles, and other conveyances and vehicles within the limits of the corporation; and to prevent immoderate driving or riding in the streets, alleys, avenues and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To prevent and regulate the playing of ball, the riding of bicycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks.
κ1955 Statutes of Nevada, Page 681 (CHAPTER 381, AB 370)κ
27. To regulate the ringing of bells, blowing of horns, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
28. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
29. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
30. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
31. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of the city.
32. To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of natural gas or manufactured gas, and electric and other lights and electric power, and to regulate the inspection thereof.
33. To construct and maintain water works, gas works and electric light works, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of the works from any person or corporation.
34. To construct or authorize the construction of water works without the city limits for the supply of the city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
35. To regulate and control water and water courses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
36. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public uses; and to prevent all waste of water, and, if necessary, to secure sources of water supply, to purchase or lease land from or upon which the water has been appropriated or applied. Also, to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
37. To fix the rate to be paid for the use of water furnished by the city.
κ1955 Statutes of Nevada, Page 682 (CHAPTER 381, AB 370)κ
38. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
39. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine all such works.
40. To establish markets and market-houses, and to provide for the regulation and use thereof.
41. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
42. To provide for the inspection, measurement or graduation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
43. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
44. To provide for the inspection and sealing of weights and measures.
45. To enforce the keeping and use of proper weights and measures by vendors.
46. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue or suffer nuisances to exist.
47. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, hide or junk warehouses, soap factories, foundries, in, or within 1 mile of the limits of, the corporation.
48. To prohibit any offensive or unwholesome business or establishment in or within 1 mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer or other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the location thereof.
49. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within 12 miles thereof. To create a board of health and prescribe the powers and duties of the same.
50. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of the city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and regulations for the protection and government of such grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
κ1955 Statutes of Nevada, Page 683 (CHAPTER 381, AB 370)κ
and pass rules and regulations for the protection and government of such grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
51. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
52. To provide for the burial of the indigent dead and to pay the expenses thereof.
53. To authorize the taking and to provide for safekeeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
54. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in the city.
55. To define fire limits, and prescribe limits within which no building shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
56. To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, benches, scenery, curtains, blinds, screens, or other appliances therein.
57. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
58. To regulate or prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
59. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, gasoline, turpentine, dynamite, petroleum, or any of the products thereof, and other combustibles or explosive material, and the building of bonfires.
60. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe the rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
61. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
κ1955 Statutes of Nevada, Page 684 (CHAPTER 381, AB 370)κ
stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
62. To prohibit cruelty to animals.
63. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a poundkeeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasury to be disposed of according to law.
64. To provide for the punishment of persons disturbing the peace and good order of the city, or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
65. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
66. To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in the city without visible means of support or some legitimate business.
67. To prevent intoxication, fighting, quarreling, dogfights, cockfights, bullfights, and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of $50.
68. To regulate and prohibit the carrying of concealed weapons.
69. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
70. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated.
κ1955 Statutes of Nevada, Page 685 (CHAPTER 381, AB 370)κ
71. To provide for and regulate the numbering of houses and lots.
72. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries; to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.
73. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
74. The board of councilmen shall have the power to condemn property for public uses.
Sec. 35. Ordinances for Specific Duties. When power is conferred upon the board, to do and perform any act or thing, and the manner of exercising the same is not specifically pointed out, the board may provide by ordinance the manner and details necessary for the full exercise of such power.
Sec. 36. County Commissioners to Apportion Road Fund. The board of county commissioners of Nye County shall, and it is hereby made their duty, from time to time, 6 months after the effective date of this act, upon the request of the board of councilmen, to apportion to the city such proportion of one-half of the general road fund of the county of Nye as the value of the whole property within the corporate limits of the city, as shown by the assessment roll, shall bear to the whole property of the county, inclusive of the property within the city, and all moneys so apportioned shall be expended upon the streets, alleys, and public highways of the city, under the direction and control of the city board of councilmen.
Sec. 37. Corporate Name of City, Plaintiff. All actions brought to recover any fine or to enforce any penalty under any ordinance of the city, shall be brought in the corporate name of the city as plaintiff; and no prosecution, recovery or acquittal for the violation of any such ordinance shall constitute a defense to any other prosecution of the same person for any other violation of any such ordinance, although the different causes of action existed at the same time, and if united would not have exceeded the jurisdiction of a justice of the peace.
Sec. 38. All Fines to go to City Treasurer. All fines and forfeitures for the violation of ordinances and all money collected for licenses or otherwise shall be paid into treasury of the city, at such times and in such manner as may be prescribed by ordinance.
Sec. 39. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court, before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be fully paid.
Sec. 40. Chain Gang. The board of councilmen shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding 8 hours each working day; and for such work the person so employed shall be allowed $2 for each days work on account of such fine and costs.
κ1955 Statutes of Nevada, Page 686 (CHAPTER 381, AB 370)κ
exceeding 8 hours each working day; and for such work the person so employed shall be allowed $2 for each days work on account of such fine and costs. The board may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
Sec. 41. Service of Process and Arrests. Any constable or sheriff may serve any process or make any arrest authorized to be made by any officer of the city.
Sec. 42. Property Delivered to Successors. Every officer of the city shall within 5 days after notification and request, deliver to his successor in office all properties, books, and effects of every description in his possession and belonging to the city, and upon his failure, refusal or neglect to do so shall be liable for all damages cause thereby, and to such penalty as may be by ordinance prescribed.
Sec. 43. Additional Duties May Be Imposed. The duties, powers and privileges of all officers in any way connected with the city government, not herein defined, shall be defined by the board; and the defining by this act of the duties of city officers shall not preclude the board from defining by ordinance further and additional duties to be performed by any such officer.
Sec. 44. Office of the City Clerk. The city clerk shall keep in his office at the place of meeting of the board of councilmen or some other place convenient thereto, as the board may direct. He shall keep the corporate seal and all papers and records of the city and keep a record of the proceedings of, and be the clerk of the board, whose meetings it shall be his duty to attend. Copies of all papers filed in his office and transcripts from all records of the city board certified by him, under the corporate seal, shall be evidence in all courts to the same effect as if the original were produced.
Sec. 45. Duties of the Clerk. He shall countersign all contracts made on behalf of the city. The city clerk shall draw and countersign all orders in pursuance of any order or resolution of the board and keep a full and accurate account thereof in books provided for that purpose; shall make to the board from time to time, upon the order of the board, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall report annually on or before the 1st day of June, to the board, an estimate of the expenses of the city and the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount in bonds, orders, certificates or other evidences of indebtedness issued by the board, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts which have been disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested.
κ1955 Statutes of Nevada, Page 687 (CHAPTER 381, AB 370)κ
of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts which have been disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested. He shall record in a journal all ordinances, bylaws, rules or resolutions passed or adopted by the board, which journal, after being read and approved 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 person or officer and shall charge such person or officer with the same. He shall countersign and certify all claims for the payment of money, executed by the mayor. All claims against the city shall be filed with the clerk, who shall report in writing upon the same and on all matters pertaining to his office at each regular meeting of the board, or oftener if required. The city clerk shall be the official license collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes), and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer. All special taxes whenever and wherever practicable, shall be collected by the city clerk. The time and manner of collection of special taxes, and collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the board, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may take the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business of such place or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within 5 days after the same becomes due and payable, the sum of $1, which shall become and be a part of the license and shall, with such license, be collected by the city clerk, and he shall perform such other duties as the board may provide by ordinances.
κ1955 Statutes of Nevada, Page 688 (CHAPTER 381, AB 370)κ
shall become and be a part of the license and shall, with such license, be collected by the city clerk, and he shall perform such other duties as the board may provide by ordinances.
Sec. 46. Statement of Finances. The city clerk shall prepare on or before the 1st Monday in March of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and disbursements for the previous year, ending December 31, showing:
1. The total receipts of the city, stating particularly the source of each portion of the revenue.
2. The amount of cash on hand at the date of the last report.
3. The amount of sinking fund and how invested.
4. The number, date and amount of every bond issued, or redeemed, and the amount received or paid therefor.
5. The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
6. Each warrant issued, to whom and on what account.
7. The amount of cash in the city treasury and in its several funds. He shall publish on or before the 1st Monday in March of each year, in some newspaper having a general circulation in the county, a notice that such a detailed statement has been prepared, is on file in his office, and open to the public inspection at all times.
Sec. 47. City Treasurer. The city treasurer shall receive all money belonging to the city, including all taxes, licenses, and fines, and keep an accurate and detailed account thereof, in such manner as provided in this act, or as the board from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the city clerk as the board may direct, at the end of every month, and turn over all warrants, interest, coupons, bonds, or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipt of the city clerk therefor, and all such warrants, orders, or other evidence of indebtedness shall be canceled by him, and have written or stamped thereon the date of their payment or redemption.
Sec. 48. Further Duties of City Treasurer. He shall pay no money out save upon lawful warrant, except on account of bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.
The city treasurer shall, in addition to his other duties now imposed upon him by law, receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness.
All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one for the information of the board, and the other of the duplicate receipts shall be given to the officer or person so paying in such money.
κ1955 Statutes of Nevada, Page 689 (CHAPTER 381, AB 370)κ
city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one for the information of the board, and the other of the duplicate receipts shall be given to the officer or person so paying in such money. All such money shall be placed by the treasurer in a fund to be known as the Gabbs general fund; and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness.
On paying any warrant, the treasurer shall write or stamp across the face thereof, in red ink, the word Redeemed, with the date of such redemption, and sign his name thereto officially, and the warrant so canceled shall be sufficient voucher for the treasurer as to the amount paid, in his official settlements with the city, which shall take place annually on the fourth Monday in December of each year or oftener as may be required by the board. The mayor, city clerk, or any member of the board may at any time examine the books and vouchers of the treasurer, concerning the state of finances and moneys in the hands of the treasurer belonging to the city.
The city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient surety bond, to be approved and paid for by the board; the bond to be in such sum as may be required by the board. The city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance.
Sec. 49. Warrants. All warrants shall be paid out of their respective funds in the order in which they shall be issued.
Sec. 50. Receipts for Payments. The treasurer shall give to every person paying money into the city treasury a receipt therefor, specifying the date of payment and upon what account paid; and he shall also file the duplicate of such receipt with the city clerk, as the board may direct, at the date of his monthly report.
Sec. 51. City Moneys Kept Intact. The treasurer shall keep all money belonging to the city separate and distinct from his own money.
Sec. 52. Report of Treasurer. The treasurer shall report to the board at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, and describing such warrants, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment. And all such warrants shall be examined by the board at the time of receiving such report.
Sec. 53. Special Funds. All moneys received from any special assessment shall be held by the treasurer as a special fund, to be applied to payment for the improvement for which the assessment was made, and the money shall be used for no other purpose whatever.
Sec. 54. City Taxes. The board shall annually, at the time prescribed by law for levying taxes for state and county purposes, levy a tax not exceeding 3 percent upon the assessed value of all real estate and personal property within the city made taxable by law; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and county, and whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing, and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city.
κ1955 Statutes of Nevada, Page 690 (CHAPTER 381, AB 370)κ
and personal property within the city made taxable by law; and the tax so levied shall be collected at the same time and in the same manner and by the same officers, exercising the same functions, as prescribed and provided in the revenue laws of the state for the collection of state and county taxes; and the revenue laws of the state shall, in every respect not inconsistent with the provisions of this act, be deemed applicable and so held to the levying, assessing, and collecting of the city taxes; provided, that in the matter of the equalization of assessments, the rights of the city and the inhabitants thereof shall be protected in the same manner and to the same extent by the action of the county board of equalization, as are the state and county, and whenever or wherever practicable and expedient, all forms and blanks used in levying, assessing, and collecting the state and county revenues shall, with such alterations or additions as may be necessary, be used in levying, assessing and collecting the revenues of the city. The board shall enact all such ordinances as it may deem necessary and not inconsistent with this act and the laws of the state, for the prompt, convenient, and economical collecting of the city revenue.
Sec. 55. Revenue Ordinances. The board shall have full power to pass and enact all ordinances necessary or required to carry into effect the revenue laws in the city and to enlarge, fix, and determine the powers and duties of all officers in relation thereto.
Sec. 56. Expenses, How Proportionally Paid. Such part of the expenses of improving any streets, lanes, avenues, or alleys by grading, paving, graveling, curbing, parking, constructing sidewalks or crosswalks, or otherwise improving the same, as the board shall determine, may be paid from the general fund or district street fund, from the proper street district, or the cost or a portion thereof, as the board shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvements and such other lands as in the opinion of the board may be benefited by the improvement. When the board shall determine to make any public improvements, such as laying pavements, constructing sewers, drains, sidewalks, and crosswalks, curbing, macadamizing, oiling, graveling or grading of any streets, avenues, or alleys, or in any way improving the same, and shall determine to defray the whole or any part of the costs or expenses thereof, by special assessment, they shall so declare by ordinance, stating the improvements and what part or proportion of the expenses thereof shall be paid out of the general fund, district street fund or any other fund.
Sec. 57. When Portion Is Paid From City Funds. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the city, or public ground not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board would be justly apportionable to such public grounds and city property, and to any interior squares or spaces formed by the intersection of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvements or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.
κ1955 Statutes of Nevada, Page 691 (CHAPTER 381, AB 370)κ
to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvements or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such an assessment is to be made upon the lots in proportion to their frontage upon the improvement, if, from the shape or size of any lot, the board may assess such lots or such number of feet frontage as in their opinion would be just.
Sec. 58. Municipal Buildings. The cost and expense of a city hall and other buildings for the use of the city, and its officers, engine houses, and structures of the fire department, and other public purposes, shall be paid for from the proper general fund of the city, except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever in the opinion of the board, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvement. Such special assessment may be made in the manner hereinafter specified.
Sec. 59. Special Assessments, Ordinances for. When the board shall determine to make any public improvements or repairs, in the laying of payments or constructing sidewalks, or in any way improving the streets in the city, and shall determine to defray the whole or any part of the cost and expenses thereof by special assessment, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement and state the assessment is to be made upon all lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for said ordinance so to state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply so to designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.
Sec. 60. Estimates First To Be Had. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement, and of the district to be assessed, by publication for at least 2 weeks in some newspaper published in the county, by posting notices of the same, in at least three public places in the city, one of which shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of the proposed work.
κ1955 Statutes of Nevada, Page 692 (CHAPTER 381, AB 370)κ
also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement, and of the district to be assessed, by publication for at least 2 weeks in some newspaper published in the county, by posting notices of the same, in at least three public places in the city, one of which shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of the proposed work. The notices shall state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered, and the notice shall so specify.
Sec. 61. Special Assessments. In all cases where the board of health or other officials of the city, or the board of councilmen are authorized to do, or cause to be done, certain things, the whole or any part of the cost of which may be properly defrayed by a special assessment, and where special provisions for making the levy are not herein made, the board may cause sworn statements of the cost and location thereof to be made as provided in section 64 hereof, and may refer the same to the assessor and have the same assessed against such property.
Sec. 62. Any Cost Over 10 Percent of the Value of Property Paid by the City. The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of the surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed 10 percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding 10 percent which otherwise would be chargeable upon the lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessments shall be included as a part of such assessment.
Sec. 63. Must Be Advertised. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for herein shall have been given and had. But nothing herein contained shall be construed as preventing the board from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.
Sec. 64. Pro Rata Assessments. When a special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to the frontage or benefits, the board shall, by ordinance, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed in fixing the amount or sum of money that may be required to pay the costs of any improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.
κ1955 Statutes of Nevada, Page 693 (CHAPTER 381, AB 370)κ
and premises or the locality constituting the district to be assessed in fixing the amount or sum of money that may be required to pay the costs of any improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.
Sec. 65. Assessment Roll. Upon the passage of such ordinance the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor, he shall in lieu of the name of the owner, insert the name unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated, but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been approved, such assessment shall become a lien on such lot, parcel of land or premises, and be collected as provided by law. Such assessment so levied by the city assessor shall be entered in the general assessment roll next thereafter in a special column for special assessments, and the county auditor shall extend the same on such roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in the assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Gabbs from collecting any special assessment by suit in the name of the city of Gabbs; and the special assessment roll and the certified resolution confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
If in any action for the collection of any assessment it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or the premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city and is a proper charge against the defendant, or the lot or the premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 66. Frontage Assessment. If the assessment be made upon the basis of frontage the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
κ1955 Statutes of Nevada, Page 694 (CHAPTER 381, AB 370)κ
of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
When According to Benefit. If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.
Sec. 67. Assessors Certificate. When the assessor shall have completed the assessment he shall report the same to the board. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows: (Form)
|
State of Nevada
City of Gabbs |
} |
ss. |
To the board of councilmen of the city of Gabbs: I hereby certify and report that the foregoing is the assessment roll, and assessment made by me pursuant to an ordinance of the board of the city, adopted (give date), for the purpose of paying that part of the cost which the board decided should be paid and borne by special assessment for paving .................................................. street, from .................................................. street to .................................................. street in the city (as the case may be), (or constructing a sewer on .................................................. street), (as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment conformed in all things to the directions contained in the ordinance of the board hereinbefore referred to. Dated ................................, Nevada, .................................., A. D. 19...........
........................................................... , Assessor.
Sec. 68. Certain Special Assessments. When any expense shall be incurred by the city upon or in respect to any single lot, parcel of land or premises which, by the provisions of this act, the board is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board. And the provisions of the previous sections hereof, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to the class of improvements contemplated in this section.
Sec. 69. Board to Determine. The board shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the board shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises chargeable therewith respectively to be reported by the city clerk to the assessor for assessment.
κ1955 Statutes of Nevada, Page 695 (CHAPTER 381, AB 370)κ
often as the board shall deem it expedient they shall require all of the several amounts so reported and determined, and the several lots or premises chargeable therewith respectively to be reported by the city clerk to the assessor for assessment.
Sec. 70. Notice of Assessment To Be Published. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of the lots or premises, respectively, and when completed he shall report the assessment roll to the board. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment, the board shall cause notice to be published for at least 2 weeks in some newspaper published in the county, after the filing of the same with the city clerk, and appointing a time when the board and assessor shall meet to review the assessments.
Objecting to Assessments, How Made. Any person objecting to the assessment may file his objection thereto with the city clerk. The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
NOTICE OF SPECIAL ASSESSMENT
(Form of notice.) To ..................................................................................................... (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board decided should be paid and borne by special assessment for the (e. g., paving ............................................... street to ............................................... street in the city of Gabbs) or (constructing a sewer on ............................................... street between ............................................... street and ............................................... street) or (as the case may be) is now on file at my office for public inspection. Notice is hereby given that the board and the assessor of the city of Gabbs will meet in the ............................................... in this city on ............................................... (insert the date fixed upon) to review the assessment, at which time and place opportunity will be given all persons interested to be heard.
Date .................... ..............................................., City Clerk.
Sec. 71. Assessment Corrected, How. At the time appointed for the purpose aforesaid the board and assessor shall meet and then, or at some adjourned meeting, review the assessments, and shall hear any objection to the assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the board may correct the same as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words:
κ1955 Statutes of Nevada, Page 696 (CHAPTER 381, AB 370)κ
showing the date of confirmation, which shall be in the following words:
Special assessment roll for the ...................................................... (describing fully what the assessment is for) ............................................... approved by the board the .................... day of ........................................, 19...........
Dated .................... ..............................................., City Clerk.
Sec. 72. Assessment Roll. When any special assessment roll is approved by the board it shall be final and conclusive. The roll, when so endorsed by the city clerk, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.
Sec. 73. Special Assessments a Lien on Property. All special assessments shall from the date of the approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than four installments, to be collected semiannually, at such time as the board may determine.
Sec. 74. Special Assessments Due on Approval. All special assessments, except such installments thereof as the board shall make payable at a future time, as provided in the preceding section, shall be due and payable on approval.
Sec. 75. On Dividing Property, How Apportioned. Should any lots or lands be divided after a special assessment thereon shall have been approved and divided into installments, and before the collection of the installments, the board may require the assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when approved, shall be conclusive to all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.
Sec. 76. When Insufficient, Deficit Paid by City. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall be collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 77. New Assessment, When. Whenever any special assessment shall, in the opinion of the board, be invalid by reason of any irregularity or inconformity in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board shall, whether the improvement has been made or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.
Sec. 78. Previous Payments, How Applied. Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises.
κ1955 Statutes of Nevada, Page 697 (CHAPTER 381, AB 370)κ
Sec. 79. Special Assessments, How Enforced. When any special assessment shall be approved and payable the board may direct the city clerk to report to the assessor a description of such lots and premises as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed, respectively. Upon receiving such report the assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed as a tax in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that at any time after the special assessment has become payable the same may be collected by suit in the name of the city in any court of competent jurisdiction. The special assessment roll and the certified ordinance or resolution approving the same shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.
Sec. 80. Irregularities, How Remedied. If in such action provided for in the preceding section it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 81. Taxpayer Defined. A taxpayer, within the meaning of this act, shall be construed to be and include all persons whose names appear on the official real or personal tax roll for the current or the year preceding that in which the elector offers to vote. The judges or officers of election shall have power, and it is hereby made their duty in all cases of special elections on bonds or franchises, to require of each person offering to vote thereat, to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such judge or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.
Sec. 82. Publications. All publications herein provided for shall be made in a newspaper of general circulation published in the county; provided, however, the cost of publication shall not exceed the usual commercial rates.
Sec. 83. Amendments. This charter may be amended in the following manner: Proposed amendments may be initiated either by the board or by the initiative petition as provided in section 33. Any proposal thereby submitted to the electors for approval shall take the regular course in this charter prescribed, and, if so approved by the majority, this charter shall be considered so amended.
κ1955 Statutes of Nevada, Page 698 (CHAPTER 381, AB 370)κ
regular course in this charter prescribed, and, if so approved by the majority, this charter shall be considered so amended.
Sec. 84. Transfer of Funds; Preparation of Budget; Levy and Collection of Taxes.
1. Immediately after the effective date of this act, the board of county commissioners, the county auditor and the county treasurer of Nye County shall transfer any and all moneys then remaining (less all outstanding bills against the funds) in the Toiyabe police protection fund and the Toiyabe town improvement fund, as established and existing in the Nye County treasury, to the general fund of the city of Gabbs.
2. Notwithstanding the provisions of any other law to the contrary, the board of councilmen of the city of Gabbs shall meet immediately after their election and qualification and prepare a budget for the city of Gabbs for the period January 1, 1955, to June 30, 1955, being governed therein by the provisions of chapter 335, Statutes of Nevada 1953, at page 571, 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.
3. All payments of taxes previously levied on real and personal property and any collections made by the county assessor of Nye County of personal property taxes on property located within the boundaries of the city of Gabbs, heretofore credited to the Toiyabe police protection fund and the Toiyabe town improvement fund, shall, after the effective date of this act, be placed to the credit of the general fund of the city of Gabbs.
Sec. 85. Effective Date. This act shall become effective upon passage and approval.
________
Assembly Bill No. 367Joint Committee of Labor and Judiciary
CHAPTER 382
AN ACT to amend the title of and to amend an act entitled An Act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; making an appropriation therefor; defining unemployment and providing compensation therefor; requiring contributions by employers to the unemployment compensation fund; creating the office of director, a board of review, and providing for other officers and employees and defining their powers and duties; providing for the levy of assessments; and other matters relating thereto, approved March 23, 1937.
[Approved March 29, 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 129, Statutes of Nevada 1937, at page 262, as amended by chapter 109, Statutes of Nevada 1939, at page 115, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 699 (CHAPTER 382, AB 367)κ
Statutes of Nevada 1939, at page 115, is hereby amended to read as follows:
An Act relating to unemployment compensation, creating unemployment compensation and administration funds and providing for the administration thereof; defining certain words and terms; providing for the payment of certain benefits and establishing certain conditions for benefit eligibility; providing for disqualification of benefits and establishing the procedure for claims for benefits; requiring contributions by employers to the unemployment compensation fund; providing for the levy and collection of contributions and assessments and the establishment of liens against the assets of employers; stating the liabilities of certain persons and officers and protecting certain rights and benefits; providing penalties for violations hereof; authorizing cooperation by the executive director with other agencies to facilitate administration of this act; and other matters properly relating thereto.
Sec. 2. Section 2.1 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as amended by chapter 134, Statutes of Nevada 1949, at page 257, is hereby amended to read as follows:
Section 2.1. Base period means the first four of the last five completed calendar quarters immediately preceding the first day of an individuals benefit year, except that in those instances in which one calendar quarter of the base period so established has been used in a previous determination of an individuals entitlement to benefits the base period shall be the first four completed calendar quarters immediately preceding the first day of an individuals benefit year.
Sec. 3. Section 2.3 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 233, Statutes of Nevada 1951, at page 339, is hereby amended to read as follows:
Section 2.3. Benefit year, with respect to any individual, means the fifty-two consecutive week period beginning with the first day of the week with respect to which a valid claim shall be filed, and thereafter the fifty-two consecutive week period beginning with the first day of the first week with respect to which a valid claim shall be filed after the termination of his last preceding benefit year. Any claim for benefits made in accordance with sections 6 and 6.1 of this act shall be deemed to be a valid claim for the purposes of this subsection if the individual has been paid wages for employment by employers as provided in section 4(d) of this act.
Sec. 4. Section 2.8 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as renumbered by chapter 187, Statutes of Nevada 1945, at page 301, is hereby amended to read as follows:
Section 2.8. Employer means:
(1) Any employing unit which for any calendar quarter has paid or is liable to pay wages of $225 or more, and which employees during such period one or more persons in an employment subject to this act;
(2) Any individual or employing unit which acquired the organization, trade, or business, or substantially all the assets thereof, of another which at the time of such acquisition was an employer subject to this act;
κ1955 Statutes of Nevada, Page 700 (CHAPTER 382, AB 367)κ
(3) Any individual or employing unit which acquired the organization, trade, or business, or substantially all of the assets thereof, of another employing unit if the employment record of such individual or employing unit subsequent to such acquisition, together with the employment record of the acquired unit, prior to such acquisition, both within the same calendar quarter, would be sufficient to constitute such employing unit as an employer subject to this act under paragraph 1 of this subsection.
(4) Any employing unit not an employer by reason of any other paragraph of this subsection, for which within either the current or preceding year service in employment is or was performed with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment fund.
(5) Any employing unit which, having become an employer under paragraphs (1), (2), or (3) of this section has not, under section 8, ceased to be an employer subject to this act; or
(6) For the effective period of its election pursuant to section 8(c) any other employing unit which has elected to become fully subject to this act.
Sec. 5. Section 2.9 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 306, Statutes of Nevada 1951, at page 474, and therein erroneously renumbered as section 2.19, is hereby amended to read as follows:
Section 2.9. Employment, subject to the other provisions of this subsection, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.
(1) The term employment shall include an individuals entire service, performed within or both within and without this state if-
(a) The service is localized in this state; or
(b) The service is not localized in any state but some of the service is performed in this state and (i) the base of operations, or, if there is no base of operations, then the place from which such service is directed or controlled, is in this state; or (ii) the base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed, but the individuals residence is in this state.
(2) Services not covered under paragraph (1) of this subsection and performed entirely without this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this act if the individual performing such services is a resident of this state and the executive director approves the election of the employing unit for whom such services are performed that the entire service of such individual shall be deemed to be employment subject to this act.
(3) Service shall be deemed to be localized within a state if-
(a) The service is performed entirely within such state; or
(b) The service is performed both within and without such state, but the service performed without such state is incidental to the individuals service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.
κ1955 Statutes of Nevada, Page 701 (CHAPTER 382, AB 367)κ
but the service performed without such state is incidental to the individuals service within the state, for example, is temporary or transitory in nature or consists of isolated transactions.
(4) Services performed by an individual for wages shall be deemed to be employment subject to this act unless and until it is shown to the satisfaction of the executive director that-
(a) Such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact; and
(b) Such service is either outside the usual course of the business for which such service is performed or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and
(c) Such service is performed in the course of an independently established trade, occupation, profession or business in which the individual is customarily engaged, of the same nature as that involved in the contract of service.
(5) The term employment shall not include:
(a) Agricultural labor;
(b) Domestic service in a private home;
(c) Service performed as an officer or member of the crew of a vessel on the navigable waters of the United States;
(d) Service performed by an individual in the employ of his son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of his father or mother;
(e) Service performed in the employ of any other state or its political subdivisions, or of the United States government, or of an instrumentality of any other state or states or their political subdivisions or of the United States; provided, that in the event that the congress of the United States shall permit the states to require any instrumentality of the United States to make payment into an unemployment fund under a state unemployment compensation act, and to comply with state regulations thereunder, then, to the extent permitted by congress, and from and after the date as of which such permission becomes effective, all of the provisions of this act shall be applicable to such instrumentality and to services performed for such instrumentality in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals and services; provided further, that if this state should not be certified by the social security board under section 903 of the social security act for any year, then the payments required from such instrumentality and their workers with respect to such year shall be refunded by the executive director from the unemployment fund, without interest;
(f) Service performed in the employ of this state, or of any political subdivision thereof, or of any instrumentality of this state, or its political subdivisions, which is wholly owned by this state or one or more of its political subdivisions; and any service performed in the employ of any such instrumentality to the extent that the instrumentality is, with respect to such service, exempt under the constitution of the United States from the tax imposed by section 1600 of the United States internal revenue code; provided, that any department of this state, or any political subdivision thereof, or any of the aforesaid instrumentalities of this state or its political subdivisions, may, by action of the majority of the members of the governing body of such department, political subdivision or instrumentality, duly certified to the executive director, elect to become an employer as in this act provided, excluding from employment for such an employer the services performed by elected officials of such department, political subdivision or instrumentality;
κ1955 Statutes of Nevada, Page 702 (CHAPTER 382, AB 367)κ
of the United States from the tax imposed by section 1600 of the United States internal revenue code; provided, that any department of this state, or any political subdivision thereof, or any of the aforesaid instrumentalities of this state or its political subdivisions, may, by action of the majority of the members of the governing body of such department, political subdivision or instrumentality, duly certified to the executive director, elect to become an employer as in this act provided, excluding from employment for such an employer the services performed by elected officials of such department, political subdivision or instrumentality;
(g) Service performed in the employ of a corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, hospital, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual; provided, that when the federal social security act shall be so amended as to extend the coverage of unemployment compensation to persons employed as in this subsection specified, then such service shall be included in the term employment for the purpose of this act to the extent authorized by such amendments;
(h) Service performed after June 30, 1939, in the employ of an employer as defined in the railroad unemployment insurance act (52 Stat. 1094); and service with respect to which unemployment compensation is payable under any other unemployment compensation system established by an act of Congress; provided, that the executive director is hereby authorized and directed to enter into agreements with the proper agencies under such act or acts of Congress, which agreement shall become effective ten days after publication thereof in the manner provided in section 4(b) of the employment security administration law for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this act, acquired rights to unemployment compensation under such act or acts of Congress, or who have, after acquiring potential rights to unemployment compensation under such act or acts of Congress, acquired rights to benefits under this act;
(i) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.
(j) Service performed by lessees engaged in mining under lease agreements unless the individual lease agreement or the practice in actual operations under such agreement is such as would constitute the lessees employees of the lessor at common law.
(k) Service performed in the employ of a local chapter of a college fraternity or sorority.
(6) If the services performed during one-half or more of any pay period by an individual for the employing unit constitute employment, all the services of such individual for such period shall be deemed to be employment; but if the services performed during more than one-half of any such period by an individual for the employing unit do not constitute employment then none of the services of such individual for such period shall be deemed to be employment.
κ1955 Statutes of Nevada, Page 703 (CHAPTER 382, AB 367)κ
do not constitute employment then none of the services of such individual for such period shall be deemed to be employment.
(7) It is the intent of this act that any and all moneys appearing to be due and owing from any hospital as above defined shall and will be cancelled as of the date of the passage and approval of this act, and the officers of the employment security department are authorized and directed to do all acts and things necessary to effectuate the intent of this section.
Sec. 6. Section 2.13 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 233, Statutes of Nevada 1951, at page 339, is hereby amended to read as follows:
Section 2.13. Unemployment. An individual shall be deemed unemployed in any week during which he performs no services and with respect to which no remuneration is payable to him or in any week of less than full-time work if the remuneration payable to him with respect to such week is less than his weekly benefit amount. The executive director shall prescribe regulations applicable to unemployed individuals, making such distinctions in the procedures as to total unemployment, part-total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work, as the executive director deems necessary. No individual shall be deemed to be unemployed in any week in which he is self-employed.
Sec. 7. Section 2.14 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 134, Statutes of Nevada 1949, at page 261, is hereby amended to read as follows:
Section 2.14. Wages means all remuneration paid for personal services, including commissions and bonuses and the cash value of all remuneration, payable in any medium other than cash. The reasonable cash value of remuneration payable in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the executive director. For the purpose of a determination of insured status only, back-pay awards after January 1, 1955, shall be allocated to the quarters with respect to which they were paid. The term wages shall not include:
(1) The amount of any payment with respect to services performed after July 1, 1941, to, or on behalf of, an individual in its employ under a plan or system established by an employing unit which makes provision for individuals in its employ generally or for a class or classes of such individuals (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide for such payment), on account of (a) retirement, or (b) sickness or accident disability, or (c) medical and hospitalization expenses, in connection with sickness or accident disability, or (d) death, provided an individual in its employ (i) has not the option to receive, instead of provision for such death benefit, any part of such payment, or, if such death benefit is insured, any part of the premiums, or contributions to premiums, paid by his employing unit, and (ii) have not the right, under the provisions of the plan or system, or policy of insurance providing for such death benefit, to assign such benefit, or to receive a cash consideration in lieu of such benefit upon either his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his services with such employing unit;
κ1955 Statutes of Nevada, Page 704 (CHAPTER 382, AB 367)κ
cash consideration in lieu of such benefit upon either his withdrawal from the plan or system providing for such benefit or upon termination of such plan or system or policy of insurance or of his services with such employing unit;
(2) The payment by an employing unit, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ, under section 1400 of the United States internal revenue code;
(3) Dismissal payments after July 1, 1941, which the employing unit is not legally required to make.
Sec. 8. Section 3 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 362, Statutes of Nevada 1953, at page 677, is hereby amended to read as follows:
Section 3. (a) Payment of Benefits. Twenty-four months after the date when contributions first accrue under this act, benefits shall become payable from the fund; provided, that wages earned for services performed in the employ of an employer, as defined in the railroad unemployment insurance act (52 Stat. 1094), shall not be included for purposes of determining eligibility under section 4(d) or total amount of benefits under subsection (e) of this section, with respect to any benefit year commencing on or after July 1, 1939, nor shall any benefits with respect to unemployment occurring on and after July 1, 1939, be payable on basis of such wages under the subsections of this section. All benefits shall be paid through employment offices in accordance with such regulations as the executive director may prescribe.
(b) Weekly Benefit Amount. An individuals weekly benefit amount shall be an amount equal to one twenty-fifth of his total wages for employment by employers during that quarter of his base period in which such total wages were highest, but not more than $30 per week, nor less than eight dollars per week, and if not a multiple of $1 shall be computed to the next higher multiple of $1.
(c) Augmented Weekly Benefit Amount. Each eligible individual who is unemployed in any week shall have his weekly benefit amount augmented with respect to such week by $5 if he has one dependent, and by $5 for each additional dependent provided that the eligible individuals weekly benefit amount shall not be augmented by more than $20 in any case nor shall the augmented weekly benefit amount exceed $50 or six per centum of an individuals total wages for employment by employers during that quarter of his base period in which such total wages were highest, whichever is the lesser. If the augmented weekly benefit amount is not a multiple of $1, it shall be computed to the next higher multiple of $1. The weekly benefit amount payable to an individual or his wife may not be augmented if both husband and wife living in the same household are being simultaneously paid benefits under the provisions of this, or any other state or federal unemployment compensation law.
(d) Weekly Benefit for Unemployment. Each eligible individual who is unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount if he has no dependents, or in an amount equal to his augmented weekly benefit amount if he has dependents, less that part of the remuneration payable to him with respect to such week which is in excess of $5.
κ1955 Statutes of Nevada, Page 705 (CHAPTER 382, AB 367)κ
has no dependents, or in an amount equal to his augmented weekly benefit amount if he has dependents, less that part of the remuneration payable to him with respect to such week which is in excess of $5. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1.
(e) Duration of Benefits. Any otherwise eligible individual shall be entitled during any benefit year to a total amount of benefits equal to whichever is the lesser of (1) twenty-six times his weekly benefit amount, or (2) one-third of his total wages for employment by employers during his base period, to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents; provided, that such total amount of benefits if not a multiple of $1 shall be computed to the next higher multiple of $1, and further provided that no claimant shall receive added amounts which may be payable by reason of his having dependents for more than twenty-six weeks in any one benefit year. For the purpose of this section, and of section 4(d) hereof, wages shall be counted as wages for employment by employers for the benefit purposes with respect to any benefit year only if such benefit year begins subsequent to the date on which the employer from whom such wages were earned has satisfied the conditions of section 2.8 or section 8(c) with respect to becoming an employer.
(f) Benefits Due Deceased or Incompetent Persons. Benefits due a deceased or legally declared incompetent person may be paid to such person or persons as appears to the executive director to be legally entitled thereto in accordance with authorized regulations. Such payment shall be paid on affidavit executed by the person or persons claiming to be entitled to the benefits and the receipt of the affidavit or affidavits shall fully discharge the executive director from any further liability with reference to the payment without the necessity of inquiring into the truth of any of the facts stated in the affidavit.
(g) Overpayments and Recovery. Any person who is overpaid any amount as benefits under this act is liable for the amount overpaid unless:
1. The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and
2. The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the executive director.
The amount of the overpayment shall be assessed to the liable person and he shall be notified of the basis of the assessment. In the absence of fraud, misrepresentation or willful nondisclosure, notice of such assessment shall be mailed or personally served not later than 1 year after the close of the benefit year in which the overpayment was made.
At any time within 3 years from the notice of overpayment the executive director may recover the amount of the overpayment either by using the same methods of collection provided in section 14(b) of this act for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable the liable person under this act.
κ1955 Statutes of Nevada, Page 706 (CHAPTER 382, AB 367)κ
person under this act. The executive director may waive recovery or adjustment of all or part of the amount of any such overpayment which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.
(h) Protection of Fund. When, and if, the balance remaining in the unemployment compensation fund shall be reduced to not more than eight million five hundred thousand dollars, the executive director shall protect the solvency of said fund by reducing the maximum weekly benefit amount to twenty dollars and the total amount of benefits, to whichever is the lesser of (1) twenty times his weekly benefit amount, or (2) one-third of the wages earned by him for employment by employers during his base period, to which total amount of benefits shall be added any additional amounts which may be payable by reason of his having dependents. Such reduced benefits shall remain in effect until such time as the balance in the fund shall thereafter: (1) increase to ten million dollars, at which time the provisions of section 3(b) and 3(e) of this act shall again be effective; or (2) decrease to three million five hundred thousand dollars, at which time the executive director shall further protect the solvency of said fund by reducing the maximum weekly benefit amount or the maximum augmented weekly benefit amount to fifteen dollars and by reducing the minimum weekly benefit amount or the minimum augmented weekly benefit amount to five dollars. Such reduced benefit shall be in effect until such time as the balance in said fund thereafter increases to five million dollars, at which time the other provisions of this paragraph shall apply.
Sec. 9. Section 4 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 233, Statutes of Nevada 1951, at page 342, is hereby amended to read as follows:
Section 4. An unemployed individual shall be eligible to receive benefits with respect to any week only if the executive director finds that-
(a) He has registered for work at, and thereafter has continued to report at, an employment office in accordance with such regulations as the executive director may prescribe, except that the executive director may by regulation waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which he finds that compliance with such requirements would be oppressive or inconsistent with the purposes of this act.
(b) He has made a claim for benefits in accordance with the provisions of sections 6 and 6.1 of this act.
(c) He is able to work, and is available for work; provided, no claimant residing in the State of Nevada shall be considered ineligible with respect to any week of unemployment for failure to comply with the provisions of this subsection, if such failure is due to an illness or disability which occurs during an uninterrupted period of unemployment with respect to which benefits are claimed and no work has been offered the claimant which would have been suitable prior to the beginning of such illness and disability.
(d) He has within his base period been paid wages from employers equal to thirty (30) times his weekly benefit amount; provided, however, that if an individual fails to qualify for a weekly benefit amount of 1/25th of his high-quarter earnings, but can qualify for a weekly benefit amount of $1 less than 1/25th of his high-quarter earnings, his weekly benefit amount shall be $1 less than 1/25th of his high-quarter earnings.
κ1955 Statutes of Nevada, Page 707 (CHAPTER 382, AB 367)κ
equal to thirty (30) times his weekly benefit amount; provided, however, that if an individual fails to qualify for a weekly benefit amount of 1/25th of his high-quarter earnings, but can qualify for a weekly benefit amount of $1 less than 1/25th of his high-quarter earnings, his weekly benefit amount shall be $1 less than 1/25th of his high-quarter earnings.
Sec. 10. Section 5 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 233, Statutes of Nevada 1951, at page 342, is hereby amended to read as follows:
Section 5. An individual shall be disqualified for benefits-
(a) For the week in which he has left his most recent work voluntarily without good cause, if so found by the executive director, and for not more than fifteen consecutive weeks thereafter, occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director according to the circumstances in each case.
(b) For the week in which he has been discharged by his most recent employing unit for misconduct connected with his work, if so found by the executive director, and for not more than fifteen consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director in each case according to the seriousness of the misconduct.
(c) If the executive director finds that he has failed, without good cause, either to apply for available, suitable work when so directed by the employment office or the executive director or to accept suitable work when offered him. Such disqualification shall continue for the week in which such failure occurred and for not more than fifteen consecutive weeks thereafter occurring within the current benefit year, or within the current and following benefit year, as determined by the executive director according to the circumstances in each case.
(1) In determining whether or not any work is suitable for an individual, the executive director shall consider the degree of risk involved to his health, safety, and morals, his physical fitness and prior training, his experience and prior earnings, his length of unemployment and prospects for securing local work in his customary occupation.
(2) Notwithstanding any other provisions of this act, no work shall be deemed suitable and benefits shall not be denied under this act to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (a) If the position offered is vacant due directly to a strike, lockout, or other labor dispute; (b) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; (c) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
(d) For any week with respect to which the executive director finds that his total or partial unemployment is due to a labor dispute in active progress at the factory, establishment, or other premises at which he is or was last employed; provided, that this subsection shall not apply if it is shown to the satisfaction of the executive director that-
κ1955 Statutes of Nevada, Page 708 (CHAPTER 382, AB 367)κ
which he is or was last employed; provided, that this subsection shall not apply if it is shown to the satisfaction of the executive director that-
(1) He is not participating in or financing or directly interested in the labor dispute which caused his unemployment; and
(2) He does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute there were members employed at the premises at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the labor dispute; provided, that if in any case separate branches of work which are commonly conducted, as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subsection, be deemed to be a separate factory, establishment or other premises.
(e) For any week with respect to which or to a part of which he has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States; provided, that if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, this disqualification shall not apply.
(f) For fifty-two weeks from the date an offense is committed which results in his conviction under the provisions of section 16(a) of this act.
(g) For any week with respect to which he is registered for and in attendance at any established school, college or university unless the individual can show, to the satisfaction of the executive director, a firm and bona fide attachment to the labor market.
(h) For any week, after the work of an individual has been discontinued because such individual left work voluntarily to marry and for all weeks subsequent thereto until such individual has earned not less than $50 (fifty dollars) in subsequent bona fide work.
(i) For any week with respect to which he receives wages in lieu of notice.
(j) For any week with respect to which the claimant is on paid vacation.
(k) For any week following termination of work which could have been compensated by vacation pay had termination not occurred; provided the individual actually receives such compensation at the time of separation or on regular pay days immediately following termination.
(l) For the week in which a claimant is separated from work because of pregnancy and each week thereafter until proof of ability to work following confinement is submitted.
(m) For any week with respect to which a claimants unemployment is due to pregnancy. (1) A claimants unemployment shall be deemed to be due to pregnancy if such unemployment exists within sixty (60) days of expected confinement. (2) The claimants unemployment shall be deemed to be due to pregnancy following confinement until proof of ability to resume employment has been submitted by the claimant.
κ1955 Statutes of Nevada, Page 709 (CHAPTER 382, AB 367)κ
(n) For the week with respect to which a claimant makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of causing any benefit to be paid or increased under this act, and for not more than fifty-two (52) consecutive weeks thereafter occurring within the current and following benefit year as determined by the executive director according to the circumstances in each case.
Sec. 11. Section 6.5 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as amended by chapter 233, Statutes of Nevada 1951, at page 346, is hereby amended to read as follows:
Section 6.5. Notice to Employer. The most recent employing unit of any unemployed claimant shall be notified of the first claim filed by the unemployed claimant following his separation.
The notice of claim filing shall contain the claimants name and social security account number and may contain the reason for separation as given by the claimant, the date of separation, and such other information as is deemed proper.
Upon receipt of a notice of claim filing the employing unit by whom the claimant was last employed shall within 10 days of the date of mailing of notice of claim filing submit to the employment security department any facts which may affect the individuals rights to benefits.
Any employing unit that receives such a notice of claim filing shall be permitted to protest payment of benefits to the unemployed claimant provided such protest is filed within 10 days of the notice of claim filing.
Any employing unit, as defined in this act, which has filed a protest in accordance with the provisions of this section shall be notified in writing of the determination arrived at by the executive director or his deputy and such notice shall contain a statement setting forth the right of appeal.
Sec. 12. Section 6.6 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as amended by chapter 233, Statutes of Nevada 1951, at page 346, is hereby amended to read as follows:
Section 6.6. Redetermination.
(1) The executive director or a representative duly authorized to act in his behalf may at any time within 1 year from the date of an initial determination that an individual is an insured worker reopen any determination of the grounds of nondisclosure or misrepresentation of material fact, error, mistake, or additional information, and may make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.
(2) At any time within 1 year from the end of any week with respect to which a determination allowing or denying benefits has been made the executive director or a representative duly authorized to act in his behalf may reopen any such determination on the grounds of error, mistake, or additional information and make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.
κ1955 Statutes of Nevada, Page 710 (CHAPTER 382, AB 367)κ
(3) At any time within 2 years from the end of any week with respect to which a determination allowing or denying benefits has been made the executive director or a representative duly authorized to act in his behalf may reopen any such determination on the grounds of nondisclosure or misrepresentation of a material fact and make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.
(4) Notice of any redetermination shall be promptly furnished to the claimant and any other party entitled to receive the original determination.
Sec. 13. Section 6.7 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as amended by chapter 233, Statutes of Nevada 1951, at page 346, is hereby amended to read as follows:
Section 6.7. Finality of Determination or Redetermination. Any determination or redetermination shall be final ten days from the date of notification or mailing of the notice of determination or redetermination unless an appeal or request for reconsideration is received within the ten-day period; provided, that nothing in this paragraph shall limit or abridge the authority of the executive director to make a redetermination as provided in section 6.6 of this act. Any notice of a determination or redetermination shall clearly indicate the interested parties right to appeal.
Sec. 14. Section 6.10 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as amended by chapter 233, Statutes of Nevada 1951, at page 347, is hereby amended to read as follows:
Section 6.10. Hearing Procedure and Record. A reasonable opportunity for a fair hearing on appeals shall be promptly afforded all parties. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common law rules. In addition to the issues raised by the appealed determination, the tribunal may consider all issues affecting the claimants rights to benefits from the beginning of the period covered by the determination to the date of the hearing. The appeal tribunal shall include in the record and consider as evidence all records of the executive director that are material to the issues. The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this act. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated. Witnesses subpenaed shall be allowed fees at a rate fixed by the executive director; and the fees of witnesses so subpenaed shall be deemed part of the expense of administering this act. No member of an appeal tribunal shall participate in an appeal hearing in which he has a direct or indirect interest.
Sec. 15. Section 7 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 362, Statutes of Nevada 1953, at page 679, is hereby amended to read as follows:
Section 7. (a) Payment of Contributions. (1) On and after January 1, 1937, contributions with respect to wages for employment shall accrue and become payable by each employer for each calendar quarter in which he is subject to this act.
κ1955 Statutes of Nevada, Page 711 (CHAPTER 382, AB 367)κ
quarter in which he is subject to this act. Such contributions shall become due and be paid by each employer to the executive director for the fund in accordance with such regulation as the executive director may prescribe, and shall not be deducted, in whole or in part, from the wages of individuals in employment for such employer.
(2) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
(b) Rate of Contribution. Each employer shall pay contributions equal to the following percentages of wages paid by him during the calendar year with respect to employment:
(1) One and eight-tenths per centum with respect to employment during the calendar year 1937;
(2) With respect to employment after December 31, 1937, two and seven-tenths per centum, except as otherwise prescribed in subsection (d) of this section.
(c) Base of Contributions. For the purposes of section 7(a) and 7(b) and subsequent to January 1, 1955, wages shall not include that part of remuneration which after remuneration equal to $3,600 has been paid in a calendar year to an individual by an employer with respect to employment during any calendar year, is paid to such individual by such employer during such calendar year unless that part of the remuneration is subject to a tax under a federal law imposing a tax against which credit may be taken for contributions paid under the Nevada unemployment compensation law. For the purposes of this subsection any employer who acquired the entire or a distinct and severable portion of the organization, trade or business or substantially all of the assets of an employer shall be treated as a single unit with its predecessor for the calendar year in which such acquisition occurs.
(d) Future Rates Based on Benefit Experience. The executive director shall, for the period of six months commencing July 1, 1945, and for the calendar year commencing January 1, 1946, and for each calendar year thereafter, classify employers in accordance with their actual pay rolls, contribution, and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him throughout the six months period commencing July 1, 1945, and for each calendar year thereafter, in order to reflect said experience and classification. In making such classification, the executive director shall take account of the degree of unemployment hazard shown by each employers experience, and of any other measurable factors which he finds bear a reasonable relation to the purposes of this subsection. Benefits paid to an individual since January 1, 1939, shall be charged against the accounts of his employers, as the executive director may by regulation prescribe; provided, that no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to any employers account; and provided further that no benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employers account. Such rates shall be computed on the pay roll, contribution, and benefit experience of the employer for not less than thirty-six consecutive calendar months immediately preceding the computation date, which date shall be not more than twenty-seven weeks prior to the effective date of the new rate.
κ1955 Statutes of Nevada, Page 712 (CHAPTER 382, AB 367)κ
and benefit experience of the employer for not less than thirty-six consecutive calendar months immediately preceding the computation date, which date shall be not more than twenty-seven weeks prior to the effective date of the new rate. He may apply such form of classification or rating system which in his judgment is best calculated to rate individually and most equitably the employment risk of each employer and to encourage the stabilization of employment. The general basis of classification proposed to be used shall be subject to fair notice, opportunity for hearing and publication. The executive director shall determine the contribution rate applicable to each employer for any calendar year subject to the following limitations:
(1) Each employers contribution rate shall be 2 7/10 per centum, unless and until there shall have been thirty-six (36) consecutive calendar months immediately preceding the computation date of the new rate, throughout which his account as an employer could have been charged with benefit payments.
(2) Each employer eligible for a rate based upon experience and classified in accordance with this section shall be assigned a rate by the executive director for the calendar year commencing January 1, 1956, and for each calendar year thereafter, according to the following classes: class 1, 0.1 percent; class 2, 0.3 percent; class 3, 0.6 percent; class 4, 0.9 percent; class 5, 1.2 percent; class 6, 1.5 percent; class 7, 1.8 percent; class 8, 2.1 percent; class 9, 2.4 percent; class 10, 2.7 percent. No employers rate shall be varied below the 2.7 per centum rate unless, as of the preceding January 1, the total amount available for benefits in the Nevada unemployment compensation fund equals or exceeds 1.5 per centum of the total pay rolls subject to contributions under the Nevada unemployment compensation laws for the five consecutive calendar-year period ending on the above date. As used in this section the term annual pay roll means the total amount of wages payable by an employer for employment during a year, regardless of the time of payment. Until January 1. 1956, the existing classifications shall apply.
Sec. 16. Section 13 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 134, Statutes of Nevada 1949, at page 267, is hereby amended to read as follows:
Section 13. (a) Special Fund. There is hereby created in the state treasury a special fund to be known as the unemployment compensation administration fund. All moneys which are deposited or paid into this fund are hereby appropriated and made available to the executive director. All moneys in this fund shall be expended solely for the purpose of defraying the cost of the administration of this act, and of the employment security administration law, and for no other purpose whatsoever. All moneys received from the Department of Labor for the fund pursuant to section 302 of the social security act shall be expended solely for the purposes and in the amounts found necessary by the Department of Labor for the proper and efficient administration of these acts. The fund shall consist of all moneys appropriated by this state, and all moneys received from the United States of America or any agency thereof, including the Department of Labor, the railroad retirement board, and the United States employment service, or from any other source, for such purpose.
κ1955 Statutes of Nevada, Page 713 (CHAPTER 382, AB 367)κ
Labor, the railroad retirement board, and the United States employment service, or from any other source, for such purpose. Moneys received from the railroad retirement board as compensation for services or facilities supplied to said board shall be paid into this fund. All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other special funds in the state treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the executive director for expenditure consistent with this act. Moneys in this fund shall not be commingled with other state funds, but shall be maintained in a separate account on the books of the depositary. Such moneys shall be secured by the depositary in which they are held, to the same extent and in the same manner as required by the general depositary laws of the state, and collateral pledged shall be maintained in a separate custody account. All sums recovered on any official bond for losses sustained by the unemployment compensation administration fund shall be deposited in said fund.
(b) Reimbursement of Fund. If any moneys received after June 30, 1941, from the Department of Labor under title III of the social security act, or any unencumbered balances in the unemployment compensation administration fund as of that date, or any moneys granted after that date to this state pursuant to the provisions of the Wagner-Peyser act, are found by the Department of Labor, because of any action or contingency, to have been lost or been expended for purposes other than, or in amounts in excess of, those found necessary by the Department of Labor for the proper administration of this act, it is the policy of this state that such moneys shall be replaced by moneys appropriated for such purpose from the general funds of this state to the unemployment compensation administration fund for expenditure as provided in subsection (a) of this section. Upon receipt of notice of such a finding by the Department of Labor, the executive director shall promptly report the amount required for such replacement to the governor and the governor shall at the earliest opportunity submit to the legislature a request for the appropriation of such amount. This subsection shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of title III of the social security act.
Sec. 17. Section 14 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 233, Statutes of Nevada 1951, at page 351, is hereby amended to read as follows:
Section 14. (a) Past Due Contributions. When any contribution as provided in this act shall remain unpaid on the date on which it becomes due and payable, as prescribed by the executive director, it shall bear interest at the rate of one-half percent for each month or portion of a month thereafter until such payment, plus accrued interest, is received by the executive director. Interest accrued under this subsection shall not be waived under any circumstances. Interest collected pursuant to this subsection shall be paid into the employment security fund.
κ1955 Statutes of Nevada, Page 714 (CHAPTER 382, AB 367)κ
(b) Collection. (1) If, after due notice thereof, any employer defaults in any payment of contributions, interest or forfeit imposed under this act, the executive director, or his authorized representative, may collect the amount due by civil action brought in the name of the State of Nevada, in the district court, and which shall include the right of attachment.
(2) In addition to or independently of the foregoing remedy by civil action, the executive director, or his authorized representative, after giving to any employer who defaults in any payment of contributions, interest or forfeit provided by this act, fifteen days notice by registered mail, addressed to his last-known place of business or address, may file in the office of the clerk of the district court in the county in which the employer has his principal place of business or, if there be no such principal place of business, then in Ormsby County, a certificate which need not be verified, but which shall specify the amount of contribution, interest, and forfeit due, the name and last-known place of business of the employer liable for the same, and which shall contain a statement that the unemployment compensation division has complied with all the provisions of this act in relation to the computation and levy of the contribution, together with the request that judgment be entered for the State of Nevada, and against the employer named, in the amount of the contribution, interest, and forfeit set forth in the certificate; provided, however, that the employer may, within said fifteen-day period, pay the amount specified in such notice, under protest, to the executive director, and shall thereupon have the right to initiate, within sixty days following such payment, and to maintain his action against the Nevada unemployment compensation division for a refund of all or any part of any such amount and to recover so much thereof as may have been erroneously assessed or paid. Such an action by the employer shall be commenced and maintained in the district court wherein is located the principal place of business of the employer, and in the event of entry of judgment for the employer the unemployment compensation division shall promptly refund such sum without interest as may be determined by the court. If no such payment under protest is made, upon filing the certificate aforesaid the clerk of the district court shall immediately enter a judgment in favor of the State of Nevada unemployment compensation division and against the employer in the amount of the contributions, interest, and forfeits set forth in the certificate. No costs or filing fees shall be charged to the State of Nevada in any proceedings, brought under any subsection of this section, nor shall any bond or undertaking be required of the State of Nevada, either in proceedings in the district court or on appeal to the supreme court.
(3) Judgments. An abstract of such judgment or a copy thereof may be recorded with the county recorder of any county in the State of Nevada, and from the time of such recording the amount of the contribution, interest, and forfeit therein set forth shall constitute a lien upon all the real and personal property of the employer in such county, owned by him or which he may afterwards acquire, which lien shall have the force, effect, and priority of a judgment lien.
κ1955 Statutes of Nevada, Page 715 (CHAPTER 382, AB 367)κ
Execution shall issue upon such a judgment upon request of the executive director or his authorized representative in the same manner as execution may issue upon other civil judgments, and sales shall be held under such execution as upon other executions upon civil judgments. In all proceedings under this section the unemployment compensation division shall be authorized to act in its name on behalf of the State of Nevada. Appeals may be taken to the supreme court from the judgment of the district court in the same manner and with the same effect as in other civil cases, except that notice of appeal must be served and filed within sixty days from the entry of judgment.
(c) Priorities Under Legal Dissolutions or Distributions. In the event of any distribution of any employers assets either voluntarily or pursuant to any order of any court under the laws of this state, the lien for contributions then due shall be paid in full, prior to all other liens or claims except prior taxes and liens which have been recorded prior to the time the contributions became due. In the event of an employers adjudication in bankruptcy, judicially confirmed extension proposal, composition or other proceeding under the federal bankruptcy act of 1898, as amended, contributions then or thereafter due shall be entitled to the same priority as is afforded by that act to taxes due to states.
(d) Refunds. Where a payment of contributions, forfeit or interest has been erroneously collected, an employer may, not later than 3 years after the date on which such payments became due, make application for an adjustment thereof in connection with subsequent contributions, forfeit or interest payments or for a refund. All such adjustments or refunds will be made without interest. An adjustment or refund will not be made in any case with respect to contributions on wages which have been included in the determination of an eligible claim for benefits, unless and until it is shown to the satisfaction of the executive director that such determination was due entirely to the fault or mistake of the department. Refunds of interest and forfeit collected under sections 14, 14.1 and 16(e) and paid into the employment security fund, established by section 13.1 of this act, shall be made only from the employment security fund.
Sec. 18. Section 14.1 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 134, Statutes of Nevada 1949, at page 270, is hereby amended to read as follows:
Section 14.1. (a) Arbitrary Assessments. If an employer shall neglect or refuse to make and file any report of wages and contributions as required by this act or by any regulation of the executive director, or if any report which has been filed is deemed by the executive director to be incorrect or insufficient, and if, within seven days after the executive director has given written notice by mail to the employer to file a sufficient report, the employer fails to file such report, the executive director may make an estimate based upon any information in his possession of the amount of wages paid or payable by the employer for the period or periods in respect to which he failed to report, which said estimate shall be prima facie correct, and upon the basis of said estimated amount shall compute and assess the contribution payable by the employer, together with all forfeit and interest which may have accrued for the period covered by the assessment.
κ1955 Statutes of Nevada, Page 716 (CHAPTER 382, AB 367)κ
basis of said estimated amount shall compute and assess the contribution payable by the employer, together with all forfeit and interest which may have accrued for the period covered by the assessment.
(b) Notice. Upon the levy of any assessment as heretofore provided, the executive director shall forthwith give written notice thereof by mail to the employer at his last-known address. Said notice shall contain the amount of the assessment and forfeit, if any there be, and shall advise the employer of the right to petition for readjustment thereof as hereinafter provided. The assessment shall become final, and the amount of contribution and forfeit therein specified shall become due and payable fifteen days after the date of mailing such notice, except as hereinafter provided. An assessment which has become final shall be subject to the same interest as provided in section 14(a) for other unpaid contributions.
(c) Modification of Assessment. At any time within fifteen days after the mailing of notice of assessment, the employer affected thereby may file a verified petition with the executive director praying for readjustment of the assessments so levied; provided, that at the time of filing such petition the employer upon whom an assessment is levied shall deposit such security or bond as the executive director may deem necessary to assure a compliance with the provisions of this act. The petition may request a hearing before the executive director and shall specify the objections to the assessment. The executive director may by regulation prescribe the manner in which petitions for modification shall be determined; provided, that such regulations shall guarantee to the employer a fair hearing on the question of his liability for contributions. If, at any time within one year following the date of mailing of notice of assessment, it shall appear to the satisfaction of the executive director that any assessment is unreasonable or unjust, or not in conformity with the facts, he shall have authority to modify such assessment to conform to the facts, as of the date of the original assessment. The order or decision of the executive director modifying an assessment shall be final, and the sum therein specified shall become due and payable ten (10) days after the date of mailing notice of such order or decision to the employer.
(d) Jeopardy Assessment. (1) Whenever the executive director finds that the collection of any contribution computed under the provisions of the law will be jeopardized by delay, he may immediately assess such contribution together with all forfeit and interest which may have accrued, whether or not the final date otherwise prescribed for making such contribution has arrived. Such contribution shall thereupon become immediately due and such contributions together with all forfeit and interest which may have accrued shall thereupon become immediately payable and notice of demand for payment shall be made upon the employer for the payment thereof. Upon failure or refusal to pay such assessed contribution, forfeit, and interest, collection thereof may be enforced according to the provisions of the law applicable to the collection of unpaid contributions.
(2) Stay of Collection. When a jeopardy assessment has been made as provided in the foregoing paragraph, the employer may stay its collection until such time as the contributions for the period in question would normally become due, by filing a bond with the executive director in an amount equal to the amount of assessment.
κ1955 Statutes of Nevada, Page 717 (CHAPTER 382, AB 367)κ
as provided in the foregoing paragraph, the employer may stay its collection until such time as the contributions for the period in question would normally become due, by filing a bond with the executive director in an amount equal to the amount of assessment. Such bond shall be conditioned on the payment of the contribution at the proper time and be executed by sureties satisfactory to the executive director, or a cash deposit may be accepted in lieu of such bond.
Sec. 19. Section 16 of the above-entitled act, being chapter 129, Statutes of Nevada 1937, as last amended by chapter 134, Statutes of Nevada 1949, at page 274, is hereby amended to read as follows:
Section 16. (a) (1) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this act, either for himself or for any other person, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment.
(2) Whenever two or more persons shall conspire to obtain or increase any benefit or other payment under this act, by a false statement or representation knowing it to be false, or by knowingly failing to disclose a material fact, or whenever any person makes a series of false statements or representations knowing them to be false, to obtain or increase benefit payments under this act over a period of more than one week, every such person shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
(3) Any person residing in this state who claims benefits under any agreement existing between the Nevada employment security department and some other state or the Federal Government, who willfully makes a false statement or representation or knowingly fails to disclose a material fact to obtain or increase benefits under the provisions of the unemployment law of any other state or the Federal Government shall be guilty of a misdemeanor and shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not longer than 6 months, or by both fine and imprisonment.
(b) Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from an employing unit under this act, or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder, or to produce or permit the inspection or copying of records as required hereunder, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not longer than six months, or by both such fine and imprisonment. Whenever two or more persons shall conspire to accomplish any of the objects provided in this subsection, every such person shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
κ1955 Statutes of Nevada, Page 718 (CHAPTER 382, AB 367)κ
shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.
(c) Any person who shall willfully violate any provision of this act or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this act, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment for not longer than six months, or by both such fine and imprisonment.
(d) Any employing unit or any officer or agent of any employing unit or any other person who shall fail to submit such reports as are prescribed and required by the executive director within the time prescribed by the executive director shall pay a forfeit of $5 for each such report. Any employing unit or any officer or agent of any employing unit or any other person who shall fail to submit any report of wages within 10 days following the expiration of the time prescribed by the executive director for filing such report shall, in addition to the $5 forfeit herein specified, pay interest upon the wages subject to contributions involved in such report of 0.1 percent for each month or portion of each month thereafter until such report has been filed; provided that when it shall appear to the satisfaction of the executive director that the failure to file reports within the time prescribed was due to circumstances over which the employing unit, its officers or agent, had no control, then the executive director may, in his discretion, waive the collection of all or any portion of such forfeit or interest. Forfeits and interest as provided in this subsection shall be paid into the employment security fund.
Sec. 20. Section 2 of chapter 306, Statutes of Nevada 1951, is hereby expressly repealed.
Sec. 21. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 719κ
Assembly Bill No. 424Clark County Delegation
CHAPTER 383
AN ACT authorizing certain counties to acquire, improve, extend, better, equip and furnish fairgrounds, exposition buildings, convention halls, other recreational buildings, parks, playgrounds, swimming pools, golf courses and other recreational facilities, and to acquire sites and grounds therefor; concerning the issuance of bonds therefor, elections to authorize an indebtedness or bonds, the levy of general taxes and fees, rates and charges in connection therewith, and the operation and maintenance of such recreational facilities; concerning the organization and reorganization of a county fair and recreation board and powers to be exercised by it; prescribing other details concerning the boards, recreational facilities, bonds, taxes and fees; and other matters properly relating thereto.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Recreational Facilities Authorized. Any county in Nevada, having a population, according to the 1950 United States census, or any subsequent federal decennial census, of more than 30,000 persons, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the county, to establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, field houses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, other recreational facilities and buildings therefor, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds for any recreational facilities, and to issue bonds therefor, at one time, or from time to time. Recreational facilities shall be deemed to include, without limiting the generality of the foregoing, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.
Sec. 2. Creation of County Recreational Boards.
1. Whenever the board of county commissioners of any such county desires the powers herein granted to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of this act. After approval of the resolution, the clerk of the county shall promptly cause a copy of the resolution to be published once in a newspaper published and of general circulation in the county, and the clerk shall also cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.
2. Within 30 days after the day of such publication or the day on which the last of the resolutions was so mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city counsel or board of trustees to serve on the county fair and recreation board for the remainder of his elected term of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the clerk of the county.
κ1955 Statutes of Nevada, Page 720 (CHAPTER 383, AB 424)κ
clerk or secretary of the city shall promptly certify the appointment by registered mail to the clerk of the county. Each incorporated city is entitled so to appoint one municipal member to the board for each 25,000 persons or fraction thereof, in accordance with the latest United States census. Cities shall be entitled to representation of the board according to population based on the census provided that no city shall have more than three members on such board.
3. The board of county commissioners shall appoint to serve on the board two members of the board of county commissioners for the remainder of their term of office.
Sec. 3. Reorganization of Board.
1. In January, February and March in the year 1957, and during the same 3 months every 2 years thereafter, the board shall be reorganized. In January of each biennium the board of county commissioners of any county in Nevada, having previously formed a county fair and recreation board, shall adopt a resolution providing for the reorganization of the board and shall publish and mail copies of the resolution as hereinabove provided for the original organization of the board.
2. Upon receipt of the resolution, the municipal members and members at large shall be appointed and qualify as herein provided for the original board. The population figures used for the reorganization shall be those determined by the United States census for the year immediately preceding the year of the reorganization.
Sec. 4. Subsequent Organization of Boards. Any county in Nevada attaining a population of more than 30,000 persons according to the latest 10-year United States census, may create a county fair and recreation board and exercise the powers granted by this act in the manner provided by this act.
Sec. 5. Oaths and Bonds; Election and Duties of Officers; Seal; Compensation and Audits.
1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the clerk of the county his oath of office, and a corporate surety bond, furnished at the expense of the county, in an amount not to exceed $1,000, conditioned for the faithful performance of his duties as a member of the board.
2. The board shall choose one of its members as chairman of the board, and shall elect a secretary and a treasurer of the board, who may be members of the board. The secretary and the treasurer may be one person.
3. The board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all other acts of the board. The minute book and records shall be open to the inspection of all owners of real property in the county, as well as to all other interested parties, at all reasonable times and places.
4. The treasurer shall keep, in permanent records, strict and accurate accounts of all money received by and disbursed for and on behalf of the board and the county.
κ1955 Statutes of Nevada, Page 721 (CHAPTER 383, AB 424)κ
of the board and the county. He shall file with the clerk of the county, at its expense, a corporate fidelity bond in an amount not less than $5,000 conditioned on the faithful performance of the duties of his office.
5. Each member of the board may receive as compensation for his services a sum not in excess of $60 per annum, payable monthly. No member of the board shall receive any compensation as an employee of the board or otherwise, other than that provided in this section, and no member of the board shall be interested in any contract or transaction with the board or county except in his official representative capacity.
6. The board shall cause an audit to be made of all financial affairs of the board during each year ending November 30, which audit shall be made during the last month of each calendar year. A financial statement shall be certified by the person making the audit and it shall be published in a newspaper of general circulation in the county in one issue during the first week of January following the audit. The audit shall be made by a registered accountant or certified public accountant who is not otherwise employed by the board.
Sec. 6. Meeting of the Board; Quorum.
1. The board shall meet regularly at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the board require, on notice to each member of the board.
2. A majority of the members of the board shall constitute a quorum at any meeting. Every motion and resolution of the board shall be adopted by at least a majority of the members present and constituting the quorum at such meeting.
Sec. 7. Loans by County. The board of county commissioners of any county proceeding under the provisions of this act is hereby authorized to advance such funds to such district as may be necessary to pay the preliminary organization, administration and engineering costs thereof, including bond elections as provided in this act, on such terms of repayment as may be agreed upon, and the county is hereby authorized to declare an emergency and secure necessary funds in the manner now provided by law authorizing short-term loans.
Sec. 8. Powers and Duties of Board. In addition to powers elsewhere conferred, the county fair and recreation board of any county, upon behalf of the county and in connection with the recreational facilities herein authorized, is hereby authorized and empowered:
1. To establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage such recreational facilities, including personal property, real property, lands, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
2. To insure or provide for the insurance of any recreational facility against such risks and hazards as the board may deem advisable.
κ1955 Statutes of Nevada, Page 722 (CHAPTER 383, AB 424)κ
3. To arrange or contract for the furnishing by any person, agency, association or corporation, public or private, of services, privileges, works or facilities for, or in connection with, a recreational facility; and to hire and retain officers, agents and employees, including fiscal advisor, engineers, attorneys or other professional or specialized personnel.
4. To direct the board of county commissioners, with the concurrence of the board, to acquire by the exercise of the power of eminent domain any real property which the county fair and recreation board may deem necessary for its purposes under this act after the adoption by the board of a resolution declaring that its acquisition is necessary for such purposes. This power shall be exercised in the same manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired shall be taken in the name of the county.
5. To sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of this act, including the lease of any recreational facility acquired by the county under the provisions of this act which is to be operated and maintained as a public project and recreational facility.
6. To fix, and from time to time increase or decrease, rates, tolls or charges for services or facilities furnished in connection with any recreational facility, and to take such action necessary or desirable to effect their collection, and with the consent of the board of county commissioners, to provide for the levy by the board of county commissioners of ad valorem taxes, the proceeds thereof to be used in connection with the recreational facilities.
7. To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to any recreational facility or related properties.
8. To exercise all or any part or combination of the powers herein granted to such county, except as herein otherwise provided.
9. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act.
Sec. 9. Acceptance of Federal Aid. In addition to the powers conferred upon a county fair and recreation board by other provisions of this act, a board for the county is empowered to borrow money or accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, for or in aid of any recreational facility within its area of operation and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this act to authorize every county to do any and all things necessary, convenient or desirable to secure the financial aid or cooperation of the Federal Government in the undertaking, acquisition, construction, maintenance or operation of any recreational facility of the county.
Sec. 10. Local Planning and Zoning Followed. All recreational facilities of the county shall be subject to planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the recreational facility is situated.
κ1955 Statutes of Nevada, Page 723 (CHAPTER 383, AB 424)κ
and building laws, ordinances and regulations applicable to the locality in which the recreational facility is situated.
Sec. 11. Bond Elections.
1. Whenever the county fair and recreation board 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 the making of any contract creating an indebtedness with the United States Government, or any agency or instrumentality thereof, corporate or otherwise, or any other person or corporation, public or private, in excess of $5,000, the board shall order the submission of the proposition of issuing the bonds, or creating the indebtedness, to the qualified electors of the county at an election held for that purpose.
2. The 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 bond elections shall be in compliance with sections 2643.01 to 2643.05, inclusive, and 6093 to 6093.04, inclusive, 1929 N.C.L. 1941 Supp., and all laws amendatory thereof and supplemental thereto, except as herein otherwise provided.
3. The declaration of public interest, necessity or desirability herein required and the provisions for holding of the election may be included within one and the same resolution adopted by the county fair and recreation board, which resolution, in addition to a 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, the amount of the principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on the indebtedness. The resolution shall also fix the date upon which the election shall be held and the manner of holding the same and the method of voting for or against the issuance of bonds or incurring of the proposed indebtedness. The resolution shall also fix the compensation to be paid the officers of the election, designate the polling places and appoint, for each polling place from the electors of each precinct in the county, the officers of the election, consisting of three judges, one of whom shall act as clerk.
4. The county fair and recreation board shall, in case of a special election called for the purpose, provide a reasonable time for the registration of electors, the procedure therefor, and notice thereof.
Sec. 12. Notice of Bond Election. The board shall prescribe the form of the notice of election and direct its publication. The first publication shall be not less than 20 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. 13. Election Returns and Canvass. The election boards shall conduct the elections in the manner prescribed by law for the holding of general elections, except as herein otherwise provided, and shall make their returns to the clerk of the county fair and recreation board. At any regular or special meeting of the board held within 5 days following the date of the election, the returns shall be canvassed and the results declared.
Sec. 14. Issuance of Bonds. In the event a majority of the ballots of each color is in favor of the proposition, the county, by appropriate action taken by the county fair and recreation board, shall thereupon be authorized to incur the indebtedness or obligations, enter into the contract, or issue and sell the 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 the resolution.
κ1955 Statutes of Nevada, Page 724 (CHAPTER 383, AB 424)κ
of each color is in favor of the proposition, the county, by appropriate action taken by the county fair and recreation board, shall thereupon be authorized to incur the indebtedness or obligations, enter into the contract, or issue and sell the 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 the resolution. Submission of the proposition of incurring the obligation or bonded or other indebtedness at an election shall not prevent or prohibit submission of the same or other proposition at subsequent election or elections called for such purpose.
Sec. 15. Form of Bonds and Payment.
1. The bonds shall be of convenient denominations, negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in 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 20 years from the date, and shall bear interest at the rate of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals.
2. The bonds shall be made payable in lawful money of the United States, 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.
3. The bonds and coupons shall be signed by the chairman of the county fair and recreation board and countersigned by the treasurer of the county, and they shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons.
4. 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. 16. Sale of Bonds. The board is hereby authorized to sell such bonds from time to time at public or private sales, 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 sales to any purchaser or bidder, directly or indirectly. The board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, improvement, extension or betterment of the improvements or facilities and with the authorization, issuance and sale of the bonds.
Sec. 17. Types of Bonds. The bonds may consist of one or more of the following types of county obligations:
1. General obligation bonds.
2. General obligation bonds, the payment of which is additionally secured by a pledge of the revenues derived from the operation of the 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.
κ1955 Statutes of Nevada, Page 725 (CHAPTER 383, AB 424)κ
secured by a pledge of the revenues derived from the operation of the 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 the recreational facilities.
Sec. 18. Taxes and Revenues for Bond Payment.
1. 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.
2. The county fair and recreation board, the board of county commissioners and such other body as may be charged with the duty of levying taxes therein, shall annually 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.
3. 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 of the constitution.
Sec. 19. Security for Payment of General Obligation Bonds. 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 the recreational facilities and, upon a determination by the county fair and recreation 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 the general obligation bonds.
Sec. 20. Security for Payment of Revenue Bonds. 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 the recreational facilities, and shall be secured by a pledge of all or a specified part of the net revenues. Each 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 726 (CHAPTER 383, AB 424)κ
and does not constitute a debt of the county within the meaning of any constitutional or statutory limitation.
Sec. 21. Board to Fix Fees and Charges for Recreational Facilities. 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 the 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 county fair and recreation board or board of county commissioners authorizing the issuances of any of the bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 22. Bond Covenants Authorized. The resolution or resolutions providing for the issuance of any bonds payable from the net revenues of the recreational facilities pursuant to the provisions of this act at the discretion of the board may contain covenants which may limit the exercise of powers conferred by this act as to:
1. The rates, fees, tolls or charges to be charged for the recreational facility or facilities.
2. The use and disposition of the revenue of the recreational 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 recreational 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 or constituting a charge against the revenue of the facilities, and the priority of liens against the revenue.
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 of the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of the 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.
κ1955 Statutes of Nevada, Page 727 (CHAPTER 383, AB 424)κ
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.
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 the 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 of the facilities, as well as any other 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. 23. Bonded Indebtedness Limitations. 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 the valuation.
Sec. 24. Validity of Bonds. 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 issuances.
Sec. 25. Statutory Authority to Issue Bonds. This act, without reference to other statutes of the state except as herein provided, shall constitute full authority for the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
Sec. 26. Exemption From Taxation. Bonds and other evidence of indebtedness issued under the provisions of this act shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 27. Investments by State Instrumentalities. 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 or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 28. Severability. If any section, subsection, sentence, clause, phrase or paragraph 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, phrase and paragraph thereof separately and irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, phrases or paragraphs be invalid.
κ1955 Statutes of Nevada, Page 728 (CHAPTER 383, AB 424)κ
would have passed this act and each section, subsection, sentence, clause, phrase and paragraph thereof separately and irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, phrases or paragraphs be invalid.
Sec. 29. Repeal. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 30. Effective Date. This act shall become effective upon passage and approval.
________
Senate Bill No. 234Senators Brown and Lovelock
CHAPTER 384
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 29, 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 2360, N.C.L. 1929, is hereby amended to read as follows:
Section 1. Every citizen of the United States, twenty-one years of age or over, who has continuously resided in this state six months and in the county thirty days and in the precinct ten days next preceding the day of the next ensuing election, shall be entitled to vote at such election; provided, he or she is duly registered as hereinafter provided.
Sec. 2. Section 11 of the above-entitled act, being section 2370, N.C.L. 1929, as last amended by chapter 301, Statutes of Nevada 1953, at page 494, is hereby amended to read as follows:
Section 11. At least 90 days prior to the closing of registration for any election, the county clerk shall prepare and date an alphabetical list of the persons whose names remain on the official register of each precinct, except the precincts in the county seat of the county and in incorporated cities, and send such list to the deputy registrar of such precinct. Said list shall consist of the name of the person registered, surname first, and the political affiliation designated on his affidavit of registration then on file in the office of the county clerk, or the fact that no political affiliation is designated, as the case may be, and the county clerk may include registrants addresses on such lists. Registration offices shall be open regularly for registration of voters for any election up to the thirtieth (30th) day, specifically, 9 p. m. of the thirty-first day, next preceding such election dated as provided by law, and between the regular hours of 9 a. m. to 12 noon and 1 p. m. to 5 p. m. week days and 9 a. m. to 12 noon Saturdays with Sundays and legal holidays excepted; provided, that during the five days previous to the close of registration before such election the registration office shall be open from 9 a. m. to 5 p. m. and from 7 p.
κ1955 Statutes of Nevada, Page 729 (CHAPTER 384, SB 234)κ
7 p. m. to 9 p. m. including Saturdays with Sundays and legal holidays excepted. Affidavits of registration shall be numbered consecutively in the order of their receipt at the office of the county clerk. The county clerk shall classify original affidavits of registration according to the precinct or district in which the several electors reside, and shall arrange the affidavits in such precinct or district alphabetically in order. The affidavits for each precinct or district shall be kept in a separate binder which shall be marked with the number or name of the precinct or district. Such binder shall constitute the official precinct register. The county clerk shall arrange the duplicate affidavits of registration alphabetically in order for the entire county, and they shall be kept in separate binders or a suitable file and shall constitute the official county register.
Sec. 3. Section 13 of the above-entitled act, being section 2372, N.C.L. 1929, is hereby amended to read as follows:
Section 13. If any applicant for registration has not resided within the State of Nevada or the county for the required length of time, he shall not be registered until he complies with the provisions of section 1 of this act; provided, that this section shall not be construed to exclude the registration of such eligible residents whose twenty-first birthday anniversary occurs on a day preceding or on the date of the next succeeding election.
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 or district on file in his office, the names of electors who have voted at such election in each precinct or district, as shown by the official poll book returned by said board of election officers of each precinct or district 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 ballot except the electors, their spouses and dependents, as provided in sections 12.1 and 12.3 of this act and as provided in section 15 of the absent voter law, shall mark or stamp each of said affidavits with the word Canceled, and shall place such canceled affidavits for the entire county in alphabetical order in a separate file 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 other such affidavits of registration are filed.
Sec. 5. Section 18 of the above-entitled act, being section 2377, N.C.L. 1929, as last amended by chapter 301, Statutes of Nevada 1953, at page 496, is hereby amended to read as follows:
Section 18. The county clerk shall, at least ten days preceding any election, cause a count of all electors registered and entitled to vote in the individual precincts or districts of such county to be made, and shall forthwith forward to the secretary of state such count of all registered voters with their party affiliations.
κ1955 Statutes of Nevada, Page 730 (CHAPTER 384, SB 234)κ
the individual precincts or districts of such county to be made, and shall forthwith forward to the secretary of state such count of all registered voters with their party affiliations. Such count shall be segregated by precincts or districts and there shall be a county-wide summary as to the total number of affiliations by party and nonpartisans. At the same time the county clerk shall cause to be printed, typewritten or duplicated, lists of all registered voters in the county, segregated by precincts or districts with party affiliation or nonpartisan, the names in alphabetical order, with surnames first, and the addresses may be included.
The expense of printing or writing or duplicating said lists shall be paid by the county in which the election is held. The county clerk shall cause to be posted, not less than eight days before any election, at least one list of the registered voters in at least one conspicuous place within the proper precincts or districts outside of incorporated cities, by the deputy registrar thereof; provided, that the printing or writing or duplicating shall cost not to exceed ten cents per folio for the printed or written or duplicated matter of such lists and not to exceed six dollars per thousand for printed or written or duplicated copies thereof. He shall furnish to any qualified elector applying therefor copies of any precinct or district lists at a charge of not to exceed ten cents per folio therefor. He shall cause to be published, not more than ten days nor less than two days preceding any election, in different newspapers published in different parts of the county, to apply to or to cover the circulation area of such different newspapers, for one insertion, a list of all registered voters in the circulation area of each such newspaper within the county in respective areas, segregated by the precincts or districts, or such segregated listing for the entire county shall be published in one such newspaper circulated in the county, as the county clerk deems necessary to suit the needs of the county; provided, that the cost to the county shall not exceed ten cents per name to each newspaper publishing such notice.
Sec. 6. Section 19 of the above-entitled act, being section 2378, N.C.L. 1929, as last amended by chapter 301, Statutes of Nevada 1953, at page 497, is hereby amended to read as follows:
Section 19. During the time intervening between the closing of the official register and five days before the ensuing election, the county clerk shall prepare for each precinct or district, a binder containing the original affidavits of registration of the electors in the precinct or district, and said binder shall be the precinct or district register; provided, that a districts register may be divided into separate binders of alphabetical segments each. The precinct or district register so prepared shall be delivered to the appointed and assigned officer or officers of election prior to the opening of the polls in each precinct or district. This section shall apply to municipal elections by wards and to school district elections wherein several precinct binders may be consolidated into a district binder or binders. Each binder so prepared by the county clerk for the use of election boards at the various precincts or districts in the county shall have accompanying it one roster, one check list, one challenge list, together with one and a duplicate poll book, one and a duplicate tally list, all of which are known as supplies for precinct election boards; the roster, poll book and check list may be combined in such suitable combination as the facilities of the county clerks office permits; provided, that such combinations shall not prevent fulfillment of the provisions of the Statutes of Nevada governing elections, and that the purpose, use and function of each of the so combined forms or books shall serve as well or better to expedite the vote of the electorate than they did before combined.
κ1955 Statutes of Nevada, Page 731 (CHAPTER 384, SB 234)κ
duplicate poll book, one and a duplicate tally list, all of which are known as supplies for precinct election boards; the roster, poll book and check list may be combined in such suitable combination as the facilities of the county clerks office permits; provided, that such combinations shall not prevent fulfillment of the provisions of the Statutes of Nevada governing elections, and that the purpose, use and function of each of the so combined forms or books shall serve as well or better to expedite the vote of the electorate than they did before combined.
Sec. 7. Section 21 of the above-entitled act, being section 2380, N.C.L. 1929, as last amended by chapter 301, Statutes of Nevada 1953, at page 497, is hereby amended to read as follows:
Section 21. The county clerk must cancel any affidavit of registration in the manner but not necessarily at the time provided for in section 2375, Nevada Compiled Laws 1929, in the following cases:
1. When he has a personal knowledge of the death of the person registered or when a duly authenticated certificate of the death of any elector is filed in his office. The division of vital statistics of the state department of health shall send death reports to the county clerks as convenient, but at least once each month.
2. When the insanity of the elector is legally established.
3. Upon the production of a certified copy of the judgment of conviction of any elector of felony.
4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
5. Upon the request of any elector who desires to change his politics, or to affiliate with any political party, provided said change is made at any time prior to the closing hour for the declarations of candidacy before any primary election. If any affidavit of registration is canceled by reason of this subdivision 5 the elector may immediately reregister.
6. Upon the filing with the county clerk of the county in which the registrant is registered for voting purposes of an affidavit or of affidavits of one or more electors or other reliable person or persons, knowing the facts to the effect that the registrant has removed from the county where so registered to another county, state territory, or foreign country, with the intention of remaining there for at least an indefinite time and of abandoning his or her home and residence in the county where so formerly registered, and has established his or her residence in such other state, territory, or foreign country or in some other county of this state, naming the same, as set forth in Nevada Compiled Laws 1929, section 2366, and that the affiant has or affiants have personal knowledge of said facts, unless said registrant shall within fifteen days after he has been notified by registered mail and the return receipt thereof has been filed in the office of the county clerk of the filing of the above-mentioned affidavit or affidavits and a copy thereof enclosed, present to such county clerk counter-affidavits, documentary evidence, or oral testimony under oath refuting the said statements so made in the above-mentioned affidavit or affidavits to the satisfaction of said county clerk; provided, however, that nothing in this act shall prevent, or be construed so as to prevent, the challenge provided for in Nevada Compiled Laws 1929, section 2382.
κ1955 Statutes of Nevada, Page 732 (CHAPTER 384, SB 234)κ
provided for in Nevada Compiled Laws 1929, section 2382.
7. At the request of the party registered. If any affidavit of registration is so canceled the party shall not be reregistered within forty-five days of such cancellation.
8. Upon the filing with the county clerk of the county in which the registrant is registered for voting purposes of an affidavit or of affidavits of two or more electors, or other reliable persons knowing the facts, to the effect that the registrant is not a citizen of the United States but is an unnaturalized alien, and that the affiant has or the affiants have personal knowledge of that fact, or upon the filing of other satisfactory documentary evidence showing that said registrant is not a citizen of the United States, unless said registrant shall present to such county clerk, within 15 days after he has been notified of the filing of the above-mentioned affidavit or affidavits or other such documentary evidence enclosing a copy thereof, counter-affidavits, his certificate of naturalization or other documentary evidence or oral testimony under oath, refuting to the satisfaction of said county clerk the statements made in said affidavit or affidavits and in said documentary evidence so questioning the United States citizenship of said registrant; provided, however, that nothing in this act shall prevent, or be construed so as to prevent, the challenge provided for in Nevada Compiled Laws 1929, section 2382.
Sec. 8. Section 22 of the above-entitled act, being section 2381, N.C.L. 1929, is hereby repealed.
Sec. 9. Section 4 of chapter ......, Statutes of Nevada 1955, being section 4 of Assembly Bill No. 457 of the 47th session of the Nevada legislature, is hereby expressly repealed.
Sec. 10. This act shall become effective on July 1, 1955.
________
Senate Bill No. 109Senators Whitacre, Brown and Seevers
CHAPTER 385
AN ACT to amend an act entitled An Act providing for the printing and enrolling of legislative bills and resolutions, and other matters relating thereto, and repealing a certain act and parts of acts in conflict therewith, approved January 18, 1949.
[Approved March 29, 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 3, Statutes of Nevada 1949, at page 3, is hereby amended to read as follows:
Section 2. All bills and resolutions shall be introduced in triplicate, and one copy of each bill or resolution shall be marked original; one shall be marked duplicate; and one shall be marked triplicate. The copy marked duplicate shall be sent to the state printer for the purpose of printing, and the copy marked triplicate shall be referred to the amendment clerk.
κ1955 Statutes of Nevada, Page 733 (CHAPTER 385, SB 109)κ
purpose of printing, and the copy marked triplicate shall be referred to the amendment clerk.
Sec. 2. Section 3 of the above-entitled act, being chapter 3, Statutes of Nevada 1949, at page 3 is hereby amended to read as follows:
Section 3. The state printer shall immediately after receipt of the copy of any bill or resolution print, in addition to the regular number hereinbefore authorized, one copy thereof upon heavy buff paper, which copy shall be delivered to the secretary of the senate or the chief clerk of the assembly. Before third reading and final passage of the bill or resolution, the amendment clerk shall carefully compare the printed or reprinted copy of the bill or resolution with the triplicate copy thereof and the original amendments as adopted by the house, and if the printed or reprinted copy is found to be in all respects correct, the amendment clerk shall then certify to the correctness of the bound copy, and shall deliver the same to the secretary of the senate or the chief clerk of the assembly as the case may be; whereupon the bound copy, printed upon buff paper so compared and certified to, shall be ready for third reading and final passage.
Sec. 3. Section 7 of the above-entitled act, being chapter 3, Statutes of Nevada 1949, at page 4, is hereby amended to read as follows:
Section 7. When any bill or resolution is passed by both houses, the secretary of the senate or the chief clerk of the assembly shall immediately transmit the same to the amendment clerk to be enrolled, and shall take his receipt therefor. Such receipt shall bear the date of delivery and shall give the bill or resolution number. The fact that such bill or resolution was received by the amendment clerk shall be noted as a part of the history of such bill or resolution. When the same shall have been duly and regularly enrolled and delivered to the governor, as provided by this act (in all cases where it is required to be so delivered), the fact of such delivery and the date thereof shall also be noted, over the signature of the amendment clerk, as a part of the history of such bill or resolution.
Sec. 4. Section 8 of the above-entitled act, being chapter 3, Statutes of Nevada 1949, at page 4, is hereby amended to read as follows:
Section 8. The amendment clerk shall transmit copies of passed bills or resolutions without delay, in the order of their receipt, to the state printer, taking his receipt therefor. Such receipt shall bear the date of delivery, and give the bill or resolution number. The state printer shall without delay enroll (print) the bills or resolutions in the order of their receipt by him, and they shall be printed in enrolled form, retaining symbols indicating amendments to existing law only. In printing enrolled bills amending existing law, the state printer in cooperation with the amendment clerk shall cause to be printed between brackets, the words, phrases, or provisions of the existing law, if any, which have been stricken out or eliminated by the adoption of the amendment, and they shall cause to be printed in italics all new words, phrases, or provisions, if any, which have been inserted into or added to the law by the passage of such amendment. In ascertaining the correct reading, status, and interpretation of an enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill.
κ1955 Statutes of Nevada, Page 734 (CHAPTER 385, SB 109)κ
correct reading, status, and interpretation of an enrolled bill amending existing law, the matter inserted within brackets shall be omitted, and the matter in italics shall be read and interpreted as part of the enrolled bill. At least one enrolled copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills and resolutions, shall be printed on bond paper, and the state printer shall deliver the enrolled copy of the bill or resolution to the amendment clerk. The amendment clerk shall then carefully compare the enrolled copy with the official engrossed copy, and if the enrolled copy is found to be correct the amendment clerk shall present it to the proper officers for their signatures. When the officers sign their names thereon, as required by law, it is enrolled. The official engrossed copy may by resolution be used as the enrolled bill.
Sec. 5. Section 10 of the above-entitled act, being chapter 3, Statutes of Nevada 1949, at page 5, is hereby amended to read as follows:
Section 10. The official engrossed bill shall be delivered to the secretary of state by the amendment clerk, or by such person as he shall in writing designate.
Sec. 6. Section 11 of the above-entitled act, being chapter 3, Statutes of Nevada 1949, at page 5, is hereby amended to read as follows:
Section 11. The enrolled bill or resolution shall be delivered by the amendment clerk, or such person as he shall in writing designate, to the governor for his action, who may authorize his secretary or legal counsel to receive and receipt for same in his name; provided, that joint resolutions proposing an amendment to the constitution of the State of Nevada shall not be presented to the governor for approval and signature, but shall be delivered with the official engrossed copy thereof to the secretary of state or such deputy or clerk as he shall designate in writing. The secretary of state shall cause such enrolled resolution and the engrossed copy thereof to be filed in his office, and shall deliver the same to the presiding officer of the house in which such proposed amendment originated, at the next ensuing session of the legislature. Such enrolled resolution accompanied by the engrossed copy thereof shall thereupon be laid before the house for action, and if approved by a majority of the members elected thereto, shall again be deposited with and filed by the secretary of state that the same may be placed upon the ballot at the next ensuing general election.
Sec. 7. Section 15 of the above-entitled act, being chapter 3, Statutes of Nevada 1949, at page 6, is hereby amended to read as follows:
Section 15. If the governor does not approve any bill or joint resolution within five days, Sundays excepted, after it shall have been presented to him, it shall become a law without his signature, unless he shall have returned it to the house in which it originated, with his objections thereto, and which shall be entered in its journal. Such house shall thereupon proceed to reconsider such vetoed bill or joint resolution, and if thereafter it shall again pass both houses by a two-thirds vote of the members elected to each house, it shall become a law notwithstanding the objections of the governor, and shall be delivered by the amendment clerk directly to the secretary of state for filing, and who shall receipt to such clerk therefor.
κ1955 Statutes of Nevada, Page 735 (CHAPTER 385, SB 109)κ
the amendment clerk directly to the secretary of state for filing, and who shall receipt to such clerk therefor.
Sec. 8. Section 16 of the above-entitled act, being chapter 3, Statutes of Nevada 1949, at page 6, is hereby amended to read as follows:
Section 16. If the legislature shall, by its final adjournment, prevent the return of a bill or joint resolution within five days after delivery to the governor, Sundays excepted, it shall become a law without his signature, unless within ten days next after the adjournment, Sundays excepted, he shall file such bill with his objections thereto with the secretary of state, who shall lay the same before the legislature at its next regular session in like manner as if it had been returned by the governor directly to the house in which it originated; and if such bill or joint resolution shall receive the vote of two-thirds of the members elected to each branch of the legislature, upon a vote taken by yeas and nays, to be entered upon the journals of each house, it shall become a law, and shall be delivered by the amendment clerk directly to the secretary of state for filing, and who shall receipt to such clerk therefor.
________
Senate Bill No. 43Committee on Finance
CHAPTER 386
AN ACT providing an appropriation for the relief of A. M. Mackenzie, and other matters relating thereto.
[Approved March 29, 1955]
Whereas, During the spring of 1953, Mr. A. M. Mackenzie rendered services to the Nevada state planning board but received only partial compensation therefor because of a lack of funds available in the budget of such board; and
Whereas, Such deficiency in compensation amounted to $502.92; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The claim of A. M. Mackenzie in the sum of $361.24 is hereby allowed, and the sum of $502.92 is hereby appropriated out of any moneys in the Nevada state planning board salary account to pay such claim. The state controller is authorized and directed to draw a warrant in favor of A. M. Mackenzie in the amount of $361.24, and the state treasurer is authorized to pay the same upon receipt of a release executed by A. M. Mackenzie as a full and complete settlement of any and all claims for unpaid compensation for services, as hereinabove set forth, which he may have against the State of Nevada or any officer or employee thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 736κ
Senate Bill No. 151Committee on Livestock
CHAPTER 387
AN ACT creating the state dairy commission; defining its powers and duties; authorizing the establishment of marketing areas and stabilization and marketing plans; providing for the investigation of the dairy industry; prohibiting unfair trade practices; prescribing penalties for violations hereof; providing for the assessment of producers and distributors; and other matters properly relating thereto.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
ARTICLE I
Section 1. There is hereby created the state dairy commission of the State of Nevada in which shall be vested the administration of the provisions of this act. The commission shall consist of five (5) members appointed by the governor, one of whom shall be designated by the governor as chairman.
Sec. 2. The members of the commission shall serve at the pleasure of the governor; provided, however, that no appointment shall extend beyond a period of four (4) years from the date of expiration of the preceding appointment.
Sec. 3. The personnel of the first commission shall be named by the governor within 30 days after the effective date of this act. Continued absence from meetings of the commission may constitute good and sufficient cause for removal of a member by the governor.
Sec. 4. One member of the commission shall be a producer, one member shall be a distributor, one member shall be a producer distributor, one member shall be an operator of a retail store, and one member shall be a person representative of the consuming public who has no connection with the milk or cream business.
Sec. 5. The members of the commission shall meet at such times and at such places as shall be specified by the call of the chairman or a majority of the commission; provided, however, that a meeting of the commission shall be held at least once every 3 months. The commission shall prescribe reasonable rules and regulations for its own management and government and for the conduct of public hearings required by this act, and it shall have only such powers and duties as authorized by law. Three (3) members of the commission shall constitute a quorum and such quorum may exercise all the power and authority conferred on the commission; provided, however, that no rules or regulations shall be adopted, amended or rescinded except by a majority vote of the entire membership of the commission.
Sec. 6. The commission with the approval of the governor may arrange and classify its work and may appoint such assistants, deputies, agents, experts and other employees as are necessary for the administration of this act, prescribe their duties and fix their salaries in accordance with classifications made by the state department of personnel. All assistants, deputies, agents, experts, and other employees shall be subject to the provisions of that certain act of the legislature of the State of Nevada 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.
κ1955 Statutes of Nevada, Page 737 (CHAPTER 387, SB 151)κ
State of Nevada 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.
Sec. 7. While engaged in official business, members of the commission shall receive a salary of $10 per day and the per diem expense allowance and travel expenses as fixed by law. The commission may expend in accordance with law all moneys now or hereafter made available for its use.
Sec. 8. There is hereby created in the state treasury a special fund designated as the dairy commission fund. All moneys received by the commission pursuant to this act shall be paid into said fund and shall be expended solely for the enforcement of this act.
Sec. 9. The commission shall keep a separate record of the classes and sources of income credited to the dairy commission fund and of the disbursements therefrom.
Sec. 10. For the purposes of this act, the commission shall have power to hold hearings, administer oaths, certify to official acts, take depositions, issue subpenas and summon witnesses.
Sec. 11. The commission shall adopt a seal for its own use which shall have imprinted thereon the words state dairy commission, State of Nevada. The care and custody of said seal shall be in the hands of the secretary of the commission.
ARTICLE II
Sec. 12. The production and distribution of fluid milk and of fluid cream is hereby declared to be a business affected with a public interest. The provisions of this act are enacted in the exercise of police powers of this state for the purpose of protecting the health and welfare of the people of this state.
Sec. 13. The legislature declares that fluid milk and fluid cream are necessary articles of food for human consumption; that the production and maintenance of an adequate supply of healthful milk of proper chemical and physical content, free from contamination, is vital to the public health and welfare, and that the production, transportation, processing, storage, distribution or sale of fluid milk and fluid cream in the State of Nevada is an industry affecting the public health and welfare; that it is the policy of this state to promote, foster and encourage intelligent production and orderly marketing of commodities necessary to its citizens, including milk and to eliminate speculation, waste, improper marketing, unfair and destructive trade practices and improper accounting for milk purchased from producers.
Sec. 14. It is recognized by the legislature that conditions within the milk industry of this state are such that it is necessary to establish marketing areas wherein different regulations are necessary, and for that purpose the commission shall have the administrative authority, with such additional duties as are herein prescribed, after investigation and public hearing, to prescribe such marketing areas and modify the same when advisable or necessary.
κ1955 Statutes of Nevada, Page 738 (CHAPTER 387, SB 151)κ
Sec. 15. The foregoing statements in this article of facts, policy and application of this act are hereby declared a matter of legislative determination.
Sec. 16. The purposes of this act are:
(a) To provide funds for administration and enforcement of this act, by assessments to be paid by producers of fluid milk or fluid cream or both, and from licenses issued to distributors in the manner prescribed herein.
(b) To authorize and enable the commission to prescribe marketing areas which are necessary due to varying factors of costs of production, health regulations, transportation and other factors in said marketing areas of this state.
(c) To authorize and enable the commission to formulate stabilization and marketing plans subject to the limitations herein prescribed with respect to the contents of such stabilization and marketing plans and declare such plans in effect for any marketing area.
(d) To enable the dairy industry with the aid of the state to correct existing evils, develop and maintain satisfactory marketing conditions and bring about a reasonable amount of stability and prosperity in the production and marketing of fluid milk and fluid cream.
Sec. 17. It is the intent of the legislature that the powers conferred in this act shall be liberally construed. Nothing in this act shall be construed as permitting or authorizing the development of conditions of monopoly in the production or distribution of fluid milk or fluid cream.
ARTICLE III
Sec. 18. Unless the context otherwise requires, the definitions in this article govern the construction of this act.
Sec. 20. Commission means the dairy commission.
Sec. 21. Fluid milk means any and all whole or concentrated milk that is produced in conformity with applicable health regulations for market milk of the place where such milk is consumed.
Sec. 22. Fluid cream means cream as defined in this code, and any combination of cream and milk, or any fluid product of milk or cream sold under any trade name whatsoever, which is not packaged in hermetically sealed containers and which contains more than 11.6 percent milk fat and conforms to the health and sanitary regulations of the place where sold or disposed of for human consumption.
Sec. 23. Dairy products includes any product manufactured from milk or any derivative or product of milk.
Sec. 24. Producer means any person who produces fluid milk from five or more cows or goats in conformity with the applicable health regulations of the place in which it is sold. Producer includes any association of producers.
Sec. 25. Distributor means any person whether or not such person is a producer or an association of producers who purchases or handles fluid milk or fluid cream for sale, including brokers, agents, co-partnerships, cooperative corporations and incorporated and unincorporated associations. The definition of distributor shall not include any of the following:
κ1955 Statutes of Nevada, Page 739 (CHAPTER 387, SB 151)κ
(1) Any retail store that is not engaged in processing and packaging fluid milk or fluid cream,
(2) Any establishment where fluid milk or fluid cream is sold only for consumption on the premises, that is not engaged in processing and packaging fluid milk or fluid cream,
(3) Any person owned or controlled by one or more retail stores or owned or controlled by one or more establishments where fluid milk or fluid cream is sold for consumption on the premises which person is not actively and directly engaged in the processing and packaging of fluid milk or fluid cream,
(4) Any producer who delivers fluid milk or fluid cream only to a distributor.
Sec. 26. Producer-distributor means any person who is both a producer and a distributor of fluid milk and fluid cream. For the purposes of this act a producer-distributor shall be deemed to be a producer in any transaction involving the delivery of fluid milk or fluid cream produced by him to a distributor and shall be deemed to be a distributor in any transaction involving the delivery of fluid milk or fluid cream to a person who is not a distributor as defined in this article.
Sec. 27. Retail store means any person owning or operating a retail grocery store, restaurant, confectionery, or other similar business, where fluid milk or fluid cream is sold to the general public for consumption off the premises.
Sec. 28. Marketing area is any area within this state declared to be such in the manner prescribed in this act.
Sec. 29. Stabilization and marketing plan means any plan formulated and made effective by the commission within the legislative standards provided by this act.
Sec. 30. Consumer means any person who purchases fluid milk, fluid cream, or dairy products for consumption.
Sec. 31. Person means any individual, firm, corporation, association, or any other business unit.
ARTICLE IV
Sec. 32. Fluid milk may be classified for the purposes of this act as provided in this article.
Sec. 33. Class 1 comprises any fluid milk or the cream therefrom that is supplied to consumers as market milk or market cream or concentrated milk or any combination of market milk and market cream, or any market milk which is not packaged in hermetically sealed containers, or any other dairy product in which the use of market milk is required by the provisions of the laws of the State of Nevada, or any fluid milk or cream therefrom which is used in standardizing market milk.
Sec. 34. Class 2 comprises such milk or the cream derived therefrom, as cream is defined in this act, that is sold or disposed of by distributors in any form not included in classes 1 or 3.
Sec. 35. Class 3 comprises such milk or the cream derived therefrom, as cream is defined in this act, that is used by distributors in the manufacture of butter and cheese other than cottage cheese.
κ1955 Statutes of Nevada, Page 740 (CHAPTER 387, SB 151)κ
ARTICLE V
Sec. 36. The commission shall enforce the provisions of this act and any stabilization and marketing plan initiated pursuant to the provisions of this act, and for that purpose may make such rules and regulations as it shall deem necessary.
Sec. 37. The commission is hereby declared to be the instrumentality of this state for the purpose of administering and enforcing the provisions of this act and to execute the legislative intent herein expressed and is hereby vested with the administrative authority described in this act.
Sec. 38. The commission may investigate upon reasonable notice any and all transactions between producers and distributors or among distributors or between distributors and retail stores or between distributors and consumers. Each producer and distributor shall maintain adequate records concerning his transactions in fluid milk and fluid cream.
Sec. 39. The commission may issue licenses to distributors and require the registration of producers.
Sec. 40. The commission may formulate any stabilization and marketing plan as prescribed in this act and declare the same effective after public hearing and reasonable notice by mail or otherwise to all producers and distributors of record with the commission, affected by such plan.
Sec. 41. The commission may amend or terminate any stabilization and marketing plan after notice and public hearing as prescribed in article VI in the event that it finds that such plan is no longer in conformity with the standards prescribed in, or will not tend to effectuate the purposes of, this act. Such hearing may be held upon the motion of the commission and shall be held upon receipt of a petition signed by producers representing not less than 55 percent of the total number of all of the producers and not less than 55 percent of the total production of all producers who are eligible to petition the commission for the formulation of such plan.
Sec. 45. A full and accurate record of business or acts performed or of testimony taken by the commission in pursuance of the provisions of this act shall be kept and placed on file in the office of the commission.
Sec. 46. Any order of the commission hereunder substantially affecting the rights of any interested party may be reviewed by any court of competent jurisdiction. Any such action must be commenced within thirty (30) days after the effective date of the order complained of or within thirty (30) days after the injurious effect complained of becomes reasonably apparent.
Sec. 47. The commission may bring an action to enjoin the violation or threatened violation of any provisions of this act or of any order made pursuant to this act in the district court in the county in which such violation occurs or is about to occur. There may be enjoined in one proceeding any number of defendants alleged to be violating the same provisions or orders, although their properties, interests, residence or place of business may be in several counties and the violations separate and distinct.
κ1955 Statutes of Nevada, Page 741 (CHAPTER 387, SB 151)κ
interests, residence or place of business may be in several counties and the violations separate and distinct.
Sec. 48. The commission may confer, enter into agreements, or otherwise arrange with the constituted authorities of this state, other states or agencies of the United States with respect to plans relating to the stabilization and distribution of fluid milk and fluid cream within this state or as between this state and other states or the United States, and may exercise its powers hereunder to effectuate and enforce such plans.
Sec. 49. All moneys received by the commission hereunder shall be paid monthly into the state treasury to the credit of the dairy commission fund.
ARTICLE VI
Sec. 50. The commission shall designate marketing areas which it deems necessary or advisable to effectuate the purposes of this act and wherein it finds the conditions affecting the production, distribution and sale of fluid milk, fluid cream or both are reasonably uniform. The commission shall have the power to establish additional areas or to modify areas theretofore established when it deems the establishment or modification of such areas necessary or advisable to effectuate the purposes of this act. When the commission finds, after a public hearing in and for each particular marketing area under consideration for consolidation, that conditions of production and distribution are reasonably uniform in two or more such marketing areas wherein stabilization and marketing plans are in effect, it may consolidate the area; provided that at said hearings more than 35 percent of the producers present who supply the areas proposed to be consolidated do not object to such consolidation.
Sec. 51. The commission shall, prior to the formulation of a stabilization and marketing plan for fluid milk in any marketing area, conduct a public hearing in said area for the purpose of determining whether or not producers whose major interest in the fluid milk business is in the production of fluid milk for the marketing area and who represent not less than 65 percent of the total number of producers whose major interest in the fluid milk business is in the production of fluid milk for the marketing area and who produce not less than 65 percent of the total volume of the fluid milk produced for said marketing area by all such producers, desire that a stabilization and marketing plan for fluid milk be formulated for said area; but if a petition is presented to the commission by the producers whose major interest in the fluid milk business is in the production of fluid milk for the marketing area, and who represent not less than 65 percent of the total number of producers whose major interest in the fluid milk business is in the production of fluid milk for the marketing area, and who produce not less than 65 percent of the total volume of the fluid milk produced for said marketing area by all such producers, it shall not be necessary that such hearing be held.
Sec. 52. The commission shall, prior to the formulation of a stabilization and marketing plan for fluid cream for any marketing area, conduct a public hearing in said area for the purpose of determining whether or not producers whose major interest in the fluid cream business is in the production of fluid milk for fluid cream for said marketing area and who represent not less than 65 percent of the total number of producers whose major interest in the fluid cream business is in the production of fluid milk for fluid cream for said marketing area and who produce not less than 65 percent of the total volume of fluid milk for fluid cream produced for said marketing area by all such producers, desire that a stabilization and marketing plan for fluid cream be formulated for said area; but if a petition is presented to the commission by producers whose major interest in the fluid cream business is in the production of fluid milk for fluid cream for said marketing area and who represent not less than 65 percent of the total number of producers whose major interest in the fluid cream business is in the production of fluid milk for fluid cream for the marketing area and who produce not less than 65 percent of the total volume of fluid milk for fluid cream produced for said marketing area by all such producers, it shall not be necessary that such hearing be held.
κ1955 Statutes of Nevada, Page 742 (CHAPTER 387, SB 151)κ
conduct a public hearing in said area for the purpose of determining whether or not producers whose major interest in the fluid cream business is in the production of fluid milk for fluid cream for said marketing area and who represent not less than 65 percent of the total number of producers whose major interest in the fluid cream business is in the production of fluid milk for fluid cream for said marketing area and who produce not less than 65 percent of the total volume of fluid milk for fluid cream produced for said marketing area by all such producers, desire that a stabilization and marketing plan for fluid cream be formulated for said area; but if a petition is presented to the commission by producers whose major interest in the fluid cream business is in the production of fluid milk for fluid cream for said marketing area and who represent not less than 65 percent of the total number of producers whose major interest in the fluid cream business is in the production of fluid milk for fluid cream for the marketing area and who produce not less than 65 percent of the total volume of fluid milk for fluid cream produced for said marketing area by all such producers, it shall not be necessary that such hearing be held.
Sec. 53. If the commission finds that a stabilization and marketing plan is necessary to accomplish the purposes of this act, it shall formulate a stabilization and marketing plan for fluid milk or fluid cream or both for such area and issue a notice of public hearing upon the plan formulated to all producers and distributors of record with the commission who may be subject to the provisions of such plan. The notice of hearing may be effected by mail or by publication for five (5) successive days in a newspaper of general circulation in the area designated and shall specify the time and the place of such hearing, which shall not be held prior to ten (10) days from the mailing, or from the final publication of such notice; provided, however, that if no daily newspaper of general circulation is published in the area designated, publication of notice for two (2) successive weeks in a weekly newspaper of general circulation in the area will be considered proper publication of notice. At the hearing, interested parties shall be heard and records kept of the proceedings of such hearing for determination by the commission whether the plan proposed will accomplish the purposes of this act. If, after public hearing, the commission determines that the proposed plan will tend to accomplish the purposes of this act within the standards herein prescribed, it shall issue an order to all producers and distributors of record with the commission and subject to the provisions of such plan, declaring such plan in effect within thirty (30) days from the date of such hearing.
ARTICLE VII
Sec. 54. Each stabilization and marketing plan shall contain provisions for prohibiting distributors and retail stores from engaging in the unfair practices hereinafter set forth:
(a) The payment, allowance or acceptance of secret rebates, secret refunds or unearned discounts by any person, whether in the form of money or otherwise.
(b) The giving of any milk, cream, dairy products, services or articles of any kind, except to bona fide charities, schools, hospitals and individual consumers, for the purpose of securing or retaining the fluid milk or fluid cream business of any customer.
κ1955 Statutes of Nevada, Page 743 (CHAPTER 387, SB 151)κ
of any kind, except to bona fide charities, schools, hospitals and individual consumers, for the purpose of securing or retaining the fluid milk or fluid cream business of any customer.
(c) The extension to certain customers of special prices or services not made available to all customers who purchase fluid milk or fluid cream of like quantity under like terms and conditions.
(d) The purchase of any fluid milk in excess of two hundred gallons monthly from any producer or association of producers unless a written contract has been entered into with such producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of such milk to be paid for as class 1 in pounds of milk or pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract shall also state the date and method of payment for such fluid milk, which shall be that payment shall be made for approximately one-half of the milk delivered in any calendar month not later than the first day of the next following month and the remainder not later than the 15th day of said month, the charges for transportation if hauled by the distributor, and may contain such other provisions as are not in conflict with this act, and shall contain a proviso to the effect that the producer shall not be obligated to deliver in any calendar month fluid milk to be paid for at the minimum price for fluid milk that is used for class 3, as said class is defined in section 35. A signed copy of such contract shall be filed by the distributor with the commission within five (5) days from the date of its execution. The provisions of this subdivision relating to dates of payment shall not apply to contracts for the purchase of fluid milk from nonprofit cooperative associations of producers.
ARTICLE VIII
Sec. 55. Each stabilization and marketing plan may contain provisions whereby distributors shall report to each producer from whom fluid milk is secured, the volume of fluid milk received from such producer in pounds of milk, and milk fat test of such milk, and the amount of fluid milk in milk fat pounds paid for in the several classes and the prices paid for the various classes for each month.
Sec. 56. No distributor subject to the provisions of any stabilization and marketing plan shall purchase milk from producers who cannot comply with the provisions of this act in such plan. No such plan shall involve a limitation upon the production of fluid milk or fluid cream.
ARTICLE IX
Sec. 57. Pursuant to the declaration and statement of facts, policy and purposes set forth in this act, the commission is hereby vested with the additional administrative duty and authority to prescribe unfair trade practices and investigate marketing and pricing practices within marketing areas for later legislative recommendation.
Sec. 58. In investigating prices in any marketing area the commission may first make an investigation in such marketing area to establish such facts as shall be necessary to permit it to carry out the intent of this article within the standards herein prescribed. In making such investigation, the commission may upon notice examine the books and records of distributors and the purchase of dairy products by retail stores in such marketing area and may hold one or more public hearings, take testimony and may subpena witnesses.
κ1955 Statutes of Nevada, Page 744 (CHAPTER 387, SB 151)κ
investigation, the commission may upon notice examine the books and records of distributors and the purchase of dairy products by retail stores in such marketing area and may hold one or more public hearings, take testimony and may subpena witnesses. All testimony received at such hearings shall be under oath. Notice of any hearing held by the commission pursuant to this article shall be given by the commission to every distributor and retail store in such marketing area whose name appears upon the records of the commission or who files a request for the same with the commission, by mail or by publication. The notice of hearing may be effected by mail, or by publication for five (5) successive days in a newspaper of general circulation in the area designated and shall specify the time and place of such hearing, which shall not be held prior to ten (10) days from the mailing, or from the final publication of such notice; provided, however, that if no daily newspaper of general circulation is published in the area designated, publication of notice for two (2) successive weeks in a weekly newspaper of general circulation in the area will be considered proper publication of notice. A record of any and all hearings held by the commission pursuant to this article shall be made and filed in the office of the commission and shall, at all times, be available to inspection by any interested person.
ARTICLE X
Sec. 59. No distributor shall deal in fluid milk or fluid cream without first having obtained a license from the commission. The special licenses provided in this section are in addition to any and all licenses otherwise required by any law or ordinance of any county or municipality of this state or any law of this state. Application for the licenses herein provided shall be made on forms prescribed by the commission, shall be accompanied by an application fee of $3, and shall state the name and address of the applicant and such details as to the nature of the applicants business as the commission may require. Such applicant shall further satisfy the commission of his or its character, responsibility and good faith in seeking to carry on the business stated in the application. Licenses shall be issued for a period of twelve (12) months from the first day of each year or for the remainder of the calendar year from the date of issuance. Application for renewal of a license for the following year by a licensee, together with the application fee of $3, shall be made prior to the expiration date of the license held, and if not so made, the applicant shall pay an addition sum equal to 100 percent of the application fee before such license shall be issued.
Sec. 60. Every distributor before purchasing any fluid milk or fluid cream from a producer must execute and deliver to the commission a surety bond in the minimum sum of $1,000 executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. Said bond shall be upon a form approved by the commission and shall be conditioned upon the payment in the manner required by this act of all amounts due to producers for fluid milk and fluid cream purchased by such licensee or applicant during the license year.
κ1955 Statutes of Nevada, Page 745 (CHAPTER 387, SB 151)κ
or applicant during the license year. Said bond shall be to the state in favor of every producer of fluid milk and fluid cream. In case of failure by a distributor to pay any producer or producers for fluid milk or fluid cream in the manner required by this act, the commission shall proceed forthwith to ascertain the names and addresses of all producer-creditors of such distributor, together with the amounts due and owing to them and each of them by such distributor, and shall request all such producer-creditors to file a verified statement of their respective claims with the commission. Thereupon the commission shall bring an action on the bond on behalf of said producer-creditors. Upon any action being commenced upon said bond, the commission may require the filing of a new bond and immediately upon a recovery in any action upon such bond, such distributor shall file a new bond, and upon failure to file same upon ten (10) days; in either case, such failure shall constitute grounds for the revocation or suspension of the license of such distributor. In the event that recovery upon the bond is not sufficient to pay all of the claims as finally determined and adjudged by the court, any such amount recovered shall be divided pro rata among said producer-creditors.
Sec. 61. The minimum bond of $1,000 shall be required of distributors purchasing an average daily quantity of fluid milk of less than one hundred gallons; distributors purchasing an average daily quantity of one hundred gallons and less than two hundred gallons during any calendar month during a license year must post a bond in the amount of $2,000; distributors purchasing an average daily quantity of two hundred gallons and less than three hundred gallons during any calendar month during a license year must post a bond in the amount of $3,000; distributors purchasing an average daily quantity of three hundred gallons or more during any calendar month during a license year shall post a bond in the sum of $5,000.
Sec. 62. In the event that any distributor so increases his purchases of fluid milk during the license year that said purchases exceed the amount for which said distributor is bonded, said distributor shall within a reasonable time post additional bond or bonds as may be required to comply with the provisions of this article.
Sec. 63. The licenses and bonds provided for in this article shall be required for each distributor and for the purposes of this article each subsidiary milk plant or branch milk plant, whether under one ownership or not, shall be considered as an individual distributor. No bond shall be required of a cooperative association of producers.
Sec. 64. For the purposes of this article a milk plant shall be any place, structure, or building where a distributor receives fluid milk or fluid cream and weighs or tests or standardizes or pasteurizes or homogenizes or separates or bottles or packages such fluid milk or fluid cream, except that the provisions hereof shall not apply to a place or structure or building used for the purpose of receiving, weighing or testing fluid milk or fluid cream which is to be diverted or delivered to the milk plant of the distributor receiving fluid milk or fluid cream which milk plant is licensed and bonded under the provisions of this article.
κ1955 Statutes of Nevada, Page 746 (CHAPTER 387, SB 151)κ
Sec. 65. Failure of any distributor who purchases fluid milk or fluid cream from producers to execute and deliver the bond as herein provided and required, shall constitute a violation of this act; failure of any such distributor to post such additional bond or bonds as may be required to comply with the provisions of this act shall likewise constitute a violation of this act.
Sec. 66. Distributors who are subject to any stabilization and marketing plan as established by the commission shall pay to the commission on all milk fat contained in fluid milk, fluid cream or both, purchased from producers, including their own production, if any, a fee in cents per pound of milk fat equal to that required to be deducted from payments due producers of fluid milk under section 67. Such assessed fees received by the commission shall be used in the administration and enforcement of this act.
Sec. 67. Distributors who are subject to the provisions of any stabilization and marketing plan made effective by this act, shall deduct as an assessment from payments due producers for fluid milk, fluid cream or both, including each distributors own production, the sum of one-half cent per pound milk fat on all milk fat contained in fluid milk, fluid cream or both, or in the case of distributors who do not purchase or receive fluid milk, in milk fat pounds, the sum of 1 1/2 cents for each ten (10) gallons of fluid milk sold. Said assessment rates are maximum rates. The commission may fix the rate of such assessment at a less amount, and may adjust the rate from time to time, whenever it finds that the cost of administering the provisions of this act can be defrayed from revenues derived from such lower rates in combination with such sums as are provided by section 66. The amount of the assessment so deducted shall be paid to the commission on or before the 15th of the month following the month during which such fluid milk or fluid cream was received.
Sec. 68. No bond shall be required of any distributor who purchases fluid milk or fluid cream from a producer-distributor; provided that the buyer at the time of obtaining possession or control of each delivery pays for the same in full in lawful money of the United States; and provided, that said fluid milk or fluid cream is purchased in package form ready for human consumption, and not in bulk form. Any distributor before purchasing fluid milk or fluid cream on the above terms shall notify the commission of his intention to make such purchases, stating from whom and the average daily quantity of such purchases. Such distributor shall also keep a record of such purchases, showing dates of purchases, amounts of purchases, and the name or names of seller or sellers, and shall make such other and further reports to the commission as it may from time to time require.
Sec. 69. The provisions of this article with respect to licenses shall not apply to retail stores as said stores are defined in this act.
ARTICLE XI
Sec. 70. Every distributor who purchases fluid milk or fluid cream from a producer shall make and keep for one year a correct record showing in detail the following with reference to the handling, sale or storage of such fluid milk or fluid cream:
κ1955 Statutes of Nevada, Page 747 (CHAPTER 387, SB 151)κ
showing in detail the following with reference to the handling, sale or storage of such fluid milk or fluid cream:
(a) The name and address of the producer.
(b) The date the fluid milk or fluid cream was received.
(c) The amount of fluid milk or fluid cream received.
(d) The official butterfat test of the fluid milk or fluid cream if purchased on a butterfat basis.
(e) The useage of the fluid milk or fluid cream.
(f) Evidence of payment for the fluid milk or fluid cream purchased.
Sec. 71. Any record or report made to the commission pursuant to the provisions of this article shall be confidential and shall not be divulged except when necessary for the proper determination of any court proceedings or hearing before the commission.
Sec. 72. The commission shall, within thirty (30) days prior to each general session of the legislature, submit to the governor a full and true report of the transactions under this act during the preceding biennium, including a complete statement of receipts and expenditures during such period, together with its legislative recommendations.
Sec. 73. In addition to the compilation of information pertaining to fluid milk and fluid cream from the reports required by this act, the commission shall collect, assemble, compile, and distribute statistical data relative to fluid milk, fluid cream, other milk and milk products and such other information as may relate to the dairy industry and the provisions of this act.
ARTICLE XII
Sec. 74. The violation of any provision of this act, or of any of the unfair practices set forth in this act, is a misdemeanor, and is furthermore ground for revocation or suspension of license in the manner set forth in this act.
Every distributor must pay for fluid milk or fluid cream delivered to him or it at the time and in the manner specified in the contract with the producer; failure to make such payment is hereby declared to be ground for refusal, suspension, or revocation of license in the manner set forth in this act.
ARTICLE XIII
Sec. 75. The commission may refuse to grant any license herein provided and may revoke or suspend any such license as the case may require when it is satisfied that any applicant or licensee has violated any provision of this act; provided that no order shall be made refusing, revoking or suspending any license except after hearing upon at least ten (10) days notice to the applicant or licensee.
The decision may include an order refusing, revoking or suspending the license applied for or held by the respondent, or fixing such other conditional and probationary orders as may be proper for the enforcement of this act.
After any decision including any conditional or probationary orders, should respondent fail, refuse or neglect to comply with any such orders, the commission may suspend or revoke the license in accordance with the procedure provided in this section.
κ1955 Statutes of Nevada, Page 748 (CHAPTER 387, SB 151)κ
orders, the commission may suspend or revoke the license in accordance with the procedure provided in this section.
Previous violation by any applicant or by any person connected with said applicant of any provision of this act shall be good and sufficient ground for denial, revocation or suspension of a license.
Sec. 76. Whenever the commission is satisfied, either by investigation or after hearing, that a distributor is unable to pay for fluid milk and/or fluid cream purchased from producers and is further satisfied that to permit the distributor to continue to purchase and receive fluid milk and/or fluid cream from producers would be likely to cause serious and irreparable loss to producer-creditors and other producers, then the commission within its discretion may thereupon and forthwith shorten the time for hearing and thereupon may issue an order to show cause why the license of said distributor should not be forthwith suspended or revoked; provided, however, that the time of notice of said hearing shall in no event be less than five (5) days. At such hearing the distributor proceeded against shall be ordered to show cause why his or its license should not be suspended or revoked or continued under such conditions and provisions, if any, as the commission may consider just and proper and for the protection of the best interests of the producer-creditors and producers from whom the distributor has been and is receiving fluid milk and/or fluid cream. Following such hearing, the decision of the commission shall become effective at its discretion.
Said hearing, in the case of such emergency, may be called upon written notice, said notice to be served personally or by mail on the distributor involved and may be held at the nearest office of the commission or at such place as may be most convenient in the discretion of the commission for the attendance of all parties involved.
Sec. 77. Any decision of the commission in the absence of an appeal therefrom as herein provided shall become final 20 days after the date of notification or mailing thereof. The commission shall be deemed to be a party to any judicial action involving any such decision, and may be represented in any such judicial action by any qualified attorney employed by it and designated by it for that purpose, or at the commissions request by the attorney general.
Within 20 days after the decision of the commission, any party aggrieved thereby may secure judicial review thereof by commencing an action in the district court of the county in which the aggrieved party resides. Upon filing of the appeal, the enforcement of the commissions 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. With its answer, the commission shall certify and file with said court all documents, papers and a transcript of all testimony taken in the matter, together with the commissions findings of fact and decision therein. Upon the final determination of such judicial proceedings, the commission shall enter an order in accordance with such determination.
κ1955 Statutes of Nevada, Page 749 (CHAPTER 387, SB 151)κ
Sec. 78. This act shall not be construed to authorize the establishment or fixing of any prices. This act shall apply to retail stores in the following particulars only:
1. The examination by the commission of the purchase records of retail stores from distributors.
2. The unfair practices prohibited in article VII of this act.
Sec. 79. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
________
Senate Bill No. 244Senator Brown
CHAPTER 388
AN ACT authorizing any public agency to sell or lease for a term not exceeding 99 years, without a vote of the electors first being taken and without advertising for public bids, any real property belonging to the respective district or agency, which is not at the time of delivery of title or possession needed any longer for public use by the district or public agency owning the same, provided it is sold to another public agency, and other matters properly relating thereto.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, public agency includes the state or any state department or agency, a county, a city, a public corporation or a public district.
Sec. 2. The governing body of any public agency of any type or class is hereby authorized to sell or lease, for a term not exceeding 99 years, to another public agency, without a vote of the electors of such district or political subdivision first being taken, any unused real property belonging to the respective public agency which is not, at the time of delivery of title or possession, needed any longer for public use by such public agency owning the same; provided the sale is to be made to another public agency, and such sale may be negotiated without advertising for public bids; and provided that the public agency purchasing the same pays an amount at least equal to the assessed valuation of the real property being conveyed.
Sec. 3. Any such sale may be made for cash, or for part cash, and upon such terms of deferred payments secured by mortgage or deed of trust.
Sec. 4. The funds derived from such sale shall be used for capital outlay.
Sec. 5. Any such lease may be made upon such consideration as may be authorized by the action of the governing board.
Sec. 6. Before ordering the sale or lease of any such property the governing board of such public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell the same, or a resolution declaring its intention to lease the same, as the case may be.
κ1955 Statutes of Nevada, Page 750 (CHAPTER 388, SB 244)κ
governing board of such public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell the same, or a resolution declaring its intention to lease the same, as the case may be. The resolution shall describe the property proposed to be sold or leased in such a manner as to identify it and shall specify the minimum price or rental and the terms upon which it will be sold or leased, and shall fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which meeting objections to the sale or lease may be voiced by the electors of the district or political subdivision.
Sec. 7. Notice of the adoption of the resolution, and of the time and place of the holding of the public meeting, shall be given by publishing such notice not less than twice, on successive days, the last notice of which shall be not less than 7 days before the date of the meeting, in a newspaper of general circulation published in the county in which the district or political subdivision, or any part thereof, is situated.
Sec. 8. Any resolution or acceptance of any such bid made by another public agency shall authorize and direct the chairman or president of such governing body, or other presiding officer, to execute a deed or lease and to deliver the same upon the performance and compliance by the purchasing agency or lessee agency, as the case may be, of all the terms and conditions of the contract to be performed concurrently therewith.
Sec. 9. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 10. This act shall become effective upon passage and approval.
________
Senate Bill No. 268Committee on Finance
CHAPTER 389
AN ACT authorizing payment to Joseph Fredericks of $150 for void state controllers warrants.
[Approved March 29, 1955]
Whereas, In the months of August and December, 1951, the state controller and state treasurer made and issued warrants numbers 4978 and 29887 in the total sum of $90 to Joseph Fredericks, Comstock Garage, Virginia City, Nevada, in payment of storage and rental expenses; and
Whereas, In the months of March and April, 1953, the state controller and state treasurer made and issued warrants numbers 109923 and 115096 in the total sum of $60 payable to the same Joseph Fredericks; and
Whereas, Joseph Fredericks failed to present the warrants within the 90-day period prescribed by Nevada law and they become void for failure of such presentment; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to draw his warrant in favor of Joseph Fredericks in the sum of $150, and the state treasurer is directed to pay such warrant from the general fund.
κ1955 Statutes of Nevada, Page 751 (CHAPTER 389, SB 268)κ
to draw his warrant in favor of Joseph Fredericks in the sum of $150, and the state treasurer is directed to pay such warrant from the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 186Senator Whitacre
CHAPTER 390
AN ACT to amend an act entitled An Act requiring foreign corporations doing business in the State of Nevada to publish annual statements, approved March 28, 1901.
[Approved March 29, 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 1844, N.C.L. 1929, as last amended by chapter 66, Statutes of Nevada 1949, at page 86, is hereby amended to read as follows:
Section 1. All foreign corporations doing business in the State of Nevada shall, not later than the month of March in each year, beginning in the year 1914, publish a statement of their last years business in some newspaper, selected by such corporation, published in the State of Nevada. If published in a daily newspaper, such statement shall be published for five consecutive times in one week, or if published in a semiweekly or triweekly newspaper, for a period of two weeks, or if published in a weekly newspaper, for a period of four weeks. In any case in which such statement is published in a semimonthly newspaper, issued twice monthly, said statement shall be published in four consecutive numbers or issues of said newspaper.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 266Committee on Finance
CHAPTER 391
AN ACT to provide an additional and supplemental appropriation for the support of the office of the state controller for the biennium ending June 30, 1955.
[Approved March 29, 1955]
Whereas, By the provisions of section 6 of chapter 294, Statutes of Nevada 1953, at page 461, there was appropriated from the general fund for the support of the office of the state controller for the biennium ending June 30, 1955, the sum of $91,012.40; and
Whereas, Because of the action of the special session of the legislature held in 1954 additional and unforeseen printing of new personal property books for the use of county auditors was required; and
Whereas, There will be a deficiency for the biennium ending June 30, 1955, for the operation of the office of the state controller; now, therefore,
κ1955 Statutes of Nevada, Page 752 (CHAPTER 391, SB 266)κ
30, 1955, for the operation of the office of the state controller; 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 general fund in the state treasury out of any moneys not otherwise appropriated the sum of $3,075.76 for the general support of the office of the state controller as an additional and supplemental appropriation to that allowed by section 6 of chapter 294, Statutes of Nevada 1953.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 215Senator Crumley
CHAPTER 392
AN ACT providing for the remodeling of Manzanita Hall on the campus of the University of Nevada, at Reno; providing for the issuance of bonds therefor, and the manner of their sale and redemption; defining certain duties of the Nevada state planning board, the president and regents of the University of Nevada and the state controller; and other matters relating thereto.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Provision is hereby made for the remodeling, reconstruction, furnishings and equipment of Manzanita Hall on the campus of the University of Nevada, at Reno, to provide for the work and materials incident thereto, and for the payment of the same as hereinafter provided.
Sec. 2. There is hereby created in the state treasury, for the use of the Nevada state planning board in carrying out the provisions of this act, a trust fund to be known as the Manzanita Hall remodeling fund.
Sec. 3. 1. To provide the Manzanita Hall remodeling 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 $200,000.
2. Such bonds shall:
(a) Be in denominations of $5,000 each, payable in legal tender of the United States.
(b) Be numbered serially from 1 to 40, 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.
κ1955 Statutes of Nevada, Page 753 (CHAPTER 392, SB 215)κ
(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.
(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 be signed by the engraved facsimile signature of the governor, secretary of state and 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 Manzanita Hall remodeling fund herein created.
6. At least one 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. 4. None of the funds in the Manzanita Hall remodeling fund shall be used for any purpose or purposes other than to reconstruct, remodel, equip and furnish Manzanita Hall on the campus of the University of Nevada, at Reno.
Sec. 5. The costs and expenses of the reconstruction, remodeling, equipment and furnishings, including supervision and inspection thereof, and of all the work and materials provided for in this act shall not exceed the sum of $200,000.
Sec. 6. The Nevada state planning board is hereby charged with the duty of carrying out the provisions of this act relating to the reconstruction, remodeling, equipment and furnishings provided for in this act. The Nevada state planning board shall employ competent architects who, in turn, shall employ competent structural and mechanical engineers in preparing plans and specifications.
κ1955 Statutes of Nevada, Page 754 (CHAPTER 392, SB 215)κ
mechanical engineers in preparing plans and specifications. The Nevada state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the reconstruction and remodeling of the building and the equipment and furnishings thereof. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The Nevada state planning board may accept bids on either the whole or on a part or parts of the reconstruction, remodeling, equipment and furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical, and electrical construction, if savings will result thereby, at their discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
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 shall be rejected. A completion bond for the full amount of the contract shall be furnished by the successful bidder. The time limit covered by such completion bond shall be set by the architect, based upon standard practice for such work, with the proper penalty therein provided.
Sec. 7. The Nevada state planning board shall pay the compensation of the architects at the time of acceptance of the plans and specifications prepared and presented to the board or thereafter, in full or in part, as may be provided for in the agreement between the board and the architects for the preparation and presentation of the plans and specifications. All bills for the employment of architects or for the work, equipment and furnishings herein provided for shall be paid out on claims against the Manzanita Hall remodeling fund as other claims against the state are paid; and such claims, before payment, shall first be approved by the chairman and secretary of the Nevada state planning board.
Sec. 8. The president and regents of the University of Nevada and the Nevada state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications and contracts for the whole or part or parts of the reconstruction, remodeling, furnishings and equipment shall be approved by the president and regents of the University of Nevada and each contract shall be approved by the attorney general of the State of Nevada, before any such contract may be let.
Sec. 9. Upon completion and final acceptance of the remodeled or reconstructed building, furnishings and equipment and payment therefor, the Manzanita Hall remodeling fund shall terminate and any unexpended or unobligated balance remaining in such fund in the state treasury shall be paid into the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada 1939, and disbursed as provided therein for the purpose of the payment of interest and redemption of the bonds issued according to the provisions of this act.
κ1955 Statutes of Nevada, Page 755 (CHAPTER 392, SB 215)κ
therein for the purpose of the payment of interest and redemption of the bonds issued according to the provisions of this act.
Sec. 10. 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. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 166Senator Johnson
CHAPTER 393
AN ACT for the relief of Janice E. Carter, and making an appropriation therefor.
[Approved March 29, 1955]
Whereas, On August 21, 1953, Janice E. Carter, through no fault of her own, suffered injury, damage, and loss on premises maintained and controlled by the State of Nevada, by tripping and falling on a defective step leading from the heroes memorial building in Carson City, Nevada, while she was lawfully leaving that building on foot; and
Whereas, Her injury, damage and loss included a broken ankle, the cost of medical care and attention and physical disability, pain and suffering, and the sum of $500 is just compensation for the same; and
Whereas, No relief in the premises has been or is available to Janice E. Carter through any claim to the state board of examiners or any action at law; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from any money in the state treasury not otherwise appropriated the sum of $500, which sum shall be paid to Janice E. Carter for her relief by reason of the injury, damage and loss mentioned in the preamble of this act. The state controller shall draw his warrant therefor and the state treasurer shall pay the same.
Sec. 2. Nothing in this act shall be deemed to admit any liability of the State of Nevada or any officer or employee thereof by reason of the injury or any damage or loss resulting from the same.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 756κ
Senate Bill No. 161Committee on Public Health
CHAPTER 394
AN ACT appropriating $200,000 for the biennium ending June 30, 1957, for the care of persons in active stages of tuberculosis who are being cared for at public expense.
[Approved March 29, 1955]
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 the general fund the sum of $200,000 to carry out the provisions of chapter 183, Statutes of Nevada 1947, at page 639, to be paid out on claims arising under the provisions of that act as other claims against the state are paid.
Sec. 2. This act shall become effective on July 1, 1955.
________
Senate Bill No. 275Senator Crumley
CHAPTER 395
AN ACT to provide for the incorporation of nonstock, nonprofit corporations and other matters properly related thereto.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Nonprofit cooperative corporations may be formed by the voluntary association of any three or more persons in the manner prescribed in this act. A majority of such persons must be residents of this state, and such corporation shall have and may exercise the powers necessarily incident thereto, and also all other powers granted to private corporations by the laws of this state, excepting such powers as are inconsistent with those granted by this act.
Sec. 2. Such corporation shall not have a capital stock, and its business shall not be carried on for profit. Any person or any number of persons, including and in addition to the original incorporators, may become members of such corporation upon such terms and conditions as to membership, and subject to such rules and regulations as to their, and each of their, contract and other rights and liabilities between it and the member, as the corporation shall prescribe in its bylaws. The corporation shall issue a certificate of membership to each member, but the membership, or the certificate thereof, shall not, except as herein provided, be assigned by any member to any other person, nor shall the assigns thereof be entitled to membership in the corporation, or to any property rights or interest therein. The board of directors may, however, by motion duly adopted by it, consent to such assignment or transfer, and to the acceptance of the assignee or transferee as a member of the corporation.
κ1955 Statutes of Nevada, Page 757 (CHAPTER 395, SB 275)κ
as a member of the corporation. The corporation shall also have the right, by its bylaws, to provide for or against the transfer of membership and for or against the assignment of membership certificates, and also the terms and conditions upon which any such transfer or assignment shall be allowed.
Sec. 3. Each corporation formed under this act must prepare and file articles of incorporation in writing setting forth:
1. The name of the corporation.
2. The purpose for which it is formed.
3. The place where its principal business will be transacted.
4. The term for which it is to exist, not exceeding 50 years.
5. The number of directors thereof, which must not be less than three and which may be any number in excess thereof, and the names and residences of those selected for the first year and until their successors shall have been elected and shall have accepted office.
6. Whether the voting power and the property rights and interest of each member shall be equal or unequal, and if unequal the articles shall set forth a general rule or rules applicable to all members by which the voting power and the property rights and interests, respectively, of each member may and shall be determined and fixed, but the corporation shall have power to admit new members who shall be entitled to vote and to share in the property of the corporation with the old members, in accordance with such general rule.
7. The articles of incorporation shall be subscribed by three or more of the original members, a majority of whom must be residents of this state, and acknowledged by each before some officer authorized to take and certify acknowledgments of conveyances of real property, and shall be filed in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed, and thereupon the secretary of state shall furnish a certified copy thereof which shall be filed in the office of the clerk of the county where the principal business association is to be transacted, and also the secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts has been filed in his office, and thereupon, and upon the filing of a copy with the county clerk, the person signing the articles and their associates and successors shall be a body politic and corporate. When so filed, the articles of incorporation or certified copies thereof shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein.
Sec. 4. 1. Each corporation incorporated under this act must, within 1 month after filing articles of incorporation, adopt a code of bylaws for its government and management not inconsistent with the provisions of this act. A majority vote of the members or the written assent of members representing a majority of the votes is necessary to adopt such bylaws.
2. The power to make additional bylaws and to alter the bylaws adopted under the provisions of subsection 1 shall be in the members, but any corporation may, in its articles of incorporation, original or amended, or by resolution adopted by a two-thirds vote, or by written consent of two-thirds of the members, confer that power upon the directors.
κ1955 Statutes of Nevada, Page 758 (CHAPTER 395, SB 275)κ
amended, or by resolution adopted by a two-thirds vote, or by written consent of two-thirds of the members, confer that power upon the directors. Bylaws made by the directors under power so conferred may be altered by the directors or by the members. The written consent of two-thirds of the members shall suffice to adopt bylaws in addition to those adopted under the provisions of subsection 1, and to amend or repeal any bylaw.
3. All bylaws in force must be copied legibly in a book called the book of bylaws, kept at all times for inspection in the principal office. Until so copied, they shall not be effective or in force.
4. Each corporation organized hereunder may also, by its bylaws adopted as aforesaid, provide for the following matters:
(a) The manner of removal of any one or more of its directors and of filling any and all vacancies in the board of directors.
(b) The conditions upon which and the time when membership of any member in the corporation shall cease; the mode, manner and effect of expulsion of a member, subject to the right of the expelled member to have the board of directors equitably appraise his property interests in the corporation and to fix the amount thereof in money, and to have the money paid to him within 60 days after such expulsion.
(c) The amount of membership fee, if any, and the amount which each member shall be required to pay annually, or from time to time, if at all, to carry on the business of the corporation, and also the compensation, if any, to be paid by each member for any services rendered by the corporation to him, and the time of payment and the manner of collecting the same, and may provide for forfeiture of the interest of the member in the corporation for nonpayment of the same.
(d) The number and qualifications of members of the corporation and conditions precedent to membership and the method, time and manner of permitting members to withdraw, and providing for the assignment and transfer of the interest of members, and the manner of determining the value of such interest and providing for the purchase of such interest by the corporation upon the death, withdrawal or expulsion of a member or upon the forfeiture of his membership, at the option of the corporation.
Sec. 5. Each corporation incorporated under this act shall have the powers granted by the provisions of other laws of Nevada, relating to private corporations, which are not inconsistent with those granted by this act, and shall also have the following powers:
1. To appoint such agents and officers as its business may require, and such appointed agents may be either persons or corporations; to admit persons and corporations to membership in the corporation, and to expel any member pursuant to the provisions of its bylaws; to forfeit the membership of any member for violation of any agreement between him and the corporation or for his violation of its bylaws.
2. To purchase, lease or otherwise acquire, hold, own and enjoy, to sell, lease, mortgage and otherwise encumber and dispose of any and all and every kind or kinds of real and personal property, also to carry on any and all operations necessary or convenient in connection with the transaction of any of its business.
κ1955 Statutes of Nevada, Page 759 (CHAPTER 395, SB 275)κ
3. Upon the written assent of two-thirds of all the members or by a vote of members representing two-thirds of the total votes of all members of each of two or more such nonprofit cooperative corporations to cooperate with each other for the more economical carrying on of their respective businesses by consolidation, such consolidation shall be effected by two or more associations entering into an agreement in writing and adopting a name, which agreement must be signed by two-thirds of the members of each such association. Such agreement must also state all the matters necessary to articles of association, and must be acknowledged by the signers before an officer competent to take an acknowledgment of deeds in this state, and be filed in the office of the county clerk of the county wherein the principal business of the association is to be transacted, and a certified copy thereof in the office of the secretary of state, and pay the same fees for filing and recording as required for filing and recording of original articles of incorporation; and from and after the filing of such certified copy, the former associations comprising the component parts cease to exist, and the consolidated association succeeds to all the rights, duties, and powers of the component associations, and is possessed of all the rights, duties, and powers prescribed in the agreement of consolidated associations not inconsistent with this act, and is subject to all the liabilities and obligations of the former component associations, and succeeds to all the property and interests thereof, and may make bylaws and do all things permitted by this act. Any such corporation upon resolution, adopted by its board of directors, shall have the power to enter into contracts and agreements, and to make stipulations and arrangements with any other corporation or corporations for the cooperative and more economical carrying on of its business, or any part or parts thereof; or any two or more cooperative corporations organized under this act, upon resolutions adopted by their respective board of directors, may, for the purpose of more economically carrying on their respective businesses, by agreement, unite in adopting, employing and using, or several such corporations may separately adopt, employ and use the same methods, policy, means, agents, agencies and terms of marketing for carrying on and conducting their respective businesses.
4. Any corporation formed or consolidated under this act may be dissolved, and its affairs wound up voluntarily by the written consent of members representing two-thirds of the total votes, in the manner and with the effect provided in section 10 of chapter 60, Statutes of Nevada 1901, entitled An Act to provide for the incorporation, operation, and management of cooperative associations, approved March 16, 1901, also designated as section 1593, N.C.L. 1929.
Sec. 6. Any such corporation may amend its articles of incorporation in any manner not inconsistent with the provisions of this act, in the manner provided for by section 7 of chapter 177, Statutes of Nevada 1925, entitled An Act providing a general corporation law, approved March 21, 1925.
Sec. 7. The right of a corporation, claiming to be organized and incorporated and carrying on its business under this act, to do and to continue its business, may be inquired into by quo warranto proceedings at the suit of the attorney general, but not otherwise.
κ1955 Statutes of Nevada, Page 760 (CHAPTER 395, SB 275)κ
to continue its business, may be inquired into by quo warranto proceedings at the suit of the attorney general, but not otherwise.
Sec. 8. This act is not applicable to railroads, telegraph, telephone, banking, insurance, building and loan, or any other corporation, unless the special provisions of this act applicable thereto are complied with.
Sec. 9. In the event the bylaws shall provide for unequal voting power, or unequal property rights of the several members, or both, the provisions of this act with reference to a majority, a two-thirds, or other vote of the members, shall not apply, and, in lieu thereof, there shall be substituted a majority of the votes of the interests represented by the several members or otherwise as the case may be.
Sec. 10. This act shall not be construed as amending or repealing any of the provisions of chapter 60, Statutes of Nevada 1901, entitled An Act to provide for incorporation, operation, and management of cooperative associations, approved March 16, 1901, also designated as sections 1584 to 1595, inclusive, N.C.L. 1929; or chapter 236, Statutes of Nevada 1921, entitled An Act to provide for the organization, management and conduct of nonprofit cooperative corporations, providing for membership therein, and matters properly connected therewith, approved March 23, 1921, also designated as sections 1575 to 1583, inclusive, N.C.L. 1929.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 343Messrs. Waters, Vaughan, Kean, Embry, Von Tobel, Jones and Christensen (Washoe)
CHAPTER 396
AN ACT to amend an act entitled An Act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees, table taxes and the use of the money obtained therefrom; providing for the issuance, revocation and suspension of state licenses; prohibiting minors from playing and loitering about such gambling games and devices; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto, approved March 19, 1931.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10e of the above-entitled act, being sections 3302 to 3302.16, inclusive, 1929 N.C.L. 1941 Supp., as added by chapter 248, Statutes of Nevada 1945, and as last amended by chapter 93, Statutes of Nevada 1949, at page 117, is hereby amended to read as follows:
Section 10e. The Nevada tax commission, before issuing a state gambling license, shall charge and collect from each applicant a license fee based upon all the gross revenue of such applicant as follows:
Three percent of all the gross revenue of such applicant which does not exceed $150,000 per quarter year; and also
κ1955 Statutes of Nevada, Page 761 (CHAPTER 396, AB 343)κ
Four percent of all the gross revenue of each applicant which exceeds $150,000 per quarter year and does not exceed $400,000 per quarter year; and also
Five percent of all the gross revenue of such applicant which exceeds $400,000 per quarter year and does not exceed $1,000,000 per quarter year; and also
Five and one-half percent of all the gross revenue of such applicant which exceeds $1,000,000 per quarter year.
No state gambling license shall be issued to any applicant, except a provisional license as provided in this act, until the license fee has been paid in full. Any person failing to pay the license fees provided for hereunder on or before the 25th day of the month shall pay in addition to such license fee a penalty of not less than ten ($10) dollars, or ten (10%) percent of the gross amount due, whichever is the greater, which penalty shall be collected as other charges, licenses and penalties under this act.
Any person who willfully fails to report, pay, or truthfully account for and pay over the license fees imposed by this act, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, shall, in addition to the amount due, be liable to a penalty of the amount of the license fee evaded or not paid, collected or paid over, which penalty shall be assessed and collected in the same manner as other charges, licenses and penalties under this act.
Sec. 2. Section 10ee of the above-entitled act, being sections 3302 to 3302.16, inclusive, 1929 N.C.L. 1941 Supp., as added by chapter 223, Statutes of Nevada 1947, and as amended by chapter 93, Statutes of Nevada 1949, at page 117, is hereby amended to read as follows:
Section 10ee. 1. Prior to the 10th day of January, 1956, for the 1956 calendar year, and the 10th day of January of every year thereafter, in addition to the license provided for in sections 1 to 5, inclusive, of this act, and any other state gambling license fees provided for in this act, as amended, the Nevada tax commission shall, before issuing a state gambling license, charge and collect in advance from each applicant a license fee to be determined on the following basis:
(a) Those establishments operating or to operate one game, the sum of $100.
(b) Those establishments operating or to operate two games, the sum of $200.
(c) Those establishments operating or to operate three games, the sum of $600.
(d) Those establishments operating or to operate four games, the sum of seven hundred fifty ($750) dollars.
(e) Those establishments operating or to operate five games, the sum of seventeen hundred fifty ($1,750) dollars.
(f) Those establishments operating or to operate six or seven games, the sum of three thousand ($3,000) dollars.
(g) Those establishments operating or to operate eight to ten games, inclusive, the sum of six thousand ($6,000) dollars.
(h) Those establishments operating or to operate more than ten (10) games the sum of one thousand ($1,000) dollars for each game so operating or to operate.
κ1955 Statutes of Nevada, Page 762 (CHAPTER 396, AB 343)κ
games the sum of one thousand ($1,000) dollars for each game so operating or to operate.
2. In computing the number of games operated or to be operated by an applicant hereunder, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under chapter 57, 1941 Statutes, page 64, shall be construed as and deemed a game within the meaning of this section.
3. Except for the period expiring December 31, 1955, all licenses shall be issued for the calendar years beginning January first and expiring December thirty-first and regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees. In the event any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.
4. Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines when not utilized as an adjunct to or a unit of any banking, percentage of mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.
5. All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or group of rooms in the same or contiguous building.
6. The license fees to be paid hereunder shall be designated as annual fees, regardless of the date of application or issuance of license.
7. The sheriff of any county shall not issue the licenses provided for in sections 1 to 5 of this act unless the applicant for such licenses shall first have obtained from the Nevada tax commission the licenses as provided in this section.
Sec. 3. Section 1 of this act shall become effective on April 1, 1955, and section 2 of this act shall become effective on January 1, 1956.
________
Senate Bill No. 171Committee on Finance
CHAPTER 397
AN ACT to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
PART 1-DEFINITIONS
Section 1. This act is known and may be cited as the Sales and Use Tax Act.
κ1955 Statutes of Nevada, Page 763 (CHAPTER 397, SB 171)κ
Sec. 2. Except where the context otherwise requires, the definitions given in this article govern the construction of this act.
Sec. 3. Person includes any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, cooperative, assignee, or any other group or combination acting as a unit, but shall not include the United States, this state or any agency thereof, or any city, county, district, or other political subdivision of this state.
Sec. 4. Taxpayer means any person liable for tax hereunder.
Sec. 5. Sale means and includes any transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration.
Transfer of possession, lease, or rental includes only transactions found by the commission to be in lieu of a transfer of title, exchange, or barter.
Sale includes:
(a) The producing, fabricating, processing, printing, or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing, or imprinting.
(b) The furnishing and distributing of tangible personal property for a consideration by social clubs and fraternal organizations to their members or others.
(c) The furnishing, preparing, or serving for a consideration of food, meals, or drinks.
(d) A transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price.
(e) A transfer for a consideration of the title or possession of tangible personal property which has been produced, fabricated, or printed to the special order of the customer, or of any publication.
Sec. 6. A retail sale or sale at retail means a sale for any purpose other than resale in the regular course of business of tangible personal property.
The delivery in this state of tangible personal property by an owner or former owner thereof or by a factor, or agent of such owner, former owner or factor, if the delivery is to a consumer or person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in this state, is a retail sale in this state by the person making the delivery. He shall include the retail selling price of the property in his gross receipts.
Sec. 7. Storage includes any keeping or retention in this state for any purpose except sale in the regular course of business or subsequent use solely outside this state of tangible personal property purchased from a retailer.
Sec. 8. Use includes the exercise of any right or power over tangible personal property incident to the ownership of that property, except that it does not include the sale of that property in the regular course of business.
κ1955 Statutes of Nevada, Page 764 (CHAPTER 397, SB 171)κ
Sec. 9. Storage and use do not include the keeping, retaining, or exercising any right or power over tangible personal property for the purpose of subsequently transporting it outside the state for use thereafter solely outside the state, or for the purpose of being processed, fabricated, or manufactured into, attached to, or incorporated into, other tangible personal property to be transported outside the state and thereafter used solely outside the state.
Sec. 10. Purchase means any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration. A transaction whereby the possession of property is transferred but the seller retains the title as security for the payment of the price is a purchase. A transfer for a consideration of tangible personal property which has been produced, fabricated, or printed to the special order of the customer, or of any publication, is also a purchase.
Sec. 11. Sales price means the total amount for which tangible property is sold, valued in money, whether paid in money or otherwise, without any deduction on account of any of the following:
(a) The cost of the property sold.
(b) The cost of materials used, labor or service cost, interest charged, losses, or any other expenses.
(c) The cost of transportation of the property prior to its purchase.
The total amount for which property is sold includes all of the following:
(a) Any services that are a part of the sale.
(b) Any amount for which credit is given to the purchaser by the seller.
Sales price does not include any of the following:
(a) Cash discounts allowed and taken on sales.
(b) The amount charged for property returned by customers when the entire amount charged therefor is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.
(c) The amount charged for labor or services rendered in installing or applying the property sold.
(d) The amount of any tax (not including, however, any manufacturers or importers excise tax) imposed by the United States upon or with respect to retail sales whether imposed upon the retailer or the consumer.
Sec. 12. Gross receipts mean the total amount of the sale or lease or rental price, as the case may be, of the retail sales of retailers, valued in money, whether received in money or otherwise, without any deduction on account of any of the following:
(a) The cost of the property sold. However, in accordance with such rules and regulations as the tax commission may prescribe, a deduction may be taken if the retailer has purchased property for some other purpose than resale, has reimbursed his vendor for tax which the vendor is required to pay to the state or has paid the use tax with respect to the property, and has resold the property prior to making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business.
κ1955 Statutes of Nevada, Page 765 (CHAPTER 397, SB 171)κ
respect to the property, and has resold the property prior to making any use of the property other than retention, demonstration or display while holding it for sale in the regular course of business. If such a deduction is taken by the retailer, no refund or credit will be allowed to his vendor with respect to the sale of the property.
(b) The cost of the materials used, labor or service cost, interest paid, losses, or any other expense.
(c) The cost of transportation of the property prior to its sale to the purchaser.
The total amount of the sale or lease or rental price includes all of the following:
(a) Any services that are a part of the sale.
(b) All receipts, cash, credits, and property of any kind.
(c) Any amount for which credit is allowed by the seller to the purchaser.
Gross receipts do not include any of the following:
(a) Cash discounts allowed and taken on sales.
(b) Sale price of property returned by customers when the full sale price is refunded either in cash or credit; but this exclusion shall not apply in any instance when the customer, in order to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.
(c) The price received for labor or services used in installing or applying the property sold.
(d) The amount of any tax (not including, however, any manufacturers or importers excise tax) imposed by the United States upon or with respect to retail sales whether imposed upon the retailer or the consumer.
For purposes of the sales tax, if the retailers establish to the satisfaction of the tax commission that the sales tax has been added to the total amount of the sale price and has not been absorbed by them, the total amount of the sale price shall be deemed to be the amount received exclusive of the tax imposed.
Sec. 13. Business includes any activity engaged in by any person or caused to be engaged in by him with the object of gain, benefit, or advantage, either direct or indirect.
Sec. 14. Seller includes every person engaged in the business of selling tangible personal property of a kind, the gross receipts from the retail sale of which are required to be included in the measure of the sales tax.
Sec. 15. Retailer includes:
(a) Every seller who makes any retail sale or sales of tangible personal property, and every person engaged in the business of making retail sales at auction of tangible personal property owned by the person or others.
(b) Every person engaged in the business of making sales for storage, use, or other consumption or in the business of making sales at auction of tangible personal property owned by the person or others for storage, use, or other consumption.
(c) Every person making more than two retail sales of tangible personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.
κ1955 Statutes of Nevada, Page 766 (CHAPTER 397, SB 171)κ
personal property during any 12-month period, including sales made in the capacity of assignee for the benefit of creditors, or receiver or trustee in bankruptcy.
When the tax commission determines that it is necessary for the efficient administration of this act to regard any salesman, representatives, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, or employers under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of such dealers, distributors, supervisors, or employers the tax commission may so regard them and may regard the dealers, distributors, supervisors, or employers as retailers for purposes of this act.
A licensed optometrist or physician and surgeon is a consumer of, and shall not be considered a retailer within the provisions of this act, with respect to the ophthalmic materials used or furnished by him in the performance of his professional services in the diagnosis, treatment or correction of conditions of the human eye, including the adaptation of lenses or frames for the aid thereof.
Sec. 16. Tangible personal property means personal property which may be seen, weighed, measured, felt, or touched, or which is in any other manner perceptible to the senses.
Sec. 17. In this state or in the state means within the exterior limits of the State of Nevada and includes all territory within these limits owned by or ceded to the United States of America.
Sec. 18. Tax commission means the Nevada tax commission.
Sec. 18.1. Occasional sale includes:
(a) A sale of property not held or used by a seller in the course of an activity for which he is required to hold a sellers permit, provided such sale is not one of a series of sales sufficient in number, scope and character to constitute an activity requiring the holding of a sellers permit.
(b) Any transfer of all or substantially all the property held or used by a person in the course of such an activity when after such transfer the real or ultimate ownership of such property is substantially similar to that which existed before such transfer. For the purposes of this section, stockholders, bondholders, partners, or other persons holding an interest in a corporation or other entity are regarded as having the real or ultimate ownership of the property of such corporation or other entity.
PART 2-IMPOSITION AND RATE OF THE SALES TAX
Sec. 19. For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers at the rate of 2 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in this state on or after July 1, 1955.
Sec. 20. The tax hereby imposed shall be collected by the retailer from the consumer insofar as it can be done.
Sec. 21. It is unlawful for any retailer to advertise or hold out or state to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer or that it will not be added to the selling price of the property sold or that if added it or any part thereof will be refunded.
κ1955 Statutes of Nevada, Page 767 (CHAPTER 397, SB 171)κ
that it will not be added to the selling price of the property sold or that if added it or any part thereof will be refunded. Any person violating any provisions of this section is guilty of a misdemeanor.
Sec. 22. The tax commission may by regulation provide that the amount collected by the retailer from the consumer in reimbursement of the tax be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sale.
PART 3-PERMITS
Sec. 23. Every person desiring to engage in or conduct business as a seller within this state shall file with the tax commission an application for a permit for each place of business. Every application for a permit shall be made upon a form prescribed by the tax commission and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place or places of business, and such other information as the tax commission may require. The application shall be signed by the owner if he is a natural person; in the case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application, to which shall be attached the written evidence of his authority.
Sec. 24. At the time of making an application, the applicant shall pay to the tax commission a permit fee of $1 for each permit.
Sec. 25. After compliance with sections 23, 24, and 98 by the applicant, the tax commission shall grant and issue to each applicant a separate permit for each place of business within the state. A permit shall not be assignable, and shall be valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued.
Sec. 26. A seller whose permit has been previously suspended or revoked shall pay the tax commission a fee of $1 for the renewal or issuance of a permit.
Sec. 27. Whenever any person fails to comply with any provision of this act relating to the sales tax or any rules or regulation of the tax commission relating to the sales tax prescribed and adopted under this act, the tax commission, upon hearing, after giving the person 10 days notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person. The tax commission shall give to the person written notice of the suspension or revocation of any of his permits. The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. The tax commission shall not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of this act relating to the sales tax and the regulations of the tax commission.
Sec. 28. A person who engages in business as a seller in this state without a permit or permits or after a permit has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.
κ1955 Statutes of Nevada, Page 768 (CHAPTER 397, SB 171)κ
without a permit or permits or after a permit has been suspended, and each officer of any corporation which so engages in business, is guilty of a misdemeanor.
Sec. 29. For the purpose of the proper administration of this act and to prevent evasion of the sales tax it shall be presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale.
Sec. 30. The certificate relieves the seller from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for in part 3 of this act and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
Sec. 31. The certificate shall be signed by and bear the name and address of the purchaser, shall indicate the number of the permit issued to the purchaser, and shall indicate the general character of the tangible personal property sold by the purchaser in the regular course of business. The certificate shall be substantially in such form as the tax commission may prescribe.
Sec. 32. If a purchaser who gives a certificate makes any use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business, the use shall be taxable to the purchaser as of the time the property is first used by him, and the sales price of the property to him shall be deemed the measure of the tax. Only when there is an unsatisfied use tax liability on this basis shall the seller be liable for sales tax with respect to the sale of the property to the purchaser. If the sole use of the property other than retention, demonstration, or display in the regular course of business is the rental of the property while holding it for sale, the purchaser may elect to include in his gross receipts the amount of the rental charged rather than the sales price of the property to him.
Sec. 32.1. Any person who gives a resale certificate for property which he knows at the time of purchase is not to be resold by him in the regular course of business for the purpose of evading payment to the seller of the amount of the tax applicable to the transaction is guilty of a misdemeanor.
Sec. 33. If a purchaser gives a certificate with respect to the purchaser of fungible goods and thereafter commingles these goods with other fungible goods not so purchased but of such similarity that the identity of the constituent goods in the commingled mass cannot be determined, sales from the mass of commingled goods, shall be deemed to be sales of the goods so purchased until a quantity of commingled goods equal to the quantity of purchased goods so commingled has been sold.
κ1955 Statutes of Nevada, Page 769 (CHAPTER 397, SB 171)κ
PART 4-IMPOSITION AND RATE OF THE USE TAX
Sec. 34. An excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer on or after July 1, 1955, for storage, use, or other consumption in this state at the rate of 2 percent of the sales price of the property.
Sec. 35. Every person storing, using, or otherwise consuming in this state tangible personal property purchased from a retailer is liable for the tax. His liability is not extinguished until the tax has been paid to this state except that a receipt from a retailer maintaining a place of business in this state or from a retailer who is authorized by the tax commission, under such rules and regulations as it may prescribe, to collect the tax and who is for the purposes of this act relating to the use tax, regarded as a retailer maintaining a place of business in this state, given to the purchaser pursuant to section 36 is sufficient to relieve the purchaser from further liability for the tax to which the receipt refers.
Sec. 36. Every retailer maintaining a place of business in this state and making sales of tangible personal property for storage, use, or other consumption in this state, not exempted under part 5 of this act, shall, at the time of making the sales or, if the storage, use, or other consumption of the tangible personal property is not then taxable hereunder, at the time the storage, use, or other consumption becomes taxable, collect the tax from the purchaser and give to the purchaser a receipt therefor in the manner and form prescribed by the tax commission.
Sec. 37. The tax required to be collected by the retailer constitutes a debt owed by the retailer to this state.
Sec. 38. It is unlawful for any retailer to advertise or hold out or state to the public or to any customer, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the retailer or that it will not be added to the selling price of the property sold or that if added it or any part thereof will be refunded.
Sec. 39. The tax required to be collected by the retailer from the purchaser shall be displayed separately from the list price, the price advertised in the premises, the marked price, or other price on the sales check or other proof of sales.
Sec. 40. Any person violating sections 36, 38, or 39, is guilty of a misdemeanor.
Sec. 41. Every retailer selling tangible personal property for storage, use, or other consumption in this state shall register with the tax commission and give the name and address of all agents operating in this state, the location of all distribution or sales houses or offices or other places of business in this state, and such other information as the tax commission may require.
Sec. 42. For the purpose of the proper administration of this act and to prevent evasion of the use tax and the duty to collect the use tax, it shall be presumed that tangible personal property sold by any person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established.
κ1955 Statutes of Nevada, Page 770 (CHAPTER 397, SB 171)κ
person for delivery in this state is sold for storage, use, or other consumption in this state until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale.
Sec. 43. The certificate relieves the person selling the property from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for by part 3 of this act and who, at the time of purchasing the tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
Sec. 44. The certificate shall be signed and bear the name and address of the purchaser, shall indicate the number of the permit issued to the purchaser, and shall indicate the general character of the tangible personal property sold by the purchaser in the regular course of business. The certificate shall be substantially in such form as the tax commission may prescribe.
Sec. 45. If a purchaser who gives a certificate makes any storage or use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business, the storage or use is taxable as of the time the property is first so stored or used. If the sole use of the property, other than retention, demonstration, or display in the regular course of business, is the rental of the property while holding it for sale, the purchaser may elect to pay the tax on the use measured by the amount of the rental charged rather than the sales price of the property to him.
Sec. 46. If a purchaser gives a certificate with respect to the purchase of fungible goods and thereafter commingles these goods with other fungible goods not so purchased but of such similarity that the identity of the constituent goods in the commingled mass cannot be determined, sales from the mass of commingled goods shall be deemed to be sales of the goods so purchased until a quantity of commingled goods equal to the quantity of purchased goods so commingled has been sold.
Sec. 47. It shall be further presumed that tangible personal property shipped or brought to this state by the purchaser after the effective date hereof was purchased from a retailer on or after July 1, 1955, for storage, use, or other consumption in this state.
Sec. 47.1. On and after the effective date of this act, it shall be further presumed that tangible personal property delivered outside this state to a purchaser known by the retailer to be a resident of this state was purchased from a retailer for storage, use or other consumption in this state and stored, used or otherwise consumed in this state. This presumption may be controverted by a statement in writing, signed by the purchaser or his authorized representative, and retained by the vendor, that the property was purchased for use at a designated point or points outside this state. This presumption may also be controverted by other evidence satisfactory to the tax commission that the property was not purchased for storage, use or other consumption in this state.
κ1955 Statutes of Nevada, Page 771 (CHAPTER 397, SB 171)κ
be controverted by other evidence satisfactory to the tax commission that the property was not purchased for storage, use or other consumption in this state.
PART 5-EXEMPTIONS
Sec. 48. Exempted from the taxes imposed by this act, as used in part 5, means, exempted from the computation of the amount of taxes imposed.
Sec. 49. There are exempted from the taxes imposed by this act the gross receipts from the sale of and the storage, use, or other consumption in this state of tangible personal property the gross receipts from the sale of which, or the storage, use, or other consumption of which, this state is prohibited from taxing under the constitution or laws of the United States or under the constitution of this state.
Sec. 50. There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of any tangible personal property to:
(a) The United States, its unincorporated agencies and instrumentalities.
(b) Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States.
(c) The State of Nevada, its unincorporated agencies and instrumentalities.
(d) Any county, city, district, or other political subdivision of this state.
(e) Any organization created for religious, charitable or eleemosynary purposes, provided that no part of the net earnings of any such organization inures to the benefit of any private shareholder or individual.
Sec. 51. Notwithstanding any other provision of law the tax imposed under this act shall apply to the gross receipts from the sale of any tangible personal property to contractors purchasing such property either as the agents of the United States or for their own account and subsequent resale to the United States for use in the performance of contracts with the United States for the construction of improvements on or to real property, not including, however, contractors qualified to issue and who do issue resale certificates to vendors for tangible personal property for subsequent incorporation into real property outside this state in the performance of a contract to improve the out-of-state realty.
Sec. 52. There are exempted from the taxes imposed by this act the gross receipts from the sale of, and the storage, use, or other consumption in this state of, the proceeds of mines which are subject to taxes levied pursuant to chapter 77, Statutes of Nevada 1927.
Sec. 55. There are exempted from the taxes imposed by this act the gross receipts from the sale and distribution of, and the storage, use or other consumption in this state of, any combustible gas, liquid, or material of a kind used in an internal or combustion or diesel engine for the generation of power to propel a motor vehicle on the highways.
κ1955 Statutes of Nevada, Page 772 (CHAPTER 397, SB 171)κ
Sec. 56. There are exempted from the taxes imposed by this act the gross receipts from the sales of and the storage, use, or other consumption of:
(a) Any form of animal life of a kind the products of which ordinarily constitute food for human consumption.
(b) Feed for any form of animal life of a kind the products of which ordinarily constitute food for human consumption, or are to be sold in the regular course of business.
(c) Seeds and annual plants the products of which ordinarily constitute food for human consumption or are to be sold in the regular course of business.
(d) Fertilizer to be applied to land the products of which are to be used as food for human consumption or sold in the regular course of business.
Sec. 57. There are exempted from the taxes imposed by this act the gross receipts from the sale of, and the storage, use, or other consumption in this state of, meals and food products for human consumption served by public or private schools, school districts, student organizations, and parent-teacher associations, to the students or teachers of a school.
Sec. 58. There are exempted from the taxes imposed by this act, the gross receipts from sales of and the storage, use, or other consumption in this state of:
(a) Nonreturnable containers when sold without the contents to persons who place the contents in the container and sell the contents together with the container.
(b) Containers when sold with the contents if the sales price of the contents is not required to be included in the measure of the taxes imposed by this act.
(c) Returnable containers when sold with the contents in connection with a retail sale of the contents or when resold for refilling.
As used herein the term returnable containers means containers of a kind customarily returned by the buyer of the contents for reuse. All other containers are nonreturnable containers.
Sec. 59. There are exempted from the taxes imposed by this act the gross receipts from the sales, furnishing, or service of and the storage, use, or other consumption in this state of gas, electricity, and water when delivered to consumers through mains, lines, or pipes.
Sec. 59.1. There are exempted from the taxes imposed by this act the gross receipts from the sales, furnishing, or service of, and the storage, use or other consumption in this state of, any matter used to produce domestic heat by burning, including, without limitation, wood, coal, petroleum and gas.
Sec. 60. There are exempted from the taxes imposed by this act the gross receipts from the sale and the storage, use, or other consumption in this state of tangible personal property used for the performance of a contract on public works executed prior to July 1, 1955.
Sec. 60.1. There are exempted from the taxes imposed by this act the gross receipts from the sale of, and the storage, use or other consumption in this state of, tangible personal property used for the performance of a written contract entered into prior to the passage and approval of this act.
κ1955 Statutes of Nevada, Page 773 (CHAPTER 397, SB 171)κ
the gross receipts from the sale of, and the storage, use or other consumption in this state of, tangible personal property used for the performance of a written contract entered into prior to the passage and approval of this act.
Sec. 61. There are exempted from the taxes imposed by this act the gross receipts from the sale of and the storage, use, or other consumption in this state of tangible personal property which becomes an ingredient or component part of any newspaper or periodical regularly issued at average intervals not exceeding three months and any such newspaper or periodical.
Sec. 63. There are exempted from the taxes imposed by this act the gross receipts from occasional sales of tangible personal property and the storage, use, or other consumption in this state of tangible personal property, the transfer of which to the purchaser is an occasional sale.
Sec. 65. There are exempted from the computation of the amount of the sales tax the gross receipts from sales of tangible personal property to a common carrier, shipped by the seller via the purchasing carrier under a bill of lading whether the freight is paid in advance, or the shipment is made freight charges collect, to a point outside this state and the property is actually transported to the out-of-state destination for use by the carrier in the conduct of its business as a common carrier.
Sec. 66. There are exempted from the computation of the amount of the sales tax the gross receipts from any sale of tangible personal property which is shipped to a point outside this state pursuant to the contract of sale by delivery by the vendor to such point by means of (a) facilities operated by the vendor, (b) delivery by the vendor to a carrier for shipment to a consignee at such point, or (c) delivery by the vendor to a customs broker or forwarding agent for shipment outside this state.
Sec. 67. The storage, use, or other consumption in this state of property, the gross receipts from the sale of which are required to be included in the measure of the sales tax, is exempted from the use tax.
Sec. 67.1. If a purchaser certifies in writing to a seller that the property purchased will be used in a manner or for a purpose entitling the seller to regard the gross receipts from the sale as exempted by this act from the computation of the amount of the sales tax, and uses the property in some other manner or for some other purpose, the purchaser shall be liable for payment of sales tax as if he were a retailer making a retail sale of the property at the time of such use, and the cost of the property to him shall be deemed the gross receipts from such retail sale.
PART 6-RETURNS AND PAYMENTS
Sec. 68. The taxes imposed by this act are due and payable to the tax commission quarterly on or before the last day of the month next succeeding each quarterly period.
κ1955 Statutes of Nevada, Page 774 (CHAPTER 397, SB 171)κ
Sec. 69. On or before the last day of the month following each quarterly period of three months, a return for the preceding quarterly period shall be filed with the tax commission in such form as the tax commission may prescribe.
For purposes of the sales tax a return shall be filed by every seller. For purposes of the use tax a return shall be filed by every retailer maintaining a place of business in the state and by every person purchasing tangible personal property, the storage, use, or other consumption of which is subject to the use tax, who has not paid the use tax due to a retailer required to collect the tax. Returns shall be signed by the person required to file the return or by his duly authorized agent but need not be verified by oath.
Sec. 70. For the purposes of the sales tax, the return shall show the gross receipts of the seller during the preceding reporting period. For purposes of the use tax, in case of a return filed by a retailer, the return shall show the total sales price of the property sold by him, the storage, use, or consumption of which property became subject to the use tax during the preceding reporting period; in case of a return filed by a purchaser, the return shall show the total sales price of the property purchased by him, the storage, use, or consumption of which became subject to the use tax during the preceding reporting period.
The return shall also show the amount of the taxes for the period covered by the return and such other information as the tax commission deems necessary for the proper administration of this act.
Sec. 70.1. The taxpayer shall deduct and withhold from the taxes otherwise due from him 2 percent thereof to reimburse himself for the cost of collecting the tax.
Sec. 71. The person required to file the return shall deliver the return together with a remittance of the amount of the tax due to the office of the tax commission.
Sec. 72. The tax commission, if it deems it necessary in order to insure payment to or facilitate the collection by the state of the amount of taxes, may require returns and payment of the amount of taxes for quarterly periods other than calendar quarters depending upon the principal place of business of the seller, retailer or purchaser as the case may be, or for other than quarterly periods.
Sec. 73. For the purposes of the sales tax gross receipts from rentals or leases of tangible personal property shall be reported and the tax paid in accordance with such rules and regulations as the tax commission may prescribe.
Sec. 74. The tax commission, if it deems it necessary to insure the collection of the taxes, may provide by rule and regulation for the collection of the taxes by the affixing and canceling of revenue stamps and may prescribe the form and method of the affixing and canceling.
Sec. 75. The tax commission for good cause may extend for not to exceed one month the time for making any return or paying any amount required to be paid under this act.
Any person to whom an extension is granted and who pays the tax within the period for which the extension is granted shall pay, in addition to the tax, interest at the rate of 6 percent per annum from the date on which the tax would have been due without the extension, until the date of payment.
κ1955 Statutes of Nevada, Page 775 (CHAPTER 397, SB 171)κ
within the period for which the extension is granted shall pay, in addition to the tax, interest at the rate of 6 percent per annum from the date on which the tax would have been due without the extension, until the date of payment.
PART 7-DEFICIENCY DETERMINATIONS
Sec. 76. If the tax commission is not satisfied with the return or returns of the tax or the amount of tax required to be paid to the state by any person, it may compute and determine the amount required to be paid upon the basis of the facts contained in the return or returns or upon the basis of any information within its possession or that may come into its possession. One or more deficiency determinations may be made of the amount due for one or for more than one period. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in section 82 as to liability arising out of that business, irrespective of whether the determination is issued prior to the due date of the liability as otherwise specified in this act.
Sec. 77. The amount of the determination, exclusive of penalties, shall bear interest at the rate of one-half of 1 percent per month, or fraction thereof, from the last day of the month following the quarterly period for which the amount or any portion thereof should have been returned until the date of payment.
Sec. 78. In making a determination the tax commission may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on the underpayments. The interest on underpayments and overpayments shall be computed in the manner set forth in sections 97 and 128.
Sec.79. If any part of the deficiency for which a deficiency determination is made is due to negligence or intentional disregard of this act or authorized rules and regulations, a penalty of 10 percent of the amount of the determination shall be added thereto.
Sec. 80. If any part of the deficiency for which a deficiency determination is made is due to fraud or an intent to evade this act or authorized rules and regulations, a penalty of 25 percent of the amount of the determination shall be added thereto.
Sec. 81. The tax commission shall give to the retailer or person storing, using, or consuming tangible personal property written notice of its determination. The notice may be served personally or by mail; if by mail, the notice shall be addressed to the retailer or person storing, using, or consuming tangible personal property at his address as it appears in the records of the tax commission. In case of service by mail of any notice required by this act, the service is complete at the time of deposit in the United States post office.
Sec. 82. Except in the case of fraud, intent to evade this act, or authorized rules and regulations issued thereunder, failure to make a return, or claim for additional amount pursuant to section 93 of this act, every notice of a deficiency determination shall be personally served or mailed within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later.
κ1955 Statutes of Nevada, Page 776 (CHAPTER 397, SB 171)κ
act, every notice of a deficiency determination shall be personally served or mailed within three years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined or within three years after the return is filed, whichever period expires the later. In the case of failure to make a return or claim for additional amount pursuant to section 93, every notice of determination shall be mailed or personally served within 8 years after the last day of the calendar month following the quarterly period for which the amount is proposed to be determined.
The limitation specified in this section does not apply in case of a sales tax proposed to be determined with respect to sales of property for the storage, use, or other consumption of which notice of a deficiency determination has been or is given pursuant to sections 81, 87, and 89, and to the first paragraph of this section. The limitation specified in this section does not apply in case of an amount of use tax proposed to be determined with respect to storage, use, or other consumption of property for the sale of which notice of a deficiency determination has been or is given pursuant to sections 81, 87, 89, and to the first paragraph of this section.
If, before the expiration of the time prescribed in this section for the mailing of a notice of deficiency determination, the taxpayer has consented in writing to the mailing of the notice after such time, the notice may be mailed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.
Sec. 83. If any person fails to make a return, the tax commission shall make an estimate of the amount of the gross receipts of the person, or, as the case may be, of the amount of the total sales price of tangible personal property sold or purchased by the person, the storage, use, or other consumption of which in this state is subject to the use tax. The estimate shall be made for the period or periods in respect to which the person failed to make a return and shall be based upon any information which is in the tax commissions possession or may come into its possession. Upon the basis of this estimate, the tax commission shall compute and determine the amount required to be paid to the state, adding to the sum thus arrived at a penalty equal to 10 percent thereof. One or more determinations may be made for one or for more than one period. When a business is discontinued, a determination may be made at any time thereafter within the periods specified in section 82 as to liability arising out of that business, irrespective of whether the determination is issued prior to the due date of the liability as otherwise specified in this act.
Sec. 84. In making a determination, the tax commission may offset overpayments for a period or periods, together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on the underpayments. The interest on underpayments and overpayments shall be computed in the manner set forth in sections 97 and 128.
Sec. 85. The amount of the determination, exclusive of penalties, shall bear interest at the rate of one-half of 1 percent per month, or fraction thereof, from the last day of the month following the quarterly period for which the amount, or any portion thereof, should have been returned until the date of payment.
κ1955 Statutes of Nevada, Page 777 (CHAPTER 397, SB 171)κ
shall bear interest at the rate of one-half of 1 percent per month, or fraction thereof, from the last day of the month following the quarterly period for which the amount, or any portion thereof, should have been returned until the date of payment.
Sec. 86. If the failure of any person to file a return is due to fraud or intent to evade this act or rules and regulations, a penalty of 25 percent of the amount required to be paid by the person, exclusive of penalties, shall be added thereto in addition to the 10 percent penalty provided in section 83.
Sec. 87. Promptly after making its determination the tax commission shall give to the person written notice of the estimate, determination, and penalty, the notice to be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
PART 8-JEOPARDY DETERMINATIONS
Sec. 88. If the tax commission believes that the collection of any tax or any amount of tax required to be collected and paid to the state or of any determination will be jeopardized by delay, it shall thereupon make a determination of the tax or amount of tax required to be collected, noting that fact upon the determination. The amount determined is immediately due and payable.
Sec. 89. If the amount specified in the determination is not paid within 10 days after service of notice thereof upon the person against whom the determination is made, the amount becomes final at the expiration of the 10 days, unless a petition for redetermination is filed within the 10 days, and the delinquency penalty and the interest provided in section 97 shall attach to the amount of the tax or the amount of the tax required to be collected.
Sec. 90. The person against whom a jeopardy determination is made may petition for the redetermination thereof pursuant to part 9 of this act. He shall, however, file the petition for redetermination with the tax commission within 10 days after the service upon him of notice of determination. The person shall also within the 10-day period deposit with the tax commission such security as it may deem necessary to insure compliance with this act. The security may be sold by the commission in the manner prescribed by section 98.
PART 9-REDETERMINATION
Sec. 91. Any person against whom a determination is made, under part 7 of this act, or any person directly interested, may petition for a redetermination within 30 days after service upon the person of notice thereof. If a petition for redetermination is not filed within the 30-day period, the determination becomes final at the expiration of the period.
Sec. 92. If a petition for redetermination is filed within the 30-day period, the tax commission shall reconsider the determination and, if the person has so requested in his petition, shall grant the person an oral hearing and shall give him 10 days notice of the time and place of the hearing. The tax commission may continue the hearing from time to time as may be necessary.
κ1955 Statutes of Nevada, Page 778 (CHAPTER 397, SB 171)κ
Sec. 93. The tax commission may decrease or increase the amount of the determination before it becomes final, but the amount may be increased only if a claim for the increase is asserted by the tax commission at or before the hearing.
Sec. 94. The order or decision of the tax commission upon a petition for redetermination becomes final 30 days after service upon the petitioner of notice thereof.
Sec. 95. All determinations made by the tax commission under part 7 of this act, are due and payable at the time they become final. If they are not paid when due and payable, a penalty of 10 percent of the amount of the determination, exclusive of interest and penalties, shall be added thereto.
Sec. 96. Any notice required by part 9 shall be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
Sec. 97. Any person who fails to pay any tax to the state or any amount of tax required to be collected and paid to the state, except amounts of determinations made by the tax commission under part 7 of this act, within the time required shall pay a penalty of 10 percent of the tax or amount of the tax, in addition to the tax or amount of tax, plus interest at the rate of one-half of 1 percent per month, or fraction thereof, from the date on which the tax or the amount of tax required to be collected became due and payable to the state until the date of payment.
PART 10-SECURITY FOR THE TAX
Sec. 98. The commission, whenever it deems it necessary to insure compliance with part 10, may require any person subject thereto to place with it such security as the commission may determine, the amount of the security shall be fixed by the commission but, except as noted below, shall not be greater than twice the estimated average liability of persons filing returns for quarterly periods or three times the estimated average liability of persons required to file returns for monthly periods, determined in such manner as the commission deems proper, or $10,000, whichever amount is the lesser. In case of persons habitually delinquent in their obligations under this part, the amount of the security shall not be greater than three times the average liability of persons filing returns for quarterly periods or five times the average liability of persons required to file returns for monthly periods, or $10,000, whichever amount is the lesser. The limitations herein provided apply regardless of the type of security placed with the commission. The amount of the security may be increased or decreased by the commission subject to the limitations herein provided. The commission may sell the security at public auction it if becomes necessary so to do in order to recover any tax or any amount required to be collected, interest, or penalty due. Notice of the sale may be served upon the person who placed the security personally or by mail; if by mail, service shall be made in the manner prescribed for service of a notice of a deficiency determination and shall be addressed to the person at his address as it appears in the records of the commission. Security in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may, however, be sold by the commission at a private sale at a price not lower than the prevailing market price thereof.
κ1955 Statutes of Nevada, Page 779 (CHAPTER 397, SB 171)κ
in the form of a bearer bond issued by the United States or the State of Nevada which has a prevailing market price may, however, be sold by the commission at a private sale at a price not lower than the prevailing market price thereof. Upon any sale any surplus above the amounts due shall be returned to the person who placed the security.
Sec. 99. If any person is delinquent in the payment of the amount required to be paid by him or in the event a determination has been made against him which remains unpaid, the tax commission may, not later than three years after the payment became delinquent, or within three years after the last recording of an abstract under section 107, or of a certificate under section 110, give notice thereof personally or by registered mail to all persons, including any officer or department of the state or any political subdivision or agency of the state, having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent, or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or such person. In the case of any state officer, department or agency, the notice shall be given to such officer, department or agency prior to the time it presents the claim of the delinquent taxpayer to the state controller. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property, or debts in their possession or under their control at the time they received the notice until the tax commission consents to a transfer or disposition, or until 60 days elapse after the receipt of the notice whichever period expires the earlier. All persons so notified shall, within ten days after receipt of the notice, advise the tax commission of all such credits, other personal property, or debts in their possession, under their control, or owing by them. If such notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of a bank, the notice to be effective shall be delivered or mailed to the branch or office of such bank at which such deposit is carried or at which such credits or personal property is held. If, during the effective period of the notice to withhold, any person so notified makes any transfer or disposition of the property or debts required to be withheld hereunder, to the extent of the value of the property or the amount of the debts thus transferred or paid, he shall be liable to the state for any indebtedness due under this part from the person with respect to whose obligation the notice was given if solely by reason of such transfer or disposition the state is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
PART 11-SUIT FOR THE TAX
Sec. 100. At any time within three years after any tax or any amount of tax required to be collected becomes due and payable, and at any time within three years after the delinquency of any tax or any amount of tax required to be collected, or within three years after the last recording of an abstract under section 107, or of a certificate under section 110, the tax commission may bring an action in the courts of this state, or any other state, or of the United States, in the name of the people of the State of Nevada, to collect the amount delinquent together with penalties and interest.
κ1955 Statutes of Nevada, Page 780 (CHAPTER 397, SB 171)κ
courts of this state, or any other state, or of the United States, in the name of the people of the State of Nevada, to collect the amount delinquent together with penalties and interest.
Sec. 101. The attorney general shall prosecute the action, and the provisions of the civil practice act and the Nevada Rules of Civil Procedure relating to service of summons, pleadings, proofs, trials, and appeals are applicable to the proceedings.
Sec. 102. In the action a writ of attachment may issue, and no bond or affidavit previous to the issuing of the attachment is required.
Sec. 103. In the action a certificate by the tax commission showing the delinquency shall be prima facie evidence of the determination of the tax or the amount of the tax, of the delinquency of the amounts set forth, and of the compliance by the tax commission with all the provisions of this act in relation to the computation and determination of the amounts.
Sec. 104. In any action relating to the use tax brought under this act, process may be served according to the Nevada Rules of Civil Procedure or may be served upon any agent or clerk in this state employed by any retailer in a place of business maintained by the retailer in this state. In the latter case a copy of the process shall forthwith be sent by registered mail to the retailer at his principal or home office.
PART 12-JUDGMENT FOR THE TAX
Sec. 105. If any amount required to be paid to the state under this act is not paid when due, the tax commission may, within three years after the amount is due, file in the office of the county clerk of any county a certificate specifying the amount required to be paid, interest and penalty due, the name and address as it appears on the records of the tax commission of the person liable, the compliance of the tax commission with this act in relation to the determination of the amount required to be paid, and a request that judgment be entered against the person in the amount required to be paid, together with interest and penalty as set forth in the certificate.
Sec. 106. The county clerk immediately upon the filing of the certificate shall enter a judgment for the people of the State of Nevada against the person in the amount required to be paid, together with interest and penalty as set forth in this certificate.
Sec. 107. An abstract of the judgment or a copy may be filed for record with the county recorder of any county. From the time of the filing, the amount required to be paid, together with interest and penalty set forth, constitutes a lien upon all the real property in the county owned by the person liable or afterwards and before the lien expires, acquired by him. The lien has the force, effect, and priority of a judgment lien and shall continue for five years from the date of the judgment so entered by the county clerk unless sooner released or otherwise discharged. The lien may, within five years from the date of the judgment or within five years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record in the office of the county recorder of any county, an abstract or copy of the judgment, and from the time of such filing, the lien shall be extended to the real property in such county for five years, unless sooner released or otherwise discharged.
κ1955 Statutes of Nevada, Page 781 (CHAPTER 397, SB 171)κ
or copy of the judgment, and from the time of such filing, the lien shall be extended to the real property in such county for five years, unless sooner released or otherwise discharged.
Sec. 108. Execution shall issue upon the judgment upon request of the tax commission in the same manner as execution may issue upon other judgments, and sales shall be held under such execution as prescribed in the civil practice act.
PART 13-PRIORITY AND LIEN OF THE TAX
Sec. 109. The amounts required to be paid by any person under this act together with interest and penalties shall be satisfied first in any of the following cases:
(a) Whenever the person is insolvent.
(b) Whenever the person makes a voluntary assignment of his assets.
(c) Whenever the estate of the person in the hands of executors, administrators, or heirs is insufficient to pay all the debts due from the deceased.
(d) Whenever the estate and effects of an absconding, concealed, or absent person required to pay any amount under this act are levied upon by process of law.
This section does not give the state a preference over any recorded lien which attached prior to the date when the amounts required to be paid became a lien; or preference over costs of administration, funeral expenses, expenses of last illness, family allowances, debts preferred by the laws of the United States or wages as provided in section 9889.223, 1929 N.C.L. 1941 Supp.
Sec. 110. If any amount required to be paid to the state under this act is not paid when due, the tax commission may, within three years after the amount is due, file for record in the office of any county recorder a certificate specifying the amount, interest, and penalty due, the name and address as it appears on the records of the tax commission of the person liable for the same, and the fact that the tax commission has complied with all provisions of this act in the determination of the amount required to be paid. From the time of the filing for record, the amount required to be paid, together with interest and penalty, constitutes a lien upon all real property in the county owned by the person or afterwards and before the lien expires acquired by him. The lien has the force, effect, and priority of a judgment lien and shall continue for five years from the time of the filing of the certificate unless sooner released or otherwise discharged. The lien may, within five years from the date of the filing of the certificate or within five years from the date of the last extension of the lien in the manner herein provided, be extended by filing for record a new certificate in the office of the county recorder of any county, and from the time of such filing, the lien shall be extended to the real property in such county for five years unless sooner released or otherwise discharged.
Sec. 111. The tax commission may at any time release all or any portion of the property subject to any lien provided for in this act from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount, interest, and penalties are sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest, and penalties.
κ1955 Statutes of Nevada, Page 782 (CHAPTER 397, SB 171)κ
from the lien or subordinate the lien to other liens and encumbrances if it determines that the amount, interest, and penalties are sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the collection of the amount, interest, and penalties.
Sec. 112. A certificate by the tax commission to the effect that any property has been released from the lien, or that the lien has been subordinated to other liens and encumbrances, shall be conclusive evidence that the property has been released, or that the lien has been subordinated as provided in the certificate.
PART 14-WARRANT FOR COLLECTION OF THE TAX
Sec. 113. At any time within three years after any person is delinquent in the payment of any amount herein required to be paid, or within three years after the last recording of an abstract under section 107, or of a certificate under section 110, the tax commission or its authorized representative may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the state under this act. The warrant shall be directed to any sheriff or constable and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.
Sec. 114. The tax commission may pay or advance to the sheriff or constable the same fees, commissions, and expenses for his services as are provided by law for similar services pursuant to a writ of execution. The commission, and not the court, shall approve the fees for publication in a newspaper.
Sec. 115. The fees, commissions, and expenses are the obligation of the person required to pay any amount under this act and may be collected from him by virtue of the warrant or in any other manner provided in this act for the collection of the tax.
PART 15-SEIZURE AND SALE
Sec. 116. At any time within three years after any person is delinquent in the payment of any amount, the tax commission may forthwith collect the amount in the following manner: The tax commission shall seize any property, real or personal, of the person and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale.
Any seizure made to collect a sales tax due shall be only of the property of the retailer not exempt from execution under the provisions of the civil practice act.
Sec. 117. Notice of the sale and the time and place thereof shall be given to the delinquent person in writing at least 10 days before the date set for the sale in the following manner: The notice shall be enclosed in an envelope addressed to the person, in case of a sale for use taxes due, at his last-known address or place of business, and, in case of a sale for sales taxes due, at his last-known residence or place of business in this state.
κ1955 Statutes of Nevada, Page 783 (CHAPTER 397, SB 171)κ
in case of a sale for sales taxes due, at his last-known residence or place of business in this state. It shall be deposited in the United States mail, postage prepaid. The notice shall also be published for at least 10 days before the date set for the sale in a newspaper of general circulation published in the county in which the property seized is to be sold. If there is no newspaper of general circulation in the county, notice shall be posted in three public places in the county 10 days prior to the date set for the sale. The notice shall contain a description of the property to be sold, a statement of the amount due, including interest, penalties, and costs, the name of the delinquent, and the further statement that unless the amount due, interest, penalties, and costs are paid on or before the time fixed in the notice for the sale, the property, or so much of it as may be necessary, will be sold in accordance with law and the notice.
Sec. 118. At the sale the tax commission shall sell the property in accordance with law and the notice and shall deliver to the purchaser a bill of sale for the personal property and a deed for any real property sold. The bill of sale or deed vests the interest or title of the person liable for the amount in the purchaser. The unsold portion of any property seized may be left at the place of sale at the risk of the person liable for the amount.
Sec. 119. If, upon the sale, the moneys received exceed the total of all amounts, including interest, penalties, and costs due the state, the tax commission shall return the excess to the person liable for the amounts and obtain his receipt. If any person having an interest in or lien upon the property files with the tax commission, prior to the sale, notice of his interest or lien, the tax commission shall withhold any excess, pending a determination of the rights of the respective parties thereto by a court of competent jurisdiction. If for any reason the receipt of the person liable for the amount is not available, the tax commission shall deposit the excess moneys with the state treasurer, as trustee for the owner, subject to the order of the person liable for the amount, his heirs, successors, or assigns.
Sec. 120. If any retailer liable for any amount under this act sells out his business or stock of goods, or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the tax commission showing that it has been paid or a certificate stating that no amount is due.
Sec. 121. If the purchaser of a business or stock of goods fails to withhold purchase price as required, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days from the date the former owners records are made available for audit, whichever period expires the later, but in any event not later than 90 days after receiving the request, the tax commission shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the tax commission, of the amount that must be paid as a condition of issuing the certificate.
κ1955 Statutes of Nevada, Page 784 (CHAPTER 397, SB 171)κ
the certificate. Failure of the tax commission to mail the notice will release the purchaser from any further obligation to withhold purchase price as above provided. The time within which the obligation of a successor may be enforced shall start to run at the time the retailer sells out his business or stock of goods or at the time that the determination against the retailer becomes final, whichever event occurs the later.
PART 16-OVERPAYMENTS AND REFUNDS
Sec. 122. If the tax commission determines that any amount, penalty, or interest has been paid more than once or has been erroneously or illegally collected or computed, the tax commission shall set forth that fact in the records of the commission and shall certify to the state board of examiners the amount collected in excess of the amount legally due and the person from whom it was collected or by whom paid. If approved by the state board of examiners, the excess amount collected or paid shall be credited on any amounts then due and payable from the person under this act, and the balance shall be refunded to the person, or his successors, administrators, or executors.
Any overpayment of the use tax by a purchaser to a retailer who is required to collect the tax and who gives the purchaser a receipt therefor pursuant to part 4 of this act shall be credited or refunded by the state to the purchaser.
Sec. 123. No refund shall be allowed unless a claim therefor is filed with the tax commission within three years from the last day of the month following the close of the quarterly period for which the overpayment was made, or, with respect to determinations made under part 7 of this act, within six months after the determinations become final, or within 6 months from the date of overpayment, whichever period expires the later. No credit shall be allowed after the expiration of the period specified for filing claims for refund unless a claim for credit is filed with the tax commission within such period, or unless the credit relates to a period for which a waiver is given pursuant to section 82.
Sec. 124. No credit or refund of any amount paid pursuant to part 4 of this act shall be allowed on the ground that the storage, use, or other consumption of the property is exempted under section 67, unless the person who paid the amount reimburses his vendor for the amount of the sales tax imposed upon his vendor with respect to the sale of the property and paid by the vendor to the state.
Sec. 125. Every claim shall be in writing and shall state the specific grounds upon which the claim is founded.
Sec. 126. Failure to file a claim within the time prescribed in section 123 constitutes a waiver of any demand against the state on account of overpayment.
Sec. 127. Within 30 days after disallowing any claim in whole or in part, the tax commission shall serve notice of its action on the claimant in the manner prescribed for service of notice of a deficiency determination.
κ1955 Statutes of Nevada, Page 785 (CHAPTER 397, SB 171)κ
Sec. 128. Interest shall be paid upon any overpayment of any amount of tax at the rate of one-half of 1 percent per month from the last day of the calendar month following the quarterly period for which overpayment was made; but no refund or credit shall be made of any interest imposed upon the person making the overpayment with respect to the amount being refunded or credited.
The interest shall be paid as follows:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if he has not already filed a claim, is notified by the commission that a claim may be filed or the date upon which the claim is certified to the state board of examiners, whichever date is the earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or amount against which the credit is applied.
Sec. 129. If the tax commission determines that any overpayment has been made intentionally or by reason of carelessness, it shall not allow any interest thereon.
Sec. 130. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this state or against any officer of the state to prevent or enjoin the collection under this act of any tax or any amount of tax required to be collected.
Sec. 131. No suit or proceeding shall be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been duly filed.
Sec. 132. Within 90 days after the mailing of the notice of the tax commissions action upon a claim filed pursuant to this act, the claimant may bring an action against the tax commission on the grounds set forth in the claim in a court of competent jurisdiction in the county of Ormsby for the recovery of the whole or any part of the amount with respect to which the claim has been disallowed.
Failure to bring action within the time specified constitutes a waiver of any demand against the state on account of alleged overpayments.
Sec. 133. If the tax commission fails to mail notice of action on a claim within six months after the claim is filed, the claimant may, prior to the mailing of notice by the tax commission of its action on the claim, consider the claim disallowed and bring an action against the tax commission on the grounds set forth in the claim for the recovery of the whole or any part of the amount claimed as an overpayment.
Sec. 134. If judgment is rendered for the plaintiff, the amount of the judgment shall first be credited as follows:
(a) If the judgment is for a refund of sales taxes, it shall be credited on any sales or use tax or amount of use tax due from the plaintiff.
(b) If the judgment is for a refund of use taxes, it shall be credited on any use tax or amount of use tax due from the plaintiff under part 4 of this act.
The balance of the judgment shall be refunded to the plaintiff.
Sec. 135. In any judgment, interest shall be allowed at the rate of 6 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the tax commission.
κ1955 Statutes of Nevada, Page 786 (CHAPTER 397, SB 171)κ
6 percent per annum upon the amount found to have been illegally collected from the date of payment of the amount to the date of allowance of credit on account of the judgment, or to a date preceding the date of the refund warrant by not more than 30 days, the date to be determined by the tax commission.
Sec. 136. A judgment shall not be rendered in favor of the plaintiff in any action brought against the tax commission to recover any amount paid when the action is brought by or in the name of an assignee of the person paying the amount or by any person other than the person who paid the amount.
Sec. 137. The tax commission may recover any refund or part thereof which is erroneously made and any credit or part thereof which is erroneously allowed in an action brought in a court of competent jurisdiction in the county of Ormsby in the name of the State of Nevada.
Sec. 138. The action shall be tried in the county of Ormsby unless the court with the consent of the attorney general orders a change of place of trial.
Sec. 139. The attorney general shall prosecute the action, and the provisions of the civil practice act and the Nevada Rules of Civil Procedure relating to service of summons, pleadings, proofs, trials, and appeals are applicable to the proceedings.
Sec. 140. If any amount in excess of $25 has been illegally determined, either by the person filing the return or by the tax commission, the tax commission shall certify this fact to the state board of examiners, and the latter shall authorize the cancellation of the amount upon the records of the tax commission. If an amount not exceeding $25 has been illegally determined, either by the person filing a return or by the commission, the commission, without certifying this fact to the state board of examiners, shall authorize the cancellation of the amount upon the records of the commission.
PART 17-ADMINISTRATION
Sec. 141. The tax commission shall enforce the provisions of this act and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this act. The tax commission may prescribe the extent to which any ruling or regulation shall be applied without retroactive effect.
Sec. 142. The tax commission may employ accountants, auditors, investigators, assistants, and clerks necessary for the efficient administration of this act, and may delegate authority to its representatives to conduct hearings, prescribe regulations, or perform any other duties imposed by this act.
Sec. 143. Every seller, every retailer, and every person storing, using, or otherwise consuming in this state tangible personal property purchased from a retailer shall keep such records, receipts, invoices, and other pertinent papers in such form as the tax commission may require. Every such seller, retailer or person who files the returns required under this act shall keep such records for not less than 4 years from the making of such records unless the tax commission in writing sooner authorizes their destruction.
κ1955 Statutes of Nevada, Page 787 (CHAPTER 397, SB 171)κ
writing sooner authorizes their destruction. Every such seller, retailer or person who fails to file the returns required under this act shall keep such records for not less than 8 years from the making of such records unless the commission in writing sooner authorizes their destruction.
Sec. 144. The tax commission, or any person authorized in writing by it, may examine the books, papers, records, and equipment of any person selling tangible personal property and any person liable for the use tax and may investigate the character of the business of the person in order to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid.
Sec. 145. In administration of the use tax, the tax commission may require the filing of reports by any person or class of persons having in his or their possession or custody information relating to sales of tangible personal property the storage, use, or other consumption of which is subject to the tax. The reports shall be filed when the tax commission requires and shall set forth the names and addresses of purchasers of the tangible personal property, the sales price of the property, the date of sale, and such other information as the tax commission may require.
Sec. 146. It shall be a misdemeanor for any member or official or employee of the tax commission to make known in any manner whatever, the business affairs, operations, or information obtained by an investigation of records, and equipment of any retailer or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof, or any book containing any abstract or particulars thereof to be seen or examined by any person not connected with the tax commission. However, the governor may, by general or special order, authorize examination of the records maintained by the commission under this act by other state officers, by tax officers of another state, by the federal government, if a reciprocal arrangement exists, or by any other person. The information so obtained pursuant to the order of the governor shall not be made public except to the extent and in the manner that the order may authorize that it be made public. Successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, may be given information as to the items included in the measure and amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties.
PART 18-PENALTIES
Sec. 147. Any retailer or other person who fails or refuses to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax commission, or who renders a false or fraudulent return, shall be guilty of a misdemeanor and subject to a fine of not exceeding $500 for each offense.
Sec. 148. Any person required to make, render, sign, or verify any report who makes any false or fraudulent return, with intent to defeat or evade the determination of an amount due required by law to be made shall for each offense be fined not less than $300, and not more than $5,000, or be imprisoned for not exceeding one year in the county jail, or be subject to both the fine and imprisonment at the discretion of the court.
κ1955 Statutes of Nevada, Page 788 (CHAPTER 397, SB 171)κ
made shall for each offense be fined not less than $300, and not more than $5,000, or be imprisoned for not exceeding one year in the county jail, or be subject to both the fine and imprisonment at the discretion of the court.
Sec. 149. Any other violation of this act is a misdemeanor.
Sec. 149.1. Any prosecution for violation of any of the penal provisions of this act shall be instituted within 3 years after the commission of the offense.
Sec. 150. In the determination of any case arising under this act, the rule of res judicata is applicable only if the liability involved is for the same quarterly period as was involved in another case previously determined.
PART 19-MISCELLANEOUS
Sec. 151. All fees, taxes, interest, and penalties imposed and all amounts of tax required to be paid to the state under this act shall be paid to the tax commission in the form or remittances payable to the Nevada tax commission. The tax commission shall transmit the payments to the state treasurer to be deposited in the state treasury to the credit of the sales tax fund.
Sec. 152. The money in the sales tax fund shall, upon order of the controller, be drawn therefrom for refunds under this act, or be transferred to the general fund of the state.
Sec. 153.1. The remedies of the state provided for in this act are cumulative, and no action taken by the tax commission or the attorney general constitutes an election by the state to pursue any remedy to the exclusion of any other remedy for which provision is made in this act.
Sec. 153.2. In all proceedings under this act the tax commission may act for and on behalf of the people of the State of Nevada.
Sec. 154. Every part of this act shall be considered separable, and any holding that one part is unconstitutional shall not invalidate the remainder thereof.
Sec. 155. This act shall be in full force and effect from and after July 1, 1955.
________
Senate Bill No. 237Senators Lattin, Lovelock and Johnson
CHAPTER 398
AN ACT providing for the creation and appointment of a state ichthyosaur park board to protect the ichthyosaur discovery site in Nevada; designating the composition of the board and the terms of its members; setting forth the powers and authority of the board; appropriating funds for the purpose of carrying out the provisions of this act; setting compensation for board members, and other matters properly relating thereto.
[Approved March 29, 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 Ichthyosaur Park Act.
κ1955 Statutes of Nevada, Page 789 (CHAPTER 398, SB 237)κ
Sec. 2. Ichthyosaur Park Board: Appointment; Terms. The governor shall appoint a state ichthyosaur park board to protect and maintain the ichthyosaur discovery site, located in Berlin Canyon, Shoshone Range, Nye County, Nevada. The board shall be comprised of five members: One member shall be a resident of the Ione-Berlin area of Nye County, one shall be a resident at large of Nye County, one shall be a resident of Lander County and two shall be residents of Churchill County. On or before July 1, 1955, the governor shall appoint to membership on the board one person for a term of 1 year, two persons for terms of 2 years and two persons for terms of 3 years. Thereafter, all appointments to the board, except those appointments made to fill unexpired terms, shall be for terms of 3 years each. The members of the board shall elect a chairman from among the members of the board.
Sec. 3. Powers and Duties of the Board.
1. The board is authorized to take such action as is necessary to carry this act into effect. The board shall be empowered, with the advice, assistance and cooperation of the attorney general, to determine title to the land occupied by the ichthyosaur discovery site, and to take any action which is necessary for the preservation of the ichthyosaur site, and the permanent protection of the site and the objects on the site for the benefit of the people of the State of Nevada.
2. The board is authorized to receive and expend moneys from the State of Nevada and to receive and expend moneys from any other public or private institution or individual in order to carry out its purposes.
3. The board is authorized to employ a park custodian to supervise the care and protection of the ichthyosaur discovery site and to employ such other employees and consultants as, in the judgment of the board, may be necessary to carry out the purposes of this act.
4. The board is authorized, subject to the approval of the governor, to appoint an advisory board consisting of recognized paleontologists, from within or without the State of Nevada, to assist the board in carrying out its functions and purposes.
Sec. 4. Appropriation. For the biennium ending June 30, 1957, there is hereby appropriated from any money in the state treasury, not otherwise appropriated, the sum of $1,500, for the purpose of carrying out the provisions of this act. Funds to carry out the provisions of this act shall be paid out on claims as other claims against the state are paid.
Sec. 5. Per Diem and Travel Expenses for Board Members. For each days attendance at meetings of the board, or if engaged in the official business of the board, the members of the board shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 6. Effective Date. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 790κ
Senate Bill No. 273Senators Whitacre, Brown, Seevers and Munk
CHAPTER 399
AN ACT authorizing the state board of finance and the insurance commissioner of the State of Nevada to cause state-owned property to be appraised for fire insurance purposes; and other matters relating thereto.
[Approved March 29, 1955]
Whereas, No appraisal of state-owned property for the purpose of determining the proper amount of fire insurance coverage thereon has been made for many years past; and
Whereas, Offers have been made by reliable insurance companies to cause such an appraisal to be made by competent appraisers without cost to the state; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state board of finance is hereby authorized and directed to forthwith accept any offer or offers of any reliable insurance company authorized to do business in this state to cause an appraisal to be made without cost to the state of any or all state-owned property for the purpose of determining the adequacy of fire insurance presently in force covering such property, in order to assist the state board of finance in placing all insurance required by the State of Nevada upon its property, as provided by law. The insurance commissioner of the State of Nevada shall assist the state board of finance in carrying out the provisions of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 271Senator Brown
CHAPTER 400
AN ACT providing for the construction, furnishings and equipment of a classroom building on the campus of the southern branch of the University of Nevada; providing for the issuance of bonds therefor and the manner of their sale and redemption; defining certain duties of the Nevada state planning board, the president and regents of the University of Nevada, and the state controller; and other matters relating thereto.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. When and if title to all the real property described in section 4 hereof is acquired by the regents of the University of Nevada, in the name of the State of Nevada, provision is hereby made for the construction, furnishings and equipment, on the real property described in section 4 hereof, of a building to contain classrooms and office space for the administrative staff of the southern branch of the University of Nevada; to provide for the work and materials incidental thereto, and for the payment of the same as hereinafter provided.
κ1955 Statutes of Nevada, Page 791 (CHAPTER 400, SB 271)κ
Sec. 2. There is hereby created in the state treasury, for the use of the Nevada state planning board in carrying out the provisions of this act, a trust fund to be known as the University of Nevada, southern branch, classroom construction fund.
Sec. 3. 1. To provide the University of Nevada, southern branch, classroom construction 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 $200,000.
2. Such bonds shall:
(a) Be in denominations of $5,000 each, payable in legal tender of the United States.
(b) Be numbered serially from 1 to 40, 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.
(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 University of Nevada, southern branch, classroom construction fund herein created.
6. At least one of such bonds as may be issued shall be redeemed and paid on January 1, 1956, and at least one bond shall be redeemed and paid on the first day of each July and the first day of each January thereafter until January 1, 1975, on which date any bonds remaining outstanding shall be redeemed and paid; and, in any event, all such bonds shall be redeemed and paid within 20 years from the date of passage of this act.
κ1955 Statutes of Nevada, Page 792 (CHAPTER 400, SB 271)κ
and paid on January 1, 1956, and at least one bond shall be redeemed and paid on the first day of each July and the first day of each January thereafter until January 1, 1975, on which date any bonds remaining outstanding shall be redeemed and paid; and, 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. 4. None of the funds in the University of Nevada, southern branch, classroom construction fund shall be used for any purpose or purposes other than to construct, equip and furnish a building to contain classrooms and administrative offices on the campus of the southern branch of the University of Nevada in Clark County, Nevada, on lands described as follows:
Parcel No. 1. All of the N.E. quarter of the S.E. quarter and the S. half of the S.E. quarter of the N.E. quarter of section 22, township 21S., range 61E., M.D.B.&M., Clark County.
Parcel No. 2. The N. 1/2 of the S.E. 1/4 of the N.E. 1/4 of section 22, township 21S., range 61E., M.D.B.&M.
Sec. 5. The cost and expense of the construction, equipment and furnishings, including supervision and inspection thereof, and of all the work and materials provided for in this act shall not exceed the sum of $200,000.
Sec. 6. The Nevada state planning board is hereby charged with the duty of carrying out the provisions of this act relating to the construction, equipment and furnishings provided for in this act. The Nevada state planning board shall employ competent architects who, in turn, shall employ competent structural and mechanical engineers in preparing plans and specifications. The Nevada state planning board shall advertise in a newspaper of general circulation in the State of Nevada for separate sealed bids for the construction of the building and the equipment and furnishings thereof. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The Nevada state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at their discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
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 shall be rejected. A performance bond for the full amount of the contract shall be furnished by the successful bidder. The time limit covered by such performance bond shall be set by the architect, based upon standard practice for such work, with the proper penalty therein provided.
κ1955 Statutes of Nevada, Page 793 (CHAPTER 400, SB 271)κ
shall be set by the architect, based upon standard practice for such work, with the proper penalty therein provided.
Sec. 7. The Nevada state planning board shall pay the compensation of the architects at the time of acceptance of the plans and specifications prepared and presented to the board or thereafter, in full or in part, as may be provided for in the agreement between the board and the architects for the preparation and presentation of the plans and specifications. All bills for the employment of architects or for the work, equipment and furnishings herein provided for shall be paid out on claims against the University of Nevada, southern branch, classroom construction fund as other claims against the state are paid; and such claims, before payment, shall first be approved by the chairman and secretary of the Nevada state planning board.
Sec. 8. The president and regents of the University of Nevada and the Nevada state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications and contracts for the whole or part or parts of the construction, furnishings and equipment shall be approved by the regents of the University of Nevada before any such contract may be let.
Sec. 9. Upon completion and final acceptance of the building, furnishings and equipment and payment therefor, the University of Nevada, southern branch, classroom construction fund shall terminate and any unexpended or unobligated balance remaining in such fund in the state treasury shall be paid into the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of chapter 197, Statutes of Nevada 1939, and disbursed as provided therein for the purpose of the payment of interest and redemption of the bonds issued according to the provisions of this act.
Sec. 10. 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. 11. This act shall become effective upon the acquisition by the regents of the University of Nevada, in the name of the State of Nevada, of title to all of the real property described in section 4 hereof. If title to all such real property is not so acquired on or before June 30, 1956, this act shall expire by limitation at midnight on June 30, 1956, and be of no further force or effect.
________
κ1955 Statutes of Nevada, Page 794κ
Senate Bill No. 269Committee on Finance
CHAPTER 401
AN ACT authorizing a transfer of $175,000 from the general fund to the consolidated bond interest and redemption fund, and making an appropriation therefor.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the principal and interest on bonds issued by authority of law, the state controller is hereby authorized and directed to transfer the sum of $175,000 from the general fund to the consolidated bond interest and redemption fund, and the sum shall be disbursed as provided by chapter 197, Statutes of Nevada 1939.
Sec. 2. To make the transfer provided by section 1 of this act, the sum of $175,000 is hereby appropriated from the general fund.
Sec. 3. This act shall become effective on July 1, 1955.
________
Senate Bill No. 267Committee on Education and State University
CHAPTER 402
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 29, 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 63, Statutes of Nevada 1947, at page 91, is hereby amended to read as follows:
Section 1. Children Between the Ages of Seven (7) and Eighteen (18) Years Must Attend School-When Excused-Reasons for Non-attendance. Each parent, guardian, or other person in the State of Nevada, having control or charge of any child between the ages of seven (7) and eighteen (18) years, shall send and be required to send such child to a public school during all the time such public school shall be in session in the school district in which such child resides; and, if such child will arrive at the age of six (6) years by December 31, it shall be admitted to the first grade of such school at the beginning of the school year, and its attendance shall be counted for apportionment purposes as if it were already six (6) years of age, otherwise, such child shall not be admitted until the beginning of the immediately following school term. But such attendance shall be excused in the following cases when satisfactory written evidence to that effect is presented to the board of school trustees of the school district in which such child resides:
κ1955 Statutes of Nevada, Page 795 (CHAPTER 402, SB 267)κ
that effect is presented to the board of school trustees of the school district in which such child resides:
1. That the childs bodily or mental condition or attitude is such as to prevent or render inadvisable its attendance at school or application to study. A certificate in writing from any reputable physician filed with such board that such child is not able to attend school, or that its attendance is inadvisable, must be taken as satisfactory evidence by any such board, which certificate shall be filed with such board immediately after it has been so received; or
2. That the student has already completed the twelve (12) grades of the elementary and high school courses; but any such student between the ages of fourteen (14) and eighteen (18) years who has completed the work of the first eight (8) grades may be excused from full-time school attendance and be permitted to enter proper employment or apprenticeship, by the written authority of such board of trustees, excusing such pupil from such attendance, together with the reason or reasons for such excuse. In all such cases no employer or other person shall employ or contract for the services or time of such pupil until he presents a written permit therefor from the attendance officer or board of school trustees of such school. Such permit shall be kept on file by the employer, and on termination of such employment must be returned by the employer to the school board or other authority issuing the same; or
3. That the child is receiving at home or in some other school, equivalent instruction fully approved by the state board of education as to the kind and amount thereof; or
4. That the child, fourteen (14) years of age or over, must work for its own or its parents support; or
5. That the deputy superintendent of public instruction of that educational supervision district has determined that the childs residence is located at such distance from the nearest public school as to render attendance unsafe or impracticable and its parent or guardian has notified the school board to that effect in writing; or
6. The juvenile department of the district court, after reviewing the case, may issue a permit to any child who has completed the eighth grade authorizing him to leave school.
Sec. 2. Section 12 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 96, is hereby amended to read as follows:
Section 12. State Board of Education-How Composed. The state board of education shall consist of 8 lay members, six to be elected one from each of the educational supervision districts of the state, and two to be appointed by the elected members of the board. The elective lay members shall be elected as follows:
1. At the general election in the fall of 1956, and every four (4) years thereafter, three (3) members shall be elected, one from each of the odd-numbered educational supervision districts.
2. At the general election in the fall of 1958, and every four (4) years thereafter three (3) members shall be elected, one from each of the even-numbered educational supervision districts.
Each of the lay members so elected shall hold office for a term of four (4) years, and in the event that a vacancy shall occur in the board from among the elected members, the governor shall appoint a member to fill the vacancy for the remainder of the unexpired term.
κ1955 Statutes of Nevada, Page 796 (CHAPTER 402, SB 267)κ
four (4) years, and in the event that a vacancy shall occur in the board from among the elected members, the governor shall appoint a member to fill the vacancy for the remainder of the unexpired term.
The elected members shall appoint two members to serve for terms of four (4) years, but the members so appointed shall not be residents of the same county. One of the appointed members shall be representative of labor, and one shall be representative of agriculture. If a vacancy shall occur in the office of an appointive member, the elected members shall fill the vacancy for the remainder of the unexpired term.
The members of the state board of education, as the same is constituted at the time of the passage and approval of this act, shall continue to hold office for the terms for which they were elected.
Sec. 3. Section 13 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 96, is hereby amended to read as follows:
Section 13. Officers of Board. The state board of education at its first meeting after each election and qualification of the lay members shall organize by electing one of its members president, to serve during the pleasure of the board. The state superintendent of public instruction shall be the secretary of the board and shall serve without additional salary.
Sec. 4. Section 17 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 98, is hereby amended to read as follows:
Section 17. Elections of Superintendent of Public Instruction-Qualifications. The superintendent of public instruction shall be elected quadrennially by the qualified electors of the state at the same time and in the same manner as the governor is elected, and shall hold office for the term of four (4) years beginning on the first Monday in January immediately following each such election, and continuing until the first Monday in January four (4) years later or until his successor is elected and qualified. He shall be a graduate of the University of Nevada or a college of equal standard, and shall also hold a Nevada teachers certificate of the high school grade, and shall have had, at the time of his nomination, at least 20 semester hours in educational subjects, by actual attendance at some standard college or university, or in lieu of such semester hours shall hold a Nevada life diploma of high school and elementary grade and shall also have had at the time of his election not less than forty-five (45) months of successful teaching experience, at least twenty (20) months of which shall have been in the State of Nevada.
Sec. 5. Section 18 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 98, is hereby amended to read as follows:
Section 18. Powers and Duties of Superintendent of Public Instruction. The superintendent of public instruction shall have the following powers and duties:
1. To visit each county in the state at least once each school year and shall conduct institutes, visit schools, consult with school officers, or address public assemblies on subjects pertaining to the schools; to consult and study with school officers and educators of this and other states on topics of school administration, school methods, and school law.
κ1955 Statutes of Nevada, Page 797 (CHAPTER 402, SB 267)κ
law. The necessary traveling expenses incurred by such superintendent in the performance of such duties, including cost of transportation and board and lodging while absent from his place of residence, at the statutory rate, shall be allowed, audited, and paid out of the general fund of this state in the same manner as claims upon the general fund are now allowed, audited, and paid;
2. To apportion the state distributive school fund in accordance with law;
3. To report to the governor of the state biennially on or before the first day of December in the years immediately preceding the regular sessions of the legislature. The governor shall transmit the report to the legislature at its first regular session thereafter. The report shall contain a statement of the public school affairs in the state; a statement of the condition and amount of all funds and property appropriated and dedicated to the purposes of public education or under the control or supervision of the superintendent of public instruction; the number of schools in each county; the number of children in each county under the age of eighteen (18) years, attending public schools; the amount of public school moneys apportioned to each county of the state, the separate amount of money raised by county taxation and the sources thereof; the amount of money raised for building public schoolhouses; a statement of plans for the management and improvement of public schools; and such other information relative to the educational affairs of the public schools of the state as he may deem proper;
4. To prescribe rules and regulations and thereafter to modify them as may be proper and necessary for making all reports and conducting all necessary proceedings under this chapter and to furnish suitable blanks for the same; to cause the same, with such instructions as shall be deemed necessary and proper for the organization and government of schools, to be transmitted to the local school officers who shall be governed in accordance therewith. He shall prepare a convenient form of school register for the purpose of securing accurate returns from the teachers of public schools, and shall furnish such registers to each school board in the state to be delivered as needed to each of the teachers of its school. He shall prepare pamphlet copies of the school law and shall transmit a copy to each school trustee, school, and other school officer in this state; and when amendments or additions are made thereto, he shall have them also so printed and so transmitted immediately thereafter, each marked State property-to be turned over to your successor in office.
Sec. 6. Section 19 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 100, is hereby amended to read as follows:
Section 19. Further Powers and Duties of the Superintendent of Public Instruction. The further powers and duties of the superintendent of public instruction shall be:
1. To convene teachers conferences in the various sections in the state in such places and at such time as he may deem advisable. He shall engage such conference lecturers and leaders as he shall deem advisable and shall preside over and regulate the programs of all teachers conferences.
κ1955 Statutes of Nevada, Page 798 (CHAPTER 402, SB 267)κ
deem advisable and shall preside over and regulate the programs of all teachers conferences. No conference shall continue more than five (5) days. The expenses incurred in holding such conferences shall be paid out of the state distributive school fund; provided, that the amount for the teachers conferences shall not exceed $8,400 in any one biennium, and the state controller is hereby authorized and directed to draw his warrants for the same upon the order of the superintendent of public instruction. All teachers shall be required to attend the teachers conference held in the supervision district in which they may be teaching, respectively, unless they shall be excused for good cause by the superintendent of public instruction, and without loss of salary for the time thus employed. It shall be his further duty to convene in such places and at such time as he may designate conferences of school administrators. Nothing in this section shall be construed to prohibit the state superintendent of public instruction from altering the character of any institute in line with advanced educational procedure;
2. To call meetings of the state board of education at least four (4) times each year;
3. To perform such other duties relative to the public schools as may be prescribed by law;
4. To have done at the state printing office in accordance with law all printing required in the performance of his duties;
5. To require a written report from each deputy superintendent of public instruction at such times as he may direct;
6. To prepare, and to have printed teachers contracts, school registers, and other necessary forms and supplies, and to supply the same to school trustees and teachers;
7. The superintendent of public instruction shall, at the expiration of his term of office, deliver immediately to his successor in office all property and effects belonging to such office, and he shall take a receipt for the same.
Sec. 7. Section 20 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 101, is hereby amended to read as follows:
Section 20. Additional Powers and Duties of Superintendent of Public Instruction. The superintendent of public instruction shall have the following additional powers and duties:
1. To act on appeals from decisions by deputy superintendents of public instruction when there is no appeal to the state board of education; and the decision of the superintendent of public instruction on such appeal shall be final;
2. He shall be a member and secretary of the state textbook commission, and shall give notice of its meetings;
3. He and the governor are to approve or disapprove the appointment of probation officers after investigating their qualifications;
4. To administer oaths to teachers and also other oaths relating to public schools;
5. To fill vacancies in school boards in accordance with law;
6. To apportion to evening schools from the state distributive school fund;
κ1955 Statutes of Nevada, Page 799 (CHAPTER 402, SB 267)κ
7. To approve school library books;
8. To confer powers on deputy superintendents of public instruction;
9. To determine and certify county school tax when the board of county commissioners fails to do so.
Sec. 8. Section 21 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 102, is hereby amended to read as follows:
Section 21. Educational Supervision Districts Established, State Board May Change Boundaries. Six educational supervision districts are hereby established as follows: District number 1, comprising Elko County; district number 2, comprising White Pine, Nye, Esmeralda, and Eureka Counties; district number 3, comprising Humboldt, Pershing, and Lander Counties; district number 4, comprising Washoe and Churchill Counties; district number 5, comprising Lincoln, and Clark Counties; district number 6, comprising Storey, Ormsby, Douglas, Lyon, and Mineral Counties; provided, that the state board of education may make such changes in the boundaries of these supervision districts as may be found in the judgment of the state board of education to be better adapted to the needs of the several supervisional districts.
Sec. 9. Section 22 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 102, is hereby amended to read as follows:
Section 22. Deputy Superintendents of Public Instruction. The state superintendent of public instruction, with the approval of the state board of education, shall appoint one deputy superintendent of public instruction for each educational supervision district as provided for in the immediately preceding section of this chapter. Each of the deputy superintendents of public instruction shall devote his entire time to school supervision and shall not engage in any other work while holding this office.
Sec. 10. Section 27 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 104, as amended by chapter 113, Statutes of Nevada 1951, at page 146, is hereby amended to read as follows:
Section 27. Compensation of Deputy Superintendents. The compensation of each deputy superintendent of public instruction shall be paid out of funds appropriated by the legislature from the general fund in the same manner as the salaries of other state officers are paid. All claims for the traveling expenses, including the cost of transportation and cost of living, as fixed by law for state officers, of each deputy superintendent of public instruction while absent from his place of residence, together with necessary office expenses, shall be paid out of funds appropriated by the legislature from the general fund, whenever such claims shall be allowed by the state board of examiners.
Sec. 11. Section 32 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 106, is hereby amended to read as follows:
Section 32. School Districts and Schools. 1. The school districts of the State of Nevada shall consist of the following kinds and types:
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(a) Joint school district, being any single school district, comprising territory in two or more counties.
(b) School district, being any single school district, county-wide in area, not combined in any way with any other school district.
2. The schools of the State of Nevada shall consist of the following kinds and types:
(a) An elementary school within the meaning of this chapter shall be one in which no grade work above that included in the 8th grade, according to the regularly adopted state course of study, shall be given.
(b) A junior high school within the meaning of this chapter shall be a school in which the 7th, 8th and 9th grades are taught under a course of study prescribed and approved by the state board of education.
(c) A high school within the meaning of this chapter shall be a school in which subjects above the 8th grade, according to the state course of study, may be taught.
3. Public schools within the meaning of this chapter shall include all kindergarten and elementary schools, junior high schools and high schools which receive their support through public taxation, and whose textbooks, courses of study and other regulations are under the control of the state board of education.
Sec. 12. Section 36 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 108, as amended by chapter 306, Statutes of Nevada 1953, at page 510, is hereby amended to read as follows:
Section 36. Superintendent of Schools: Employment; Compensation; Term of Office. The board of school trustees of any district is authorized:
1. To employ any person regularly certificated to serve as superintendent of schools of the district.
2. To define his powers and duties.
3. To fix his salary.
No superintendent of schools shall be employed for more than 1 year unless he shall have first served 2 years acceptably in the district. If he has served 2 years acceptably in the district he may be employed for a term not to exceed 4 years. A superintendent of schools may be dismissed at any time for cause.
Sec. 13. Section 45 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 111, is hereby amended to read as follows:
Section 45. Joint School Districts: Establishment. In counties where fewer than 45 teachers are employed, the school boards of two or more than two counties may establish a joint school district, and elect from their membership a joint school board which shall employ a superintendent of schools as in other districts.
Sec. 14. Section 58 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 116, is hereby amended to read as follows:
Section 58. County School Funds: Accrual. All state, county and district school funds remaining to the credit of various school districts or any school funds in any county shall, upon the formation of a county school district, accrue to and be placed to the credit of the county school district or joint school district.