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κ1955 Statutes of Nevada, Page 801 (CHAPTER 402, SB 267)κ
Sec. 15. Section 59 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 117, is hereby amended to read as follows:
Section 59. Outstanding Bonds on Consolidation Constitute Lien. Irrespective of consolidation of school districts into a county school district, all bonds outstanding and constituting liens upon property within the respective school districts at the time of consolidation shall remain as liens upon such property.
Sec. 16. Section 60 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 117, is hereby amended to read as follows:
Section 60. Property Accrues to New School District. The school property of the disorganized districts shall, upon the organization of a new county-wide district or joint school district, become the property of the new school district, and the board of trustees of the new district is authorized to use the property in carrying out the school work of the new district, or to sell or dispose of the property in the manner provided by law for the disposition of school property and for the best interests of the district.
Sec. 17. Section 92 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 128, is hereby amended to read as follows:
Section 92. State Superintendent to Apportion School Money to Evening Schools-Basis of Apportionment-Teachers to Make Report. At the time of making the regular quarterly apportionment, the superintendent of public instruction shall apportion from the state distributive school fund to the districts or schools which have established and maintained evening schools in accordance with the provisions of this chapter such an amount as is shown, by the reports from the several evening schools, to be necessary under this chapter; but in no case shall the total amount so apportioned in any one (1) year exceed the amount set aside for this purpose in the general appropriation act budgeted for this purpose. Reports shall be made to the superintendent of public instruction at such time and in such manner as he shall prescribe. Apportionment to any district or school on account of evening schools shall be made in accordance with regulations made by the state board of education.
Teachers in the evening schools shall keep daily record of enrollment and attendance by months of pupils under their instruction, and before the district or school shall receive any apportionment provided for in this chapter, and at the close of the session, they shall make a final report in triplicate on the blanks provided therefor by the superintendent of public instruction, and file a copy thereof with the superintendent, with the deputy superintendent for that educational supervision district, and with the clerk or secretary of the governing board of the school.
Sec. 18. Section 160 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 153, is hereby amended to read as follows:
Section 160. Transportation May Be Furnished. The school board of any school district of this state may furnish transportation, as provided for hereinafter in this chapter, for all resident children of school age residing in such district who are not excused from school attendance by the provisions of this school code and who reside within the school district at such distance from such schoolhouse as to make transportation necessary and desirable.
κ1955 Statutes of Nevada, Page 802 (CHAPTER 402, SB 267)κ
of any school district of this state may furnish transportation, as provided for hereinafter in this chapter, for all resident children of school age residing in such district who are not excused from school attendance by the provisions of this school code and who reside within the school district at such distance from such schoolhouse as to make transportation necessary and desirable.
Sec. 19. Section 161 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 155, is hereby amended to read as follows:
Section 161. Discretionary. The furnishing of transportation to pupils or students shall be entirely optional with and at the discretion of the school board of the district affected. The school board is authorized to establish bus routes, rules and regulations governing the conduct of children while being transported, and rules and regulations not inconsistent with regulations made by the state board of education or provisions of state law for the bus driver to observe in the interests of safety of the pupils being transported.
Sec. 20. Section 163 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 156, is hereby amended to read as follows:
Section 163. Funds for Transportation Required To Be Budgeted. To obtain funds for transportation of pupils, each school board shall, each year, make an estimate of the amount of money necessary to maintain such transportation for that year and the next ensuing year, and shall make proper provision therefor in the official school budget.
Sec. 21. Section 164 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 156, is hereby amended to read as follows:
Section 164. School Buses-Motor Vehicles-Equipment-Contracts or Arrangements for Transportation, How Made-Repairs-Drivers, and Other Matters Relating Thereto. Transportation funds for any school shall be used to provide transportation for the pupils of that school as follows:
The purchase, rent, hire, and use of school buses, station wagons, automobiles, and other motor or mechanically propelled vehicles, or either or any of them, as needed for that school, and the necessary equipment therefor and repair of all thereof as needed and so as to keep it in safe, convenient, and workable condition for such transportation; the employment and compensation of capable and reliable drivers of such vehicles while in such use, who shall be persons of good and reputable character and sobriety, and for the employment and compensation of such other employees as may be necessary in such transportation and matters incident thereto; the purchase of necessary supplies and articles to be used in and about the same; such insurance of vehicles owned, rented, hired, used, or operated by or under the direction or supervision of the school board of the school as such school board may be able to obtain, especially against loss and damage resulting from or on account of injury or death of any pupil being so transported, caused by collision or any accident, in the operation of any such vehicle in such amount as the state board of education may deem sufficient to protect it and such pupils so being transported and their parents, guardians, or legal representatives from loss or damage resulting from the matters covered by such insurance; and any school board may use transportation funds of its district for each, any, or all of the foregoing purposes, and in arranging and paying for such transportation by motor vehicle or otherwise by contract or such other arrangement as such board shall find most economical, expedient, and feasible and for the best interests of their respective schools.
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may deem sufficient to protect it and such pupils so being transported and their parents, guardians, or legal representatives from loss or damage resulting from the matters covered by such insurance; and any school board may use transportation funds of its district for each, any, or all of the foregoing purposes, and in arranging and paying for such transportation by motor vehicle or otherwise by contract or such other arrangement as such board shall find most economical, expedient, and feasible and for the best interests of their respective schools.
Nothing in this section shall be construed to admit or assume any tort liability to any pupil or the parent or guardian thereof for injury or death resulting from transportation furnished such pupil under the provisions of this chapter unless such liability is specifically assumed by law.
Such transportation may be arranged and contracted for by such boards with any railroad company, bus or stage line, or other public utility company or concern engaged in the transportation business, duly licensed as such, and having a certificate of public convenience and necessity of the public service commission of this state, and also with the owners and operators of private automobiles or other private motor vehicles, including also the parents of pupils who attend any such school and are entitled to transportation; provided, that every such private automobile or other private motor vehicle so transporting such pupils regularly shall be fully insured, as aforesaid, if and when the school board of the particular school that such pupils are then attending shall require it, and in such sum as the state board of education may require.
Sec. 22. Section 165 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 157, is hereby amended to read as follows:
Section 165. Use of School Bus for Purposes Other Than Transportation of Pupils to and From School. School boards are hereby expressly empowered to permit school buses or vehicles belonging to the school district to be used, under rules and regulations established by such boards, and not in conflict with regulations of the state board of education, for the transportation of pupils to and from interscholastic contests or school festivals or for other activities properly part of a school program, provided that proper supervision for each vehicle so used be furnished by the school authorities. Provisions of this chapter regarding bus drivers must be observed in connection with such transportation.
School boards are further empowered to authorize the use of school buses to transport teachers, administrators, and other school employees to educational conferences authorized by the state board of education.
Sec. 23. Section 166 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 157, as amended by chapter 118, Statutes of Nevada 1953, at page 121, is hereby amended to read as follows:
Section 166. Vehicles in Good Condition. All the vehicles used in such transportation of pupils must be in good condition and state of repair, well equipped, and with sufficient room and seats that the driver of each such vehicle and each and every pupil being so transported shall have a seat inside such vehicle in which he or she is being transported; and each of them shall remain seated therein at all times when such vehicle is in motion.
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driver of each such vehicle and each and every pupil being so transported shall have a seat inside such vehicle in which he or she is being transported; and each of them shall remain seated therein at all times when such vehicle is in motion. All vehicles used in such transportation shall be subject to safety inspections and checks at all times by agents or employees of the safety division of the public service commission or any successor agency thereto.
Operation Thereof and of Approaching Vehicles. Every school bus when operated for the transportation of school pupils, shall bear upon the front and rear thereof a plainly visible sign containing the words school bus in letters not less than four (4) inches in height, except that on any school bus purchased or repainted after the effective date of this school code, said words shall not be less than eight (8) inches in height. Upon every such sign the letters shall be of proportionate width. No vehicle, other than a school bus, shall display such a sign.
Every such school bus shall be equipped with a mechanical appliance, either automatic, or hand-operated, on the drivers side, to be extended outward when stopping, as a warning to drivers of other vehicles, that such bus is about to stop.
Every school bus when operated for the transportation of school children shall be equipped with first aid kit, an ax, and a fire extinguisher containing an extinguishing substance other than tetrachloride, and shall have a flashing red light system of a type to be approved by the safety division of the public service commission or any successor agency thereto. The driver of a school bus shall operate this signal at all times when children are unloading from a school bus to cross a street, highway or road or when a school bus is stopped for the purpose of loading children who must cross a highway, street or road to board the bus. Such signal may be used in time of emergency or accident, but shall not be operated at any other time. Such signal system shall be installed at the expense of the school district or operator, for which each such bus is operated. On and after July 1, 1956, all vehicles used for transporting school children shall meet the specifications determined by the state board of education, and each newly purchased school bus shall be equipped with a rear escape door of a type to be approved by the safety division of the public service commission or any successor agency thereto.
The driver of any vehicle upon a highway, street or road upon meeting or overtaking from either direction any school bus equipped with signs and signals as herein required which has stopped on a highway, street or road for the purpose of receiving or discharging any school children when such school bus displays a flashing red light signal visible from front and rear shall bring such vehicle to a stop immediately before passing the school bus and shall not proceed past such school bus until the red flashing signal ceases operation. The driver of a vehicle upon a highway, street or road with separate roadways need not stop upon meeting or passing a school bus which is upon the other roadway. The driver of a vehicle need not stop upon meeting or passing a school bus when the latter is stopped at an intersection or place where traffic is controlled by a traffic officer or official traffic signal.
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a school bus when the latter is stopped at an intersection or place where traffic is controlled by a traffic officer or official traffic signal.
Misdemeanor. Every violation of the foregoing requirements of this section, or any of them, shall constitute a misdemeanor; and every person so violating the requirements, or any of them, shall upon conviction thereof, be punished by fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail of the county where such misdemeanor was committed for not less than fifteen (15) days nor more than six (6) months, or by both such fine and imprisonment, as determined by the justice of the peace trying the case.
Stops at Railroad Crossings and Other Safety Matters. Every school bus and every other motor vehicle transporting any pupil of any school in this state shall, upon approaching any railroad grade crossing, be brought to a full stop within fifty (50) feet, but not less than fifteen (15) feet, from the nearest rail of any such railroad grade crossing, either main line or switch rail, and shall not proceed until the driver of such school bus or of such other motor vehicle while so transporting any pupil shall have listened and looked in both directions along such track or tracks for any approaching locomotive and railway car or train, or either or any of them, and has thereby ascertained that the course across such track or tracks is clear and safe for such pupils and such vehicle and has in that way used not only due but extraordinary caution for the safety of such pupils and property. All such crossings shall be made only in such gear of such vehicle that there shall be no necessity or reason for changing gears while traversing or crossing such railroad grade crossing and such gears shall not be changed while making such crossing. Nothing contained in this paragraph of this section shall relieve or be so construed as to relieve the driver of any such motor vehicle or school bus of the duty and responsibility in any case of the exercise of such caution to ascertain that the course is clear and safe over such crossing before approaching and proceeding over it. The requirements of this paragraph of this section shall be observed and complied with by every such driver notwithstanding the presence or absence of mechanical protection or warning or of any human flagman or watchman at such crossing to direct or warn persons crossing such track or tracks of danger.
Misdemeanor. Any person violating any of the foregoing provisions of the last above paragraph of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred ($100) dollars or more than five hundred ($500) dollars, or by imprisonment in the county jail of the county in which convicted for not less than fifty (50) days or more than six (6) months, or by both such fine and imprisonment, as determined by the justice of the peace trying the case.
Drivers of Good Character-Their Age, Qualifications and License. Only such persons as are of good and reputable character and sobriety, at least 16 years of age, competent and qualified by experience and disposition to operate in a safe and dependable manner the particular type of vehicle they are to drive, and duly licensed to operate it, all as provided for in the so-called drivers license law, sometimes called the uniform motor vehicle operators and chauffeurs license act, of this state, being chapter 190, Statutes of Nevada 1941, at page 529, also designated as sections 4442-4442.51, inclusive, 1929 N.C.L.
κ1955 Statutes of Nevada, Page 806 (CHAPTER 402, SB 267)κ
type of vehicle they are to drive, and duly licensed to operate it, all as provided for in the so-called drivers license law, sometimes called the uniform motor vehicle operators and chauffeurs license act, of this state, being chapter 190, Statutes of Nevada 1941, at page 529, also designated as sections 4442-4442.51, inclusive, 1929 N.C.L. 1941 Supp., may be employed as drivers of any school bus, station wagon, automobile, or other motor vehicle or mechanically or self-propelled vehicle of any kind or designation whatsoever, while transporting pupils to and from school or elsewhere in connection with school activities, all of which shall be done in accordance with the act and in the manner specified therein and in the other laws of this state relating to the driving and operation of motor vehicles.
Pupils as Drivers. School boards may use as such drivers, the pupils, either boys or girls, or both, attending the respective schools under the supervision of such boards, who are at least 16 years of age or comply with the provisions of chapter 31, Statutes of Nevada 1943 at page 49, and have the consent of the parents or guardians of such pupils prior to such use, and who are of good character and sobriety and are reputable, reliable, competent, experienced and qualified in all respects as specified in the immediately preceding paragraph of this section; and such school boards may arrange or contract, in writing, with the parents or guardians of such pupils for such services of such pupils as such drivers, upon such terms, conditions and provisions and for such compensation as such school boards deem most economical and for the best interests of such schools and all the pupils, patrons and other persons affected therein.
All such drivers, whether pupils or other persons, shall comply with and meet all the requirements of the laws of this state relating to or regulating the driving and operation of motor vehicles in this state, including also the so-called drivers license law, and chapter 31, Statutes of Nevada 1943, some of such requirements being a valid operators or chauffeurs license in accordance therewith, physical and mental ability to operate such a motor vehicle as the one he or she is to drive with safety upon the roads and highways in this state and with safety to the public, and have had at least one (1) year of driving experience of motor vehicles prior to the issuance of his or her drivers license.
No person shall employ as a driver of any motor vehicle while in use to transport pupils any person not licensed to drive such a motor vehicle as provided for in the so-called drivers license law, and chapter 31, Statutes of Nevada 1943.
Misdemeanor. It is hereby made a misdemeanor for any person:
1. To display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered operators or chauffeurs license;
2. To lend his operators or chauffeurs license to any other person, or knowingly permit the use thereof by another;
3. To display or represent as ones own any operators or chauffeurs license not issued to him;
4. To fail or refuse to surrender to the drivers license division of the public service commission, upon its lawful demand, any operators or chauffeurs license which has been suspended, revoked, or canceled;
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of the public service commission, upon its lawful demand, any operators or chauffeurs license which has been suspended, revoked, or canceled;
5. To use a false or fictitious name in any application for an operators or chauffeurs license or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;
6. To permit any unlawful use of an operators or chauffeurs license issued to him; or
7. To do any act forbidden or fail to perform any act required by this chapter.
License and Insurance. Every such driver of any school bus, station wagon, automobile or other motor vehicle or self-propelled vehicle, whether a pupil or other person, used in the transportation of school pupils to and from school or elsewhere in connection with school activities shall have a valid and existing drivers license in accordance with and as provided for in said so-called drivers license law, and chapter 31, Statutes of Nevada 1943, and every school board of any kind or nature whatsoever in this state shall obtain and keep in full force and effect on motor vehicles owned by the school district such insurance as is provided for in section 164 of this school code.
Sec. 24. Section 206 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 180, as amended by chapter 261, Statutes of Nevada 1953, at page 369, is hereby amended to read as follows:
Section 206. Questions of Bonds Submitted to Voters: Special Elections. Whenever the board of trustees shall certify to the board of county commissioners of the county that a new school building, teacherage, gymnasium or dormitory, or all of these are needed, or that it is necessary to enlarge one or more of the buildings in use or to acquire a new building site or additional real property for necessary school purposes or to purchase or acquire necessary school equipment and that the cost of the same is such that an issue of negotiable coupon bonds for the purpose is advisable and shall furnish the board of county commissioners with a definite statement of the amount of money needed therefor, the board of county commissioners is authorized and directed to submit the question of bonding the school district for the amount and purpose named to the voters of the county at the next general election; or the board of county commissioners shall, at the request of the county board of trustees or the joint district board of trustees, order a special election.
Sec. 25. Section 207 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 181, is hereby amended to read as follows:
Section 207. Notice of Election. The board of county commissioners shall, at the request of the county board of trustees or the joint district board of trustees, make an order for the bond election provided for in this chapter at any regular meeting or at a special meeting held not less than 8 weeks before any general or special election, which election shall be noticed, held and conducted, and returns thereof made as and in the manner now provided by law for holding elections in the several counties of this state.
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in the manner now provided by law for holding elections in the several counties of this state.
The election notice must contain:
First-The time and places of holding such election.
Second-The hours during the day in which the polls will be opened, which hours shall be the same as at general elections.
Third-The amount of bonds, the rate of interest, not exceeding 5 percent, and the number of years, not exceeding 20, the bonds are to run.
Fourth-The purpose or purposes for which the money realized from the sale of the bonds is to be used.
Fifth-Such other facts as may be necessary to fully inform the voters of the nature and purposes of the proposed bond issue.
On or after July 1, 1955, the newly elected county board, as provided in section 249, is hereby expressly authorized to hold a bond election as provided in this act. Should such bond election be approved by the voters, the county board of education is hereby authorized to sell such bonds for the purpose or purposes named in the notice of election and to create a bond interest and redemption fund and to determine a tax levy therefor, which shall become effective with other regular county tax levies on July 1, 1956.
Sec. 26. Section 209 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 181, is hereby amended to read as follows:
Section 209. Terms Defined-Procedure on School Bond Issue. Whenever used hereinafter in this chapter the words school board shall mean and refer to the board of school trustees and, when they propose to issue school bonds for the school or schools under their supervision, such school board proposing to issue such bonds shall proceed as follows:
(1) Proposed Bond Issue To Be Submitted at an Election. Whenever any such school board in this state proposes to issue school bonds, or provide for a loan or loans, in any amount within the limit of indebtedness authorized by the constitution of this state, the proposal for any such bond issue or loan shall be submitted, at a general or special election called for that purpose, to the registered electors of the county affected, respectively, in which such schools is situated, who are not the owners of real property or the spouses of owners of real property in the particular area affected, on one (1) set of ballots, and also at the same election but on another set of ballots of the same form but of a different color, all as hereinafter specified, who are the owners of real property or the spouses of owners of real property, as shown, for the particular area affected, by the assessment roll of the county of this state in which such schools are situated, in the manner hereinafter set forth.
(2) Two (2) Sets of Ballots To Be Used-Duties of Election Officers. The election officers for the particular school district affected, as the case may be, who are charged by law with the duty of providing for and conducting such elections, shall provide one ballot box at each voting place within the area affected for the purpose of such election.
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Such election officers shall also provide for the use of the voters entitled to vote at any such election, in the manner hereinafter set forth, two (2) sets of ballots, both of which shall be in the same form and substance, but one (1) of which shall be printed on white paper and the other of which shall be printed on colored paper, and both of which shall contain the same statement of the proposal to be voted upon and the same instructions respecting the manner of marking the ballots.
(3) Who Entitled to Vote-Two (2) Colors of Ballots. Every citizen of the United States of the age of twenty-one (21) years and upwards who has resided in this state six (6) months, in the county thirty (30) days, and in the voting precinct ten (10) days, immediately preceding any such election, and who has complied with the registration laws of this state, shall be entitled to vote at such election. If such registered elector is not the owner of or the spouse of the owner of real property in the particular area affected, assessed as hereinbefore specified on the assessment roll of the county in which such school is situated, he shall be furnished by such election officer so conducting such election a ballot printed on white paper, and all such ballots, when voted, shall be deposited in the ballot box. If such registered elector is the owner of or the spouse of the owner of real property in the particular area affected, assessed on the assessment roll of the county in which such school is situated, he shall be furnished by such election officers a ballot printed on colored paper, and all such ballots, when voted, shall be deposited in the ballot box.
(a) Owners of Property Must Make Affidavit. Before any person shall be allowed to vote a ballot printed on colored paper, he or she shall be required to make before one (1) of the officers of such election, all of whom are authorized to take the same, an affidavit, showing that he or she is the owner or the spouse of the owner of real property so assessed in the particular area affected.
(b) Vote To Be Canvassed. Immediately after the closing of the polls of such election, the election officers shall proceed to canvass the ballots in the ballot box.
Separate and distinct records shall be made of such canvass of the ballots; and the results disclosed by such canvass of the ballots of different colors shall be certified, separately, by such election officers to the school board which made the proposal to issue such bonds.
(c) Procedure, if Bonds Approved. If a majority of the ballots cast of each color is in favor of the issuance of the bonds, the proposal to issue them shall have been carried, and the proper officers shall in the manner now provided by law or expressed in the notice of such election, proceed to complete the printing, execution, advertising, and sale of the bonds.
(d) Procedure, If Bonds Rejected. If the majority of the ballots of either color is against the issuance of the bonds, the proposal to issue them shall have failed, and the proper officers shall proceed no further with the printing, execution, advertisement, or sale of the bonds, but shall certify the result of such election to the proper officers or school board of the school affected.
(4) Not Applicable, When. All laws of this state inconsistent with the provisions of this school code, are hereby repealed; but this section shall not be construed as affecting the validity of any school bonds issued and outstanding in the state.
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the provisions of this school code, are hereby repealed; but this section shall not be construed as affecting the validity of any school bonds issued and outstanding in the state.
Sec. 27. Section 210 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 183, as amended by chapter 233, Statutes of Nevada 1953, at page 310, is hereby amended to read as follows:
Section 210. School Trustees to Act-Sale of Bonds. If upon such official determination of the result of such school bond election it appears that the majority of the votes cast, as hereinbefore provided, at such election is for the bonds, the board of trustees shall, for the purpose or purposes stated in the notice of election, issue the negotiable coupon bonds of the school district in such form and denomination and in such amounts as the board of trustees of the school district may direct, within the provisions of the school law as stated in this chapter, which school bonds shall run for a period not to exceed 20 years from the date of their issue, and bearing interest at a rate not to exceed 5 percent per annum, all as hereinafter provided.
The board of trustees may divide the principal amount of any issue authorized at any election into two or more series and fix different dates of issue for the bonds of each series. The bonds of any one series may be made payable at different times from those of any other series. In the event the bonds of any authorized issue are divided into series the maturity of each respective series shall comply with the provisions of this chapter. For the purpose of computing the maturity of each series the term date of issue shall be deemed to be the date of the bonds of each series respectively.
Sec. 28. Section 211 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 184, is hereby amended to read as follows:
Section 211. Bonds to Contain Certain Provisions. Every issue of school bonds including refunding bonds issued under lawful authority by any school district, shall be serial in form and maturity, and numbered from one (1) upwards consecutively. Interest on all such bonds shall be payable either annually or semiannually as may be set forth in the action of the officers authorized by law to issue the same, and in accordance with such law. The various annual maturity shall commence not later than the third year after the date of issue of such bonds; and all such bonds shall be redeemed in equal annual installments; provided, however, that the first and last installment may be for a greater or less amount than the other installments for the payment of such bonds.
Sec. 29. Section 224 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 190, is hereby amended to read as follows:
Section 224. Total Bonded Indebtedness for School Purposes. The total bonded indebtedness for school purposes shall at no time exceed 10 percent of the total of the last assessed valuation for county purposes of the taxable property situated within that school district.
Sec. 30. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 224.1, which shall immediately follow section 224 and shall read as follows:
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section to be designated as section 224.1, which shall immediately follow section 224 and shall read as follows:
Section 224.1. Change of Lines of County Not to Affect Bonds. No change in the boundary lines of any county shall release the taxable real property of the county from assessment and levy of the taxes to pay the interest and principal of such bonds, and if there shall be any change in the boundary of such county so as to leave out any portion of the taxable real property of the county which was subject to taxation in the county at the time of the issue of such bonds, the assessment and levy of taxes for the payment of the principal and interest of such bonds shall be made on such property as if it were still within the district, and shall be collected in like manner, and if there shall be any change of the boundary lines of such district so as to annex or include any taxable or real property, after the issue of such bonds, the real property so included or annexed shall thereafter be subject to the assessment and levy of a tax for the payment of the principal and interest of such bonds.
Sec. 31. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 224.2 which shall read as follows:
Section 224.2. Taxes a Lien on Property. All taxes levied and assessed as in this school code provided shall constitute a lien on the property charged therewith as provided by law.
Sec. 32. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 224.3 which shall read as follows:
Section 224.3. Use of Money So Raised Limited to Purposes Mentioned in Section 206 of This School Code. No money raised under the provisions of this chapter for dormitories or the other purposes mentioned in section 206 hereof shall be used to pay for board and lodging of students of the school for which the bonds may be issued, or for their transportation to and from the school or for any of their other expenses, but may be used only for a purpose or the purposes mentioned in this chapter, and for no other purpose.
Sec. 33. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 224.4 which shall read as follows:
Section 224.4. Bonds Declared Valid. All bonds authorized or issued under the provisions of law existing prior to the effective date of this act are hereby declared to be valid, and the board of trustees is hereby authorized to use the proceeds derived from the sale thereof for any or all of the purposes hereinbefore mentioned.
Sec. 34. Section 237 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 193, is hereby amended to read as follows:
Section 237. All Schools Are State Agencies. For the purpose of this school code every school district or other educational areas in this state and the governing boards of each thereof, are deemed to be and are governmental agencies of the State of Nevada.
Sec. 35. Section 238 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, as amended by chapter 306, Statutes of Nevada 1953, at page 516, is hereby amended to read as follows:
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Statutes of Nevada 1947, as amended by chapter 306, Statutes of Nevada 1953, at page 516, is hereby amended to read as follows:
Section 238. Budgets for Schools. It shall be the duty of the governing board of every school district or other educational area in this state, between the first Monday of January and the first Monday of March of each year to prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public school business of such school district or other educational district for the then current year and separately stated for the next following year. Such budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission.
Detail of School District Budget. The budget of any school district or other educational area shall in any event show the following detail:
1. The estimated aggregate assessments upon which the tax rate is based;
2. The last available valuation of real and personal property within the district;
3. The unencumbered cash balance at the beginning of the then current year;
4. The estimated receipts for the then current year;
5. The estimated receipts for the next following year;
6. The estimated expenditures for the then current year;
7. The estimated expenditures for the next following year;
8. The amount required for the next following year from taxation and the tax rate necessary to produce it.
Procedure Upon Completion of Budget. Upon the preparation and completion of the budget, it shall be signed by the governing board of such school district or educational area, and the several sums set forth in the budget under estimated expenditures for the then current year shall be thereby appropriated for the several purposes therein named for the then current year, and the sums set forth in the budget for the next following year shall be subject to revision upon the preparation and completion of the next succeeding budget required under this school code. In the school district or other educational area it shall be filed with the auditor and recorder of the county wherein such school district or other educational area is situated, and the estimated receipts and expenditures for the then current year; and the aggregate valuation and tax rates as shown by the budget shall then be published once, with a notice of a public hearing to be held thereon for the purpose of encouraging public participation, at least fifteen (15) days prior to the date when such budget shall become effective in the official newspaper of the city, town, municipality, or county, if there be one, or, if there be no official newspaper, then in a newspaper to be designated by the governing board of such school, city, town or municipality, or by the governing board of the county wherein such school district or other educational area is situated. The budget shall be approved by the deputy superintendent of public instruction of the educational supervision district involved.
κ1955 Statutes of Nevada, Page 813 (CHAPTER 402, SB 267)κ
Sec. 36. Section 239 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 194, is hereby amended to read as follows:
Section 239. Expenditures Not Named in Budget Must Not Be Allowed-Punishment for Violation. It shall be unlawful for any governing board or any member thereof of any school district or educational area to authorize, allow, or contract for any expenditure unless the money for the payment thereof has been specially set aside for such payment by the budget. Any member of any governing board of any public school, or any officer thereof, violating the provisions of this section shall be removed from office in a suit to be instituted by the district attorney of the county in cases of school districts or educational areas wherein such member of the governing board resides, upon the request of the attorney general or upon the complaint of any interested party.
Sec. 37. Section 240 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 195, is hereby amended to read as follows:
Section 240. Action in Cases of Emergency or Great Necessity. In case of great necessity or emergency the governing board of any school district or other educational area, by unanimous vote, by resolution reciting the character of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution the governing board shall publish notice of their intention to act thereon in a newspaper of general circulation in the county and school area affected for at least one (1) publication; and no vote may be taken upon such emergency loan resolution until fifteen (15) days after the publication of the notice. Upon unanimous adoption by any governing board of any emergency resolution, a certified copy thereof shall be forwarded to the state board of finance, for its approval, and no such resolution shall be effective until approved by the state board of finance and the resolution of the board of finance recorded in the minutes of the board; provided, that when in the judgment of the governing board of any city, town, school district, educational area, or irrigation district organized according to law, the fiscal affairs of such designated governmental agency can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of such designated governmental agency, the governing boards are authorized, after the emergency loan has been approved as provided above, to transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, of such designated governmental agency, money sufficient to handle the emergency; and provided further, that when such transfer is made the governing board of such designated governmental agency shall comply with the provisions of this school code, and when the emergency tax is thereafter collected, the amount so collected shall be immediately placed in the fund from which the loan was made; provided, however, in cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of the fund in the ordinary course of events, then the emergency tax need not be levied, collected, and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of this school code.
κ1955 Statutes of Nevada, Page 814 (CHAPTER 402, SB 267)κ
which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of the fund in the ordinary course of events, then the emergency tax need not be levied, collected, and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of this school code. Interest accounts come within the jurisdiction of the state board of finance and may be approved or disapproved in whole or in part by the board.
Sec. 38. Section 241 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 196, is hereby amended to read as follows:
Section 241. Notes or Short-Time Bonds, When. Whenever any governing board of any school district or other educational area shall be authorized to make an emergency loan as provided for in this chapter, they may issue as evidence thereof negotiable notes or short-time negotiable bonds. The negotiable notes or bonds shall mature not later than 3 years from the date of issuance, and shall bear interest not to exceed eight (8%) percent per annum and be redeemable at the option of such school district or other educational area at any time when money is available in the emergency tax fund hereinafter provided.
Sec. 39. Section 242 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 196, is hereby amended to read as follows:
Section 242. Tax to Pay Emergency Loans. It shall be the duty of every governing board of any school district or other educational district, at the first tax levy following the creation of any emergency indebtedness, to levy a tax sufficient to pay the same, which shall be designated school district............................emergency tax, the proceeds of which shall be deposited in an emergency fund in the county treasury of the county, in the cases of school districts or other educational areas, and shall be used solely for the purpose of redeeming the emergency loan for which the same is levied.
Sec. 40. Section 243 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 196, is hereby amended to read as follows:
Section 243. Publication of Budget Proper Charge Against School District. The cost of publication of any budget or notice required of any school district or other educational area shall be a proper charge against the fund of the school district in which the same is situated.
Sec. 41. Section 244 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 197, is hereby amended to read as follows:
Section 244. Tax Subject to Equalization. When any special school tax shall be levied, a budget showing the expenditures requiring such tax shall be filed with the board of county commissioners, and the tax shall be subject to equalization to conform to any increase or decrease in assessed valuation.
κ1955 Statutes of Nevada, Page 815 (CHAPTER 402, SB 267)κ
Sec. 42. Section 246 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 197, is hereby amended to read as follows:
Section 246. Board of Trustees-Body Corporate. The trustees of a school district shall constitute a board for such district to be known as the board of trustees of the particular district, naming it; and such board is hereby created a body corporate. The school district shall include all the area of a county, but when the trustees of two or more counties agree thereto in creating a joint district, a school district may encompass an area larger than a single county; in which case the trustees of the joint school district shall be elected or appointed in the same manner as school trustees are elected or appointed.
Sec. 43. Section 248 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 197, is hereby amended to read as follows:
Section 248. Number of Trustees. Each school district shall be governed by a board of trustees consisting of 5 or 7 members in accordance with the provisions of section 249.
Sec. 44. Section 249 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 197, is hereby amended to read as follows:
Section 249. Election of Trustees.
1. On May 2, 1955, the trustees of each school board having legal existence under the provisions of chapter 63, Statutes of Nevada 1947, shall meet at the county seat of the county in which the districts are contained. The place of meeting shall be designated by the president of the board of the district in which the county seat is located. Notice of the time and the place of the meeting shall be given by registered mail to each of the trustees in the county by the clerk of the board of the district in which the county seat is located, which notice shall be mailed at least 14 days prior to the meeting.
2. The purpose of the meeting of all trustees to be held on May 2, 1955, shall be to select, from among their number in the manner hereinafter provided, a county school board to serve until the first Monday in January, 1957.
3. In school districts having less than 7,000 school children enrolled on May 2, 1955, five trustees shall be elected as follows:
(a) Two residents of the county seat or adjacent territory.
(b) One nonresident of the county seat who is not a resident of any incorporated city within the county.
(c) One nonresident of the county seat.
(d) One resident of the county at large not a resident of the county seat, unless at least 80 percent of the residents of the county are residents of the county seat.
4. In school districts having 7,000 or more school children enrolled on May 2, 1955, seven trustees shall be elected as follows:
(a) Three residents of the county seat.
(b) Two nonresidents of the county seat.
(c) One nonresident of the county seat who is not a resident of an incorporated city within the county.
κ1955 Statutes of Nevada, Page 816 (CHAPTER 402, SB 267)κ
(d) One resident of the county at large, not a resident of the county seat.
5. Each board of trustees present at the meeting held May 2, 1955, shall be entitled to votes equal to the number of certified personnel each board then has in its employ.
6. The county board elected on May 2, 1955, shall have the power to employ a superintendent and other necessary employees, and shall prepare a budget for the fiscal year 1956, and shall do all other acts necessary to implement the operation of the public schools within the county district; provided, that in the districts having 7,000 or more students the superintendent shall have at least a masters degree in school administration or education. The trustees of the existing districts shall continue to hold office until July 1, 1956, but their powers shall not conflict with the powers of the county board. On July 1, 1956, the terms of the trustees of the former districts shall terminate, but they and their successors, who shall be appointed by the state superintendent of public instruction, shall serve in an advisory capacity to the county board or the joint district board having legal authority over their attendance area. The expenses of the county board shall, from May 2, 1955, to July 1, 1956, be prorated among existing school districts within the county on a pupil basis.
7. In school districts, other than joint school districts, having less than 7,000 school children enrolled prior to the general election to be held in 1956 the following trustees shall be elected at the general election of 1956:
(a) One resident of the county seat, for a 2-year term.
(b) One nonresident of the county seat and not a resident of any incorporated city within the county, for a 2-year term.
(c) One resident of the county seat or adjacent territory, for a 4-year term.
(d) One nonresident of the county seat, for a 4-year term.
(e) One resident of the county at large, not a resident of the county seat, unless at least 80 percent of the residents of the county are residents of the county seat, for a 4-year term.
Thereafter, at each general election the offices of school trustee shall be filled for 4-year terms in the order in which they expire, and all candidates shall have the qualifications of residence within the county required for the office for which they seek election.
8. In school districts, other than joint school districts, having 7,000 or more school children enrolled prior to the general election to be held in 1956 the following trustees shall be elected at the general election of 1956:
(a) Three residents of the county seat, two for terms of 2 years and one for a term of 4 years.
(b) Two nonresidents of the county seat, one for a term of 2 years and one for a term of 4 years.
(c) One nonresident of the county seat who is not a resident of any incorporated city within the county, for a term of 4 years.
(d) One resident of the county at large, for a term of 2 years.
Thereafter, at each general election the offices of school trustee shall be filled for 4-year terms in the order in which they expire, and all candidates shall have the qualifications of residence within the county required for the office for which they seek election.
κ1955 Statutes of Nevada, Page 817 (CHAPTER 402, SB 267)κ
be filled for 4-year terms in the order in which they expire, and all candidates shall have the qualifications of residence within the county required for the office for which they seek election.
(e) In joint school districts before the general election of 1956, representation on the joint board shall consist of one member from each county seat of the counties involved, one member not from any county seat or incorporated town, and the remaining members to be chosen at large.
9. The election of trustees of county boards held at the general election shall be governed by the provisions of the general election laws.
Sec. 45. Section 250 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 197, is hereby amended to read as follows:
Section 250. Officers of Board; Salaries. Each person elected as provided in this school code shall enter upon the duties of his office on the first Monday in January next following his election, and shall hold office until his successor is elected and qualified. If at any time a vacancy shall occur on a board, the superintendent of public instruction shall appoint a member for the unexpired term. Each member of the board of trustees, whether elected or appointed, shall file with the deputy superintendent of public instruction a copy of the official oath of office, which copy shall be accompanied by his statement showing the term for which the member has been elected or appointed. On the first Monday in January next following the election, or in May, 1955, for the first county board, the board of trustees shall organize be selecting one of its members as president and one of its members or a qualified person as clerk of the board. A record of such organization of the board shall be entered in the minutes, together with the salary to be paid the clerk as hereinafter provided. Immediately after organization the clerk of the board of trustees shall file with the deputy superintendent of public instruction of the supervision district and the county auditor the names of the president and the clerk of the board, together with the names of all members of the board. The clerk of the board may receive such salary as the board may allow, but the salary shall not exceed $40 a month except that if the average daily attendance for the immediately preceding school year of the pupils between 6 years and 18 years attending school in the district is more than 1,000, the clerk of the board may receive a salary of not to exceed $80 a month. The clerk of the board shall keep the minutes of all the meetings and transactions of the board, and subject to the written direction of the board, shall draw all orders for the payment of the moneys belonging to the school district. No order of the board of trustees shall be valid unless signed by at least a majority of the board. A majority of the members of the board shall constitute a quorum for the transaction of business.
Sec. 46. Section 251 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 198, is hereby amended to read as follows:
Section 251. Traveling Expenses of County Boards. Members of boards of trustees shall be allowed their traveling expenses at the rate authorized by law for state officers in traveling each way between their homes and the place where board meetings are held, and shall be allowed their actual living expenses necessarily incurred while in attendance at such board meetings at the rate authorized by law for state officers while in actual attendance, which mileage and per diem shall be allowed and paid in like manner as other claims against the school fund; but no mileage or per diem for living expenses shall be allowed or paid to members residing not more than 5 miles from the place where school board meetings are held.
κ1955 Statutes of Nevada, Page 818 (CHAPTER 402, SB 267)κ
rate authorized by law for state officers in traveling each way between their homes and the place where board meetings are held, and shall be allowed their actual living expenses necessarily incurred while in attendance at such board meetings at the rate authorized by law for state officers while in actual attendance, which mileage and per diem shall be allowed and paid in like manner as other claims against the school fund; but no mileage or per diem for living expenses shall be allowed or paid to members residing not more than 5 miles from the place where school board meetings are held.
Sec. 47. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 265.1 and which shall read as follows:
Section 265.1. Candidates for Trustees. In all school districts each candidate for the office of school trustee shall have his name filed with the county clerk of the county in accordance with the general election laws of the state, the designation of the term of office for which he is a candidate, and no name shall be placed upon the ballot unless filed within the time provided by the election laws of this state.
Sec. 48. Section 273 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 204 is hereby amended to read as follows:
Section 273. Vote of Majority of Board Necessary to Legalize Action. No action of the board of school trustees in any school district shall be valid unless such action shall receive the approval of a majority of the members of such board at a regularly called meeting. The clerk of the board shall give notice of each meeting to each member of the board of trustees, specifying the time, place and purpose of each meeting; provided, that if all members of such board are present at such meeting the lack of such notification shall not invalidate its proceedings.
The board of school trustees shall hold a regular meeting at least once each month, at such time and place as it shall determine.
Sec. 49. Section 274 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 204, as last amended by chapter 348, Statutes of Nevada 1953, at page 636, is hereby amended to read as follows:
Section 274. Powers and Duties of School Trustees. Boards of trustees of school districts in this state shall have the following powers and duties:
1. To buy or sell any schoolhouse or schoolhouse site directed to be bought or sold by a vote of the registered electors of the school district; provided, that in school districts in which there shall be fewer than ten (10) families with resident children of school age, no schoolhouse or schoolhouse site shall be sold without the approval of the superintendent of public instruction or the deputy superintendent of public instruction of that educational supervision district;
2. To build, purchase or rent schoolhouses when directed to do so by a vote of the registered electors, and to equip and supply the same with all things necessary for the successful operation of the schools of the district.
κ1955 Statutes of Nevada, Page 819 (CHAPTER 402, SB 267)κ
of the district. The board of trustees shall first obtain the approval of any plans for the construction of any school building from the state planning board before construction is begun. The board of trustees without such vote, shall make necessary repairs in any school buildings when the expense of such repairs will not exceed one thousand ($1,000) dollars; provided, that in districts with 500 or more students enrolled, the board of trustees may make all necessary repairs without a vote of the electors. No public schoolhouse shall be erected in any school district until the plan of the same has been submitted to and approved by the deputy superintendent of public instruction. The county auditor shall draw no warrant in payment of any bill for the erection of such new schoolhouse until notified by the deputy superintendent of public instruction that the plans for the said new schoolhouse have received his approval; notwithstanding the foregoing provisions of this paragraph, bids must be advertised for all contracts over one thousand dollars ($1,000), as provided in section 286 of this school code;
3. To change the location of schools or schoolhouse sites;
4. To call meetings of the registered electors of the school district in order to secure by vote the authority to procure or sell schoolhouse sites, or to erect, purchase, sell, hire, or rent schoolhouses for the use of the district. Whenever the trustees shall decide to hold such meeting, they shall give at least ten (10) days notice by posting at least three (3) notices of such meeting in three (3) conspicuous places within the district. One (1) of such notices shall be posted on the school grounds. The notices shall contain the time, place and purpose of the meeting. The president of the board shall call such meeting to order and shall preside over the deliberations of the same. The clerk of the board shall keep a record of the proceedings of such meeting in a book kept especially for that purpose. In case of absence of either the president or the clerk of the board at such meeting, the registered electors assembled shall proceed to elect a president pro tem or a temporary clerk, as the case may be. All questions placed before the meeting shall be determined by ballot or by taking the ayes and noes as the meeting shall decide;
5. To manage and control the school property within their districts; and to pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury at the end of each month to be placed to the credit of their district;
6. To cause to be constructed at least two (2) suitable convenient toilets for each of the schools under their charge, which shall be approved by the state board of health. In case of failure or neglect on the part of trustees to provide toilets in accordance with the provisions of this section, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such toilets to be built, and to pay for the same by drawing his order on the county auditor on the funds of the district, and the auditor shall draw his warrant upon the county treasurer in payment of the same;
7. To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of education, for their own government and government of schools under their charge, and to transact their business at regular or special meetings, called for such purpose, notice of which shall be given each member;
κ1955 Statutes of Nevada, Page 820 (CHAPTER 402, SB 267)κ
their business at regular or special meetings, called for such purpose, notice of which shall be given each member;
8. To keep the public school buildings in their charge in such repair as is necessary for the comfort and health of pupils and teachers, and in case of neglect to do so, the deputy superintendent of public instruction shall have power, and it shall be his duty, to cause such needed repairs to be made, and to pay for the same by drawing his order upon the county auditor on the funds of the district, and the auditor shall draw a warrant upon the county treasurer in payment of the same; provided, that the cost of such repair shall not exceed $500;
9. To have the custody and safekeeping of the district schoolhouses, their sites and appurtenances;
10. To insure for a reasonable amount the schoolhouses, furniture and school apparatus in some company authorized by law to transact business in the State of Nevada, and to comply with the conditions of the policy;
11. To employ legally qualified teachers, to determine the salary to be paid and the length of the term of school for which teachers shall be employed, embodying these conditions in a written contract to be signed by the president and the clerk of the board or by a majority of the trustees and the teacher, and a copy of the said contract properly written shall be delivered to each teacher not later than the opening of the term of school; provided, that the trustees shall not have the right to employ teachers for any school year commencing after the time for which any member of the board of trustees was elected or appointed. The salaries of teachers shall be determined by the character of the service required, and in no district shall there be any discrimination in the matter of salary as against female teachers; provided, that it shall be unlawful for the board of trustees of any school district to employ any teacher not legally qualified to teach all the grades of the school for which such teacher is engaged to teach or to pay teachers salaries in advance of the time when earned; and provided further, that notice of reemployment of teachers must be given in accordance with the provisions of section 319 of this school code;
12. To pay toward the salaries of legally qualified teachers the public moneys apportioned to districts for such purpose, by giving them orders therefor on the county auditor; provided, that boards of school trustees are hereby authorized to deduct from the teachers salaries upon written request of such teachers, moneys for the payment of group health, or other group insurance of any kind.
13. The governing body of any school district may, with the approval of the deputy superintendent of public instruction in the supervision district in which the school district is located, admit to the school or schools of the district pupil or pupils living in an adjoining state or in a district within this state, or it may pay tuition for pupils residing in the district but who attend school in an adjoining state or in a district within this state. An agreement shall be entered into between the governing board of the district in which the pupil or pupils reside and the governing board of the district in which the pupil or pupils attend school providing for the payment of such tuition as may be agreed upon; provided, that the amount of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil in the school which such pupil or pupils attend school and it is further provided, that transportation costs, if any, shall be paid by the governing board of the district in which the pupil or pupils reside.
κ1955 Statutes of Nevada, Page 821 (CHAPTER 402, SB 267)κ
pupils attend school providing for the payment of such tuition as may be agreed upon; provided, that the amount of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil in the school which such pupil or pupils attend school and it is further provided, that transportation costs, if any, shall be paid by the governing board of the district in which the pupil or pupils reside.
14. Where daily student transportation is not practical or economical, a school board may provide funds in lieu of transportation as the board may deem advisable, such funds to be paid to the parents or guardians of such students to help defray the costs of board, lodging and subsistence of a student or students in a town having a public school that is reasonably near the permanent residence of such a parent or guardian; provided that such funds may be paid only if the parents or guardians have been residents in the area for a period of time to be set by the board, and provided that such agreement must be approved by the deputy superintendent of public instruction of that educational supervision district.
15. The trustees of each of the several school districts of the state with the approval of the deputy superintendent of public instruction of the educational supervision district in which the district is located may set up a new attendance area in their district where none is in existence; where there are at least 7 elementary children or 15 high school children in the area and transportation to an existing school is not feasible or practical. A school attendance area shall be abolished when such trustees act according to the powers granted them in paragraph 11 of section 275.
16. The school trustees are empowered to provide for the rental, purchase or erection of a suitable dormitory or dormitories and dining hall for high school students, and to provide for the support, maintenance and management of the same, but shall not furnish board, lodging, support and maintenance of such students at any other place than in such regularly established dormitories and dining halls. The dormitory or dormitories and dining hall shall be considered part of the regular school equipment and organization where so provided.
17. Whenever the attendance of any school child or school children is the determining factor in the organization of a school attendance area, such child must be a resident child or such children must be resident children within the meaning of this school code before any such school district shall be entitled to receive any apportionment of public school money. The term resident child or resident children as used in this school code shall be defined in such a way as to include: (1) All normal children between the ages of 6 and 18 years who have actually resided in the school district with a parent or parents, guardian or guardians for a period of at least 3 months. The term resident children or resident child is further defined in such a way as to exclude all children residing in the district who have already completed the grades in that school. (2) All children whose parents or guardians reside or have their homes outside the state or in any other school district within the state.
κ1955 Statutes of Nevada, Page 822 (CHAPTER 402, SB 267)κ
18. The trustees of any school district, with the approval of the state board of finance, may accumulate a fund for a period of time not to exceed 10 years for the purpose of constructing or making additions to an elementary school, a junior high school or a high school, by the levy of an annual special tax not to exceed 35 cents on each $100 of assessed valuation of property within the school district. All moneys collected from such special tax shall be placed in a fund with the county treasurer to be known as the............school district building reserve fund. Any moneys in the fund at the end of the fiscal year shall not revert to the general school fund nor shall it be a surplus for any other purpose than those specified and for which the levies were made. No sum shall be budgeted for a reserve fund by any school district which shall have the effect of depriving an incorporated city of the benefit of its maximum statutory tax rate without the consent of the governing board of the city.
Sec. 50. Section 275 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 207, is hereby amended to read as follows:
Section 275. Further Powers and Duties of School Trustees. Boards of trustees of school districts in this state shall have the following further powers and duties:
1. To provide at least six (6) months of free school in the district under their charge.
2. To maintain at least nine (9) months of school in the school district during each and every school year, if funds are made available therefor.
Whenever there shall be sufficient money to the credit of any school district to pay the expenses of maintaining a school for nine (9) months in any school year, and the trustees shall for any reason neglect to provide for the said nine (9) months of school, the deputy superintendent of public instruction shall take such steps as may be necessary to prolong and maintain the school for at least nine (9) months. He shall draw his order on the county auditor and the county auditor shall draw his warrant on the county treasurer in payment of all expenses incurred in prolonging school as provided in this section;
3. To administer all oaths pertaining to teachers and school trustees, whether of the same school district or of any other school district in the State of Nevada; provided, that all principals or superintendents may administer the oath of office to teachers in their respective districts;
4. To divide the public schools within their districts into kindergarten, primary, grammar, and high school departments, and to employ competent and legally qualified teachers for the instruction of the different departments whenever they shall deem such division into departments necessary; provided, that such division into departments shall be in accordance with the state courses of study and all rules and regulations of the department of education; and provided further, that there shall be money for all such departments, and if not, then the division shall be in the order in which they are herein named, excepting the kindergarten department, which shall not be considered as taking precedence over any other department; and provided also, that the kindergarten department shall not be established in any attendance area having a school population of less than one hundred (100) resident children of school age;
κ1955 Statutes of Nevada, Page 823 (CHAPTER 402, SB 267)κ
as taking precedence over any other department; and provided also, that the kindergarten department shall not be established in any attendance area having a school population of less than one hundred (100) resident children of school age;
5. To suspend or expel from any public school within their district, with the advice of the teachers and deputy superintendent of public instruction, any pupil who will not submit to reasonable and ordinary rules of order and discipline therein, and to exclude from school all children under six (6) years of age when the interests of the school require to be done; provided however, that under no circumstances shall any school teacher or principal or board of trustees be authorized to expel any pupil under the age of fourteen (14) years for any cause without first securing the consent of the deputy superintendent of public instruction;
6. To enforce in schools the courses of study and the use of textbooks prescribed and adopted by the proper authority;
7. To visit every school in their district at least once in each term, and examine carefully into its management, condition and wants. This clause shall apply to each and every member of the board of trustees;
8. To furnish writing and drawing paper, pens, inks, blackboards, erasers, crayons and lead pencils, and other necessary supplies for the use of the schools, and charges therefor must be audited and paid as other claims against the district school fund are audited and paid;
9. To make or cause to be made an annual report, on or before the first day of July, to the deputy superintendent of public instruction, in the manner and form and on the blanks prescribed by the superintendent of public instruction;
10. To enforce needful sanitary regulations, to make and enforce such rules for preventing the spread of contagious and infectious diseases as they may deem necessary, and to pay out of the public school funds any expenses incurred by them in enforcing such regulations and rules among indigent children;
11. In any school district having and maintaining more than one (1) school offering instruction in the same grade or grades, to zone the district and to determine which children shall attend each school;
12. To accept on behalf of and for the school district any gift or bequest of money or property for a purpose deemed by said board to be suitable; and to utilize such money or property for the purpose so designated.
13. The board of school trustees of every school district in the state may, upon the approval of the deputy superintendent of public instruction in that educational supervision district, establish, equip and maintain a kindergarten or kindergartens in such school district attendance areas upon petition of the parents or guardians of 25 or more resident children who will be eligible to attend such kindergarten under the provisions of this subsection, and no child shall be eligible to attend such kindergarten who will not reach the age for his enrollment in the first grade the following school year under the provisions of section 1 of this school code. The board of school trustees of every such school district in which such kindergarten is to be established under the provisions of this school code shall budget for such purposes by including such costs in their next regular budget for schools of their district.
κ1955 Statutes of Nevada, Page 824 (CHAPTER 402, SB 267)κ
under the provisions of this school code shall budget for such purposes by including such costs in their next regular budget for schools of their district. If the average daily attendance of any kindergarten in any school district shall be 20 or less for the school year the board of school trustees or such school districts shall, at the close of that school year, discontinue the kindergarten.
Sec. 51. Section 277 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 210, is hereby amended to read as follows:
Section 277. Sale or Lease of School Property. Boards of school trustees in this state, are hereby authorized to sell or lease any real property belonging to their respective districts, whether acquired by purchase, dedication, or otherwise.
Sec. 52. Section 282 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 210, is hereby amended to read as follows:
Section 282. Same, Appraisal To Be Approved. After receiving the report of the appraisers as hereinabove provided, such school board shall, before making a sale or lease, pass a resolution approving said appraisal and directing notice of sale. The resolution, together with a notice fixing the time and place within the district at which a public meeting of such school board will be held to consider the report of the appraisers and the sale or lease of the real property described in the resolution, shall be published in a newspaper in the county in which the said district is located once a week for two (2) weeks and posted in three (3) conspicuous places within the district where the real property is situated for ten (10) days prior to the meeting.
Sec. 53. Section 282 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 211, is hereby amended to read as follows:
Section 283. Same, Duties of Board of Trustees. At the time and place fixed in the notice so given, the school board shall meet and consider such sale or lease, at which meeting any taxpayer or patron of said school district or any person interested shall be entitled to be heard. If in the opinion of such school board it is necessary or for the best interests of said district to sell said property, either at public or private sale as may be determined by the board, it shall set a time for the sale, and appoint some proper person to conduct the same, and shall order notice given thereof by publication in a newspaper in the county in which the said district is situated, or posting in three (3) conspicuous places within the district where said real property is situated, for ten (10) days prior to the time fixed for said sale. If sold at public sale, the same shall be sold to the highest and best bidder for cash; all moneys received from rentals or sale of the real property hereinbefore mentioned shall be forthwith deposited in the office of the county treasurer to the credit of the school district which sold or leased its property.
Sec. 54. Section 284 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 211, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 825 (CHAPTER 402, SB 267)κ
Statutes of Nevada 1947, at page 211, is hereby amended to read as follows:
Section 284. Same, Board to Execute Title; Proviso. The school board of the district hereinbefore mentioned owning such real property may thereupon consummate such sale or lease by executing, acknowledging, and delivering such instruments as are necessary to convey title or demise such property; provided, however, that no sale of such real property shall be made for less than the value as fixed by the board of appraisers.
Sec. 55. Section 285 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 211, is hereby amended to read as follows:
Section 285. No School Improvement in Excess of Five Thousand ($5,000) Dollars Without Popular Election-Exception. Notwithstanding the provisions of chapter 31 of this school code, no school site shall be purchased nor any schoolhouse erected or repaired at a greater expense than five thousand ($5,000) dollars unless the same is first authorized by a majority vote of the school district cast at a school election called and held as provided by the law governing school elections; provided, that in any school district having five hundred (500) or more school children enrolled, as shown in the last preceding annual report of such school district, the school trustees thereof, without vote of the electors of the school district: (1) May purchase any school site that they may deem advantageous to the future use of the school district or repair any building or equipment. Any funds accumulating to the credit of any school district in accordance with the provisions of this section may be placed on interest until needed by the school district under such arrangements as are approved by the state board of finance.
Sec. 56. Section 287 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 212, is hereby amended to read as follows:
Section 287. Contract Awarded Lowest and Best Bidder. In all cases where more than $1,000 is to be expended upon the erection of any school building, or upon the repair or addition to any school building, or upon the purchase of school furniture, the trustees shall award the contract for such work to the person making the lowest and most satisfactory firm offer for the contract; provided, if, after advertisement for bids as herein provided has been twice had, and no satisfactory bid is received, the trustees may receive proposals and enter into a contract on the basis of such proposals for the construction of said school building on a cost-plus-a-fee basis, without further advertising.
Sec. 57. Section 293 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 213, is hereby amended to read as follows:
Section 293. Schools To Be Maintained With Equal Rights and Privileges. The boards of school trustees must, when feasible, maintain all the schools established by them for an equal length of time during the year and, as far as practicable, with equal rights and privileges.
κ1955 Statutes of Nevada, Page 826 (CHAPTER 402, SB 267)κ
Sec. 58. Section 294 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 213, is hereby amended to read as follows:
Section 294. Clerks to Issue Orders for Warrants. It shall be the duty of the clerk of the school board for each school, subject to the direction of said board, to draw all orders for the payment of moneys belonging to his district, and such orders, when signed by the president and clerk of the board or by a majority of the said school board, shall be valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of the funds belonging to such school; provided, no order in favor of the school board or of any member thereof, except for legally authorized travel expenses of board members or for services of any member as clerk thereof, shall be drawn. Any money received by a school district as insurance from property loss shall be deposited with the county treasurer to the credit of the school district in a special fund and expended in the manner provided by law and for the repair, rebuilding, or replacement of the property so damaged or destroyed, without special budgetary provision for such expenditure.
Sec. 59. Section 305 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 217, is hereby amended to read as follows:
Section 305. Composition of State Board for Vocational Education. The state board for vocational education shall consist of the state board of education.
Sec. 60. Section 319 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 220, is hereby amended to read as follows:
Section 319. School Boards to Notify Teachers of Reemployment-Proviso. It shall be the duty of school boards of the several districts to notify in writing the teachers in their employ on or before the 1st day of May of each year concerning the reemployment of such teachers for the ensuing year. In case the board through its proper official shall fail so to notify its teachers, then those teachers who are employed and who have been so employed for the major part of the current year shall be deemed reelected on the same terms as for the then closing school year, and the board shall issue the regular contract in such cases as though the board had elected said teachers in the usual manner; provided, that any teacher who shall have been informed of his reelection by written notice from the board, or who shall have been automatically reelected in accordance with the provisions of this section, in either event shall, within ten (10) days thereafter, present to the board in writing his or her acceptance of the position; and provided further, that failure on the part of the teacher to notify the board of his or her acceptance as herein provided shall be regarded as conclusive evidence of his nonacceptance of the position.
Sec. 61. Section 320 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 220, is hereby amended to read as follows:
Section 320. Teacher Must Be Legally Employed. No teacher shall be entitled to receive any portion of the public school moneys as compensation for services rendered unless such teacher shall have been legally employed by the school board in which he or she is teaching nor unless such teacher shall have a certificate issued in accordance with law, in full force and effect at the time such service is rendered, nor unless such teacher shall have made a full, true, and correct report, in the form and manner prescribed by the state board of education, to the superintendent of public instruction and to the school board.
κ1955 Statutes of Nevada, Page 827 (CHAPTER 402, SB 267)κ
shall be entitled to receive any portion of the public school moneys as compensation for services rendered unless such teacher shall have been legally employed by the school board in which he or she is teaching nor unless such teacher shall have a certificate issued in accordance with law, in full force and effect at the time such service is rendered, nor unless such teacher shall have made a full, true, and correct report, in the form and manner prescribed by the state board of education, to the superintendent of public instruction and to the school board.
Sec. 62. Section 321 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 221, is hereby amended to read as follows:
Section 321. School Officers to Administer Oaths. The superintendent of public instruction and the deputy superintendents of public instruction and any member of a school board and superintendents of schools and school principals are hereby authorized to administer to teachers the oath of office (or affirmation) contained in the first succeeding section hereof, and all other oaths, affirmations, or affidavits relating to public schools.
Sec. 63. Section 323 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 221, is hereby amended to read as follows:
Section 323. Duties of Teacher. Every teacher in the public schools shall:
1. Upon opening of any public school in this state, file with the deputy superintendent of public instruction, a Nevada teachers certificate entitling the holder to teach in the school in which he shall be employed, together with said oath of office, and any other report that the superintendent of public instruction shall require. The deputy superintendent shall acknowledge the receipt of each teachers certificate and shall make proper record of the same in his office. The teachers certificate shall remain on file and be safely kept in the office of the deputy superintendent;
2. Two (2) weeks before closing the school, make a final report in the manner and on the blank forms prescribed by the superintendent of public instruction. The final report shall include all required statistics and information for the entire school year, notwithstanding any previous report for a part of the year. The teacher shall make fair estimates of the statistics and information of the last two weeks in order to close the final report. Upon receipt of the teachers final report, the deputy superintendent shall, if he approve such report as correct, notify the clerk of the school district from which the report comes that the teachers final report as required by law has been received, and the clerk of the board shall then, but not until then, draw the trustees order in payment for the teachers last months salary. Any trustees orders drawn in violation of the provisions of this school code shall be illegal;
3. Keep a true, full, and correct record of all pupils attending such school in accordance with the registers prescribed by the superintendent of public instruction, and teachers shall make other reports of such records at such times and to such school officers as the superintendent of public instruction shall designate.
κ1955 Statutes of Nevada, Page 828 (CHAPTER 402, SB 267)κ
of public instruction shall designate. All school registers shall be delivered to the school board at the close of every school term;
4. Enforce the course of study as prescribed by law, the use of legally authorized textbooks, and the rules and regulations prescribed for teachers and schools;
5. Hold pupils to a strict account of their conduct on and in close proximity to the school grounds, on the playground and during any intermission; provided, however, that no school teacher or principal, or board of trustees, shall expel or suspend any pupil under the age of fourteen (14) years for any cause without first securing the consent of the deputy superintendent of public instruction.
Sec. 64. Section 347 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 227, is hereby amended to read as follows:
Section 347. Suspension or Revocation by State Board of Education. The state board of education may suspend or revoke the certificate or diploma of any teacher for any cause specified by law.
Sec. 65. Section 413 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 254, is hereby amended to read as follows:
Section 413. Apportionment of District School Library Fund. The trustees of each school district shall annually expend for library books at least $1 for each child each year with a minimum of $10 for any school.
Sec. 66. Section 422 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 256, is hereby amended to read as follows:
Section 422. Sectarian Literature Prohibited. No books, tracts, or papers of a sectarian or denominational character shall be used or introduced in any schools established under the provisions of this school code; nor shall any sectarian or denominational doctrines be taught therein. No school violating any of the provisions of this section shall receive any public school funds.
Sec. 67. The following sections of chapter 63, Statutes of Nevada 1947, are hereby expressly repealed:
6, 16, 30, 31, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43, 44, 46 to 53, inclusive, 54 to 57, inclusive, 61, 62 to 65, inclusive, 66 to 73, inclusive, 74 to 81, inclusive, 82 to 86, inclusive, 87 to 88, inclusive, 89, 109 to 119, inclusive, 120 to 127, inclusive, 128 to 134, inclusive, 135 to 137, inclusive, 138 to 151, inclusive, 152 to 159, inclusive, 162, 163 1/2, 201 to 205, inclusive, 208, 225, 226, 227 to 235, inclusive, 252 to 265, inclusive, 266 to 270, inclusive, 272, 329, 339 to 344, inclusive, 402, 427, 424, 428, 432, 435 to 442, inclusive, and 447.
Sec. 68. The provisions of this act shall be liberally construed to effectuate the purposes of this act which is to effect consolidation of existing school districts into county school districts.
Sec. 69. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 16.5, which shall immediately follow section 16 and shall read as follows:
κ1955 Statutes of Nevada, Page 829 (CHAPTER 402, SB 267)κ
Section 16.5. State Department of Education.
1. A state department of education is hereby created, to function under the direction and control of the state board of education, of which the superintendent of public instruction shall be the executive head.
2. The state department of education shall consist of the state board of education, the state board for vocational education, the state textbook commission, and such other agencies and officers as are added by law to the state department of education and the administrative organizations and staffs required for the performance of their functions.
3. All administrative functions of the state board of education and of the superintendent of public instruction shall be exercised through the state department of education, and the department shall exercise all administrative functions of the state relating to supervision, management and control of schools not conferred by law on some other agency.
4. Establishment of the state department of education shall not affect the exercise of any educational function now conferred by law upon any other state agency or officer.
5. As executive head of the state department of education, the superintendent of public instruction shall perform duties prescribed by law and also:
(a) Execute, direct and supervise all administrative and technical activities of the department in accord with the policies prescribed by the state board of education.
(b) Employ such personnel as is approved by the state board of education and as is necessary for efficient operation of the department.
(c) Be responsible for organizing the department in a manner which will assure efficient operation and service.
(d) Be responsible for maintaining liaison and coordinating activities with other state agencies exercising educational functions.
Sec. 69.1. The terms of office of all school trustees which expire in March 1956 shall extend to July 1, 1956, the provisions of any other law notwithstanding.
Sec. 70. All sections of this act shall become effective upon July 1, 1956, except section 69 hereof which shall become effective on passage and approval of this act, and sections 44, 45, 46 and 69.1 hereof which shall become effective on May 1, 1955.
________
κ1955 Statutes of Nevada, Page 830κ
Senate Bill No. 241Committee on Judiciary
CHAPTER 403
AN ACT to amend an act entitled An Act to establish a state board of pardon and parole commissioners; providing for a chief state parole and probation officer together with assistant parole and probation officers and other employees; providing salaries, including traveling and other expenses; providing duties for said personnel; providing a system of probation for defendants in criminal actions found guilty thereof in the district courts; providing that such courts may fix definite terms of imprisonment; providing for modification of probation; providing for a system of withdrawing pleas of guilty upon termination of probation period; providing for an appropriation therefor, and other matters properly relating thereto, approved March 23, 1951.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 320, Statutes of Nevada 1951, at page 528, is hereby amended to read as follows:
Section 3. The board shall appoint a chief parole and probation officer, who shall be in the unclassified service of the state. With the approval of the board and within the limits of the appropriations for the enforcement of this act, the chief parole and probation officer may appoint a sufficient number of assistant parole and probation officers and other employees required to administer the provisions of this act, but no employee of the board shall be appointed except in the manner hereinafter provided. The board shall supervise the activities of the chief parole and probation officer. The board shall provide suitable office quarters, supplies and equipment in order to maintain the principal office of the chief parole and probation officer which shall be maintained in Carson City, Nevada.
Sec. 2. Section 5 of the above-entitled act, being chapter 320, Statutes of Nevada 1951, at page 528, is hereby amended to read as follows:
Section 5. The chief parole and probation officer and the assistant parole and probation officers and employees of the board shall be paid such salaries as the board shall determine within the total appropriation therefor, and shall be reimbursed for their actual and necessary traveling and other expenses, in accordance with law. The compensation, salaries and expenses of the chief parole and probation officer, assistant parole and probation officers and employees shall be paid upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
Sec. 3. Section 8 of the above-entitled act, being chapter 320, Statutes of Nevada 1951, at page 529, is hereby amended to read as follows:
Section 8. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of first or second degree, kidnapping, robbery, lewdness, or rape, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as to the judge thereof shall deem advisable; but the district judge shall not grant probation until a written report is received by him from the chief parole and probation officer except that when the defendant is a bona fide resident of the county the district judge may grant probation without a written report of the chief parole and probation officer and the district judge shall state the fact of the defendants residence in the transcript forwarded to the chief parole and probation officer.
κ1955 Statutes of Nevada, Page 831 (CHAPTER 403, SB 241)κ
the district judge shall not grant probation until a written report is received by him from the chief parole and probation officer except that when the defendant is a bona fide resident of the county the district judge may grant probation without a written report of the chief parole and probation officer and the district judge shall state the fact of the defendants residence in the transcript forwarded to the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 10 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 10 days the district judge may grant probation without the written report. Upon the granting of such probation the court shall have full power to fix the terms and conditions thereof in the order therefor; provided, that in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer. The court shall also upon the entering of the order of probation or suspension of sentence, as provided for in this act, direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
Sec. 4. Section 23 of chapter 295, Statutes of Nevada 1953, at page 468, entitled An Act providing for salaries of elective state officers; providing for salaries, compensation and employment of other officers and employees in the various state offices, departments, boards, commissions and agencies of the State of Nevada; repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 27, 1953, is hereby expressly repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 223Senator Crumley
CHAPTER 404
AN ACT providing for the remodeling and addition of wings to the agricultural extension and Hatch buildings at 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. Provision is hereby made for the construction, reconstruction, remodeling, furnishings and equipment of the agricultural extension and Hatch buildings, and additional wings thereof, on the campus of the University of Nevada, at Reno; to provide for the work and materials incidental thereto, and for the payment of the same as hereinafter provided.
κ1955 Statutes of Nevada, Page 832 (CHAPTER 404, SB 223)κ
extension and Hatch buildings, and additional wings thereof, on the campus of the University of Nevada, at Reno; 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 agricultural extension and Hatch buildings construction fund.
Sec. 3. 1. To provide the agricultural extension and Hatch buildings 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 $470,000.
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 94, 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.
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 agricultural extension and Hatch buildings construction fund herein created.
κ1955 Statutes of Nevada, Page 833 (CHAPTER 404, SB 223)κ
placed in the agricultural extension and Hatch buildings construction fund herein created.
6. All bonds issued shall be redeemed and paid in accordance with the following schedule; but, in any event, all such bonds shall be redeemed and paid within 20 years from the date of passage of this act.
REDEMPTION SCHEDULE
Retirement Bond Number
date numbers of bonds At Amount
January 1, 1956..................... 1-2 2 $5,000.00 $10,000.00
July 1, 1956........................... 3-4-5 3 5,000.00 15,000.00
January 1, 1957..................... 6-7 2 5,000.00 10,000.00
July 1, 1957........................... 8-9-10 3 5,000.00 15,000.00
January 1, 1958..................... 11-12 2 5,000.00 10,000.00
July 1, 1958........................... 13-14-15 3 5,000.00 15,000.00
January 1, 1959..................... 16-17 2 5,000.00 10,000.00
July 1, 1959........................... 18-19-20 3 5,000.00 15,000.00
January 1, 1960..................... 21-22 2 5,000.00 10,000.00
July 1, 1960........................... 23-24-25 3 5,000.00 15,000.00
January 1, 1961..................... 26-27 2 5,000.00 10,000.00
July 1, 1961........................... 28-29-30 3 5,000.00 15,000.00
January 1, 1962..................... 31-32 2 5,000.00 10,000.00
July 1, 1962........................... 33-34-35 3 5,000.00 15,000.00
January 1, 1963..................... 36-37 2 5,000.00 10,000.00
July 1, 1963........................... 38-39-40 3 5,000.00 15,000.00
January 1, 1964..................... 41-42 2 5,000.00 10,000.00
July 1, 1964........................... 43-44-45 3 5,000.00 15,000.00
January 1, 1965..................... 46-47 2 5,000.00 10,000.00
July 1, 1965........................... 48-49-50 3 5,000.00 15,000.00
January 1, 1966..................... 51-52 2 5,000.00 10,000.00
July 1, 1966........................... 53-54-55 3 5,000.00 15,000.00
January 1, 1967..................... 56-57 2 5,000.00 10,000.00
July 1, 1967........................... 58-59-60 3 5,000.00 15,000.00
January 1, 1968..................... 61-62 2 5,000.00 10,000.00
July 1, 1968........................... 63-64-65 3 5,000.00 15,000.00
January 1, 1969..................... 66-67 2 5,000.00 10,000.00
July 1, 1969........................... 68-69-70 3 5,000.00 15,000.00
January 1, 1970..................... 71-72 2 5,000.00 10,000.00
July 1, 1970........................... 73-74-75 3 5,000.00 15,000.00
January 1, 1971..................... 76-77 2 5,000.00 10,000.00
July 1, 1971........................... 78-79-80 3 5,000.00 15,000.00
January 1, 1972..................... 81-82 2 5,000.00 10,000.00
July 1, 1972........................... 83-84 2 5,000.00 10,000.00
January 1, 1973..................... 85-86 2 5,000.00 10,000.00
July 1, 1973........................... 87-88 2 5,000.00 10,000.00
January 1, 1974..................... 89-90 2 5,000.00 10,000.00
July 1, 1974........................... 91-92 2 5,000.00 10,000.00
January 1, 1975..................... 93-94 2 5,000.00 10,000.00
_____ _____________
94 $470,000.00
κ1955 Statutes of Nevada, Page 834 (CHAPTER 404, SB 223)κ
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 agricultural extension and Hatch buildings construction fund shall be used for any purpose or purposes other than to construct, reconstruct, remodel, equip and furnish such buildings and wings added thereto.
Sec. 5. The costs and expenses of the construction, reconstruction, remodeling, addition of wings, 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 $470,000.
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, reconstruction, remodeling, additions, 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 buildings 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 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 agricultural extension and Hatch buildings 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.
κ1955 Statutes of Nevada, Page 835 (CHAPTER 404, SB 223)κ
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 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 buildings, furnishings and equipment and payment therefor, the agricultural extension and Hatch buildings 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 passage and approval.
________
Senate Bill No. 65Senators Whitacre, Brown, Seevers and Munk
CHAPTER 405
AN ACT to amend an act entitled An Act concerning minors adjudged delinquent, providing for the administration and organization of the Nevada school of industry, repealing an act in conflict herewith, and other matters relating thereto, approved March 21, 1953.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 197, Statutes of Nevada 1953, at page 230, is hereby amended to read as follows:
Section 6. The superintendent of the school shall be appointed by and be responsible to the governor, and he shall serve at the pleasure of the governor. He shall reside on the school grounds in quarters to be furnished by the school. Except as otherwise provided by law, his only compensation shall be an annual salary which shall be an amount as provided by law. He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 2. Section 12 of the above-entitled act, being chapter 197, Statutes of Nevada 1953, at page 231, is hereby amended to read as follows:
Section 12. Funds to carry out the provisions of this act shall be provided by legislative appropriation from the general fund, and shall be paid out on claims as other claims against the state are paid.
κ1955 Statutes of Nevada, Page 836 (CHAPTER 405, SB 65)κ
be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid. The court may order, when committing a minor to the care, custody, and control of the school of industry, the expense of his support and maintenance be paid in whole or in part by his parent, guardian, or other person liable for his support and maintenance. The moneys so ordered shall be paid to the superintendent who shall then and there deposit the sum in the state treasury for the general fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 79Senator Lemaire
CHAPTER 406
AN ACT granting a franchise to Lee Maestretti, his associates, his successors and assigns for the construction, maintenance and operation of an electric light, heat and power plant and system in and about the town of Austin, Lander County, State of Nevada, with a right to supply light, heat and power to the inhabitants thereof, giving and granting therefor a right-of-way in and upon and over the roads, streets and alleys of the town of Austin necessary to the enjoyment and operation of this franchise; and other matters properly related thereto.
[Approved March 29, 1955]
Whereas, By the provisions of chapter 72, Statutes of Nevada 1931, at page 102, Lee Maestretti, his associates, his successors and assigns were granted the exclusive right to build, equip, maintain and operate an electric light, heat and power plant and business in and about the town of Austin, Lander County, Nevada, and to furnish heat, light and power to the inhabitants thereof, for the period of 25 years from and after March 11, 1931; and
Whereas, The franchise so granted will expire on March 10, 1956, and it is the desire of the legislature of the State of Nevada to grant a new franchise to Lee Maestretti, his associates, his successors and assigns for a period of 25 years from and after March 10, 1956; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. From and after March 10, 1956, the exclusive right to build, equip, maintain and operate an electric light, heat and power plant and business in and about the town of Austin, Lander County, Nevada, and to furnish heat, light and power to the inhabitants thereof, for the period of 25 years, is hereby granted to Lee Maestretti, his associates, successors and assigns; but a cessation of operation for a period of 1 year shall automatically operate as a cancellation of the franchise hereby granted. The franchise holder named in this section, his associates, successors or assigns shall furnish alternating current power to the inhabitants in and about the town of Austin, Lander County, Nevada.
κ1955 Statutes of Nevada, Page 837 (CHAPTER 406, SB 79)κ
Sec. 2. Lee Maestretti, his associates, successors or assigns shall have the right under this franchise to erect, place and maintain a suitable plant, poles, wires and other accessories incident to and necessary for the operation of an electric light, heat and power plant system in and upon but not under, any and all of the streets, alleys or roads within and adjacent to the town of Austin.
Sec. 3. The actual construction and equipment of the plant and any accessories necessary or incident thereto shall be commenced within 30 days after March 10, 1956, and shall be in operation for the furnishing and transmission of power, light and heat within 6 months thereafter. Nothing herein contained shall interfere with the construction, maintenance or additional equipment or extension of the plant or any portion thereof at any time after 6 months from the beginning of construction.
Sec. 4. Lee Maestretti, his associates, successors or assigns shall so construct, maintain and operate the plant and all of its extensions under such regulations and restrictions as may be required by the laws of this state governing unincorporated cities and towns.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 212Senator Johnson
CHAPTER 407
AN ACT to amend an act entitled An Act establishing a system of retirement and of benefits at retirement or death for certain officers and employees of the state and its political subdivisions; creating the public employees retirement fund and board, and giving certain powers unto said board; providing and establishing the necessary funds and accounts; providing for the integration of other similar systems within this system; providing for the cost of the system; appropriating money therefor; providing for the superseding and repeal of acts or parts of acts in conflict herewith, and providing a savings clause, and matters properly connected therewith, approved March 27, 1947.
[Approved March 29, 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 181, Statutes of Nevada 1947, at page 623, is hereby amended by adding thereto a new section designated section 2.5, which shall immediately follow section 2 and shall read as follows:
Section 2.5. Service in the State of Nevada in the agencies formerly known as the Nevada emergency relief administration, the Civil Works Administration, the Federal Emergency Relief Administration, the Works Progress Administration and the Public Works Administration shall be considered as service accreditable toward retirement under the provisions of this act.
Employees of any or all of the agencies specified in this section, who have remained in an administrative capacity in full-time employment, without any break in service, shall be considered to qualify for retirement credit under the provisions of this act.
κ1955 Statutes of Nevada, Page 838 (CHAPTER 407, SB 212)κ
without any break in service, shall be considered to qualify for retirement credit under the provisions of this act. In order to determine the qualifications of such employees, the board may require documentary evidence, or affidavits sworn to by two responsible persons having direct knowledge of such employees service.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 48Senators Whitacre, Brown, Seevers, and Munk
CHAPTER 408
AN ACT to amend an act entitled An Act creating a state department of purchasing, defining powers and duties, making an appropriation, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 24, 1951.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 45 of the above-entitled act, being chapter 333, Statutes of Nevada 1951, as amended by chapter 338, Statutes of Nevada 1953, at page 586, is hereby amended to read as follows:
Section 45. There is hereby created a revolving fund in the sum of $200,000 for the use of the director in purchasing supplies, materials, and equipment, and for the payment of necessary expenses incurred in carrying out the provisions of this act. When any purchase or service is for the use of two or more using agencies, the payment shall be made from the said revolving fund in the manner provided by law upon presentation of a duly verified claim approved by the director.
________
Assembly Bill No. 33Messrs. Christensen (Washoe) and Hardesty
CHAPTER 409
AN ACT providing aid to dependent children; defining certain words and terms; providing for the administration of assistance to dependent children by the state welfare department; establishing certain requirements and conditions for assistance; providing county and state funds for participation in assistance; making appropriations; prescribing penalties; repealing certain acts and parts of acts in conflict herewith; 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 Aid to Dependent Children Act of 1955.
Sec. 2. Object and Purpose; Liberal Construction.
1. It is the object and purpose of this act to provide assistance for children whose dependency is caused by circumstances defined in subsection 5 of section 3, and to keep children in their own homes wherever possible.
κ1955 Statutes of Nevada, Page 839 (CHAPTER 409, AB 33)κ
for children whose dependency is caused by circumstances defined in subsection 5 of section 3, and to keep children in their own homes wherever possible.
2. The provisions of this act shall be liberally construed to effect its stated objects and purposes.
Sec. 3. Definitions. As used in this act:
1. Applicant means any person who has applied for assistance under this act.
2. Assistance means money payments with respect to a dependent child or children, and with respect to the parent or other relative caring for the child or children.
3. Board means the state welfare board.
4. Department means the state welfare department.
5. Dependent child means a needy child under the age of 16 years, or under the age of 18 years if found by the department to be regularly attending school, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle or aunt, in a place of residence maintained by one or more of such relatives at his or their own home.
6. Recipient means any person who has received or is receiving assistance.
Sec. 4. State Welfare Department to Administer Assistance; Duties. The department shall:
1. Administer assistance to dependent children under this act.
2. Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this act. All rules and regulations made by the department shall be binding upon the counties and shall be complied with by the counties.
3. Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to dependent children, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
4. Make such reports, in such form and containing such information as the Secretary of Health, Education, and Welfare from time to time requires, and shall comply with such provisions as the secretary from time to time finds necessary to assure correctness and verification of such reports.
Sec. 5. Application for Assistance. Application on behalf of a child for assistance under this act shall be made to the department. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the department, and shall contain such information as may be required by the application form.
Sec. 6. Residence Prerequisite to Assistance; What Constitutes Residence. Assistance shall be provided any dependent child who is otherwise eligible who:
κ1955 Statutes of Nevada, Page 840 (CHAPTER 409, AB 33)κ
1. Has resided in the state for 1 year immediately preceding the application for such assistance; or
2. Was born within 1 year immediately preceding the application for such assistance if the parent or other relative with whom the child is living has resided in the state for 1 year immediately preceding the birth; or
3. Was born within 1 year immediately preceding the application for such assistance if the parent or other relative with whom the child is living has resided in the state for 1 year immediately preceding the application.
Sec. 7. Property Ownership Not Grounds For Denial of Aid. Assistance shall not be denied to, or on behalf of, any child or needy relative by reason of his or their ownership of real property of a reasonable value occupied by such child or needy relative as a home. The department shall, in determining reasonable value, take into consideration the assessed value of the property, the basis for assessment, any encumbrances on the property, and the economic and other circumstances of the child and needy individual.
Sec. 8. Denial of Aid Where Personal Property Exceeds $500 Cash Value; Exclusions.
1. No assistance under this act shall be granted or paid to any dependent child who owns, or whose needy relative owns, personal property or marketable non-income-producing real property, the combined cash value of which exceeds $500 at the time application for assistance is made, or while in receipt of such assistance. For each additional dependent child in the same home or in the same family, the $500 limitation herein described may be increased by $150.
2. For the purposes of this act, personal property shall not include clothing, furniture, household equipment, foodstuffs and means of transportation found by the department to be essential for the well-being of the child or his needy relative.
Sec. 9. Investigation of Application. Whenever the department shall receive an application for assistance, an investigation and record of the circumstances shall be made promptly in order to ascertain the dependency of the child and the facts supporting the application.
Sec. 10. Determination of Amount of Award and Assistance.
1. If, after investigation, the child is determined to be eligible, the department shall determine the amount of assistance, and assistance shall be furnished the child without delay. Written notice of the decision and of the applicants right of appeal therefrom shall be mailed promptly to the applicant.
2. The amount of assistance granted for any dependent child shall be determined by the department with due regard to the resources and necessary expenditures of the family and the conditions existing in each case and in accordance with the rules and regulations made by the department, and shall be sufficient, when added to all other income and support available to the child, to provide the child with a reasonable subsistence compatible with decency and health. Taking into account all other available income and resources, the amount of income reasonably necessary for an eligible adult relative providing care for a dependent child is hereby determined and designated as not less than $30 a month; for the first child, not less than $30 a month, and for each additional child, not less than $21 a month.
κ1955 Statutes of Nevada, Page 841 (CHAPTER 409, AB 33)κ
income reasonably necessary for an eligible adult relative providing care for a dependent child is hereby determined and designated as not less than $30 a month; for the first child, not less than $30 a month, and for each additional child, not less than $21 a month.
Sec. 11. Assistance Grants Reconsidered. All grants of assistance made under this act shall be reconsidered by the department as frequently as may be required by the rules of the department. After such further investigation as the department may deem necessary, the amount of assistance may be changed, or assistance may be entirely withdrawn if the department finds that the circumstances have altered sufficiently to warrant such action.
Sec. 12. Appeal by Applicant, Recipient From Department Action.
1. If an application is not acted upon by the department within a reasonable time after the filing of the application, or is denied in whole or in part, or if any grant of assistance is modified or canceled, under any provision of this act, the applicant or recipient may appeal to the board from the decision of the department.
2. The appeal shall be taken in the manner and within the time prescribed by the board, and the board shall establish rules and regulations providing that on receipt of such an appeal the applicant or recipient shall be given reasonable notice and an opportunity for a fair hearing.
3. All decisions of the board made on appeal shall be final.
Sec. 13. Limitations on Assistance. No assistance will be furnished any individual under this act with respect to any period with respect to which he is receiving old-age assistance, aid to the blind or aid to the permanently and totally disabled, from this state or any other state, or with respect to any period with respect to which he is receiving aid to dependent children from any other state.
Sec. 14. Effect of Subsequent Legislation on Assistance. All assistance awarded under this act shall be deemed to be awarded and to be held subject to the provisions of any amending or repealing act that may hereafter be enacted, and no recipient shall have any claim for assistance or otherwise by reason of his assistance being affected in any way by an amending or repealing act.
Sec. 15. Deserted or Abandoned Child: Notice to District Attorney. Whenever assistance has been granted to a dependent child who has been deserted or abandoned by a parent, the department shall immediately notify the district attorney of the county that such assistance has been granted.
Sec. 16. Federal Funds for Assistance. All moneys received by the state from the Federal Government under the provisions of the Social Security Act, or any act of the Congress of the United States amendatory thereof or in substitution therefor, for assistance to dependent children shall be paid into the state treasury to the credit of a fund to be designated the aid to dependent children fund, and shall be used only for the purposes provided for in the Social Security Act and in pursuance of the provisions of this act.
Sec. 17. State Funds for Assistance; Administrative Expenses.
κ1955 Statutes of Nevada, Page 842 (CHAPTER 409, AB 33)κ
1. Funds to pay for the states participation in assistance to dependent children under this act shall be provided by direct legislative appropriation from the general fund. The appropriation shall be sufficient to pay 66 2/3 percent of the nonfederal share of assistance payments.
2. All moneys appropriated by the legislature in accordance with the provisions of subsection 1 shall be placed in the state treasury in a fund to be designated the state aid to dependent children fund, out of which the states portion of the assistance to dependent children provided for in this act shall be paid upon warrants drawn by the state controller and paid by the state treasurer.
3. Administrative expenses shall be paid out of funds appropriated by the legislature from the general fund and out of such other moneys as may from time to time be made available to the department for the payment of administrative expenses. The money appropriated by the legislature shall be deposited in the state welfare fund of the state treasury, and disbursements shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the director of the department before they are paid.
Sec. 18. County Funds for Assistance.
1. Each of the counties shall provide necessary and ample funds with which to pay assistance to dependent children as provided for in this act, and for that purpose the board of county commissioners of each county and all other officers in this state having duties regarding the assessment of property for the purposes of taxation and with the collection of taxes, shall levy, assess and collect annually an ad valorem tax on all the taxable property in their respective counties at a rate of not more than 4 cents on each $100 of assessed valuation to pay all assistance to dependent children required to be paid by each county in compliance with the provisions of this act. If the amount of money collected from the tax herein provided for is at any time insufficient to pay the costs of assistance required in that county, the difference shall be paid from the state aid to dependent children fund.
2. The proceeds of the tax so collected in each county shall be placed in a fund in the county treasury, and shall be designated the aid to dependent children fund, out of which the county treasurer shall for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly or quarterly, at the time required by the rules and regulations of the department, the full amount necessary to pay 33 1/3 percent of the nonfederal share of assistance to dependent children paid in that county pursuant to the provisions of this act and as certified to him by the county clerk of that county.
3. The state treasurer shall place the moneys received from the county treasurers in funds in the state treasury to be designated the aid to dependent children fund of..........................County, naming the particular county from which the particular money was transmitted to him, and shall keep the money so transmitted from each county in a separate account as funds of that particular county, to be used for the purposes of this act in that county alone.
κ1955 Statutes of Nevada, Page 843 (CHAPTER 409, AB 33)κ
county in a separate account as funds of that particular county, to be used for the purposes of this act in that county alone.
Sec. 19. Combined Aid to Dependent Children Fund. For the purposes of convenience and economy in distribution and in the auditing of accounts so that it will not be necessary to draw and transmit to each recipient more than one warrant each month for his entire assistance from all of the three sources provided for in this act, the state controller and the state treasurer may combine in one fund in the state treasury, the fund to be designated the combined aid to dependent children fund, the following funds: (1) the aid to dependent children fund, composed of federal funds; (2) the state aid to dependent children fund, composed of state funds; and (3) the aid to dependent children funds of the several counties, composed of county funds, by transferring therefrom the funds therein to the combined aid to dependent children fund as and when needed for distribution to recipients.
Sec. 20. Certification of Recipients Lists; Drawing and Mailing of Warrants; Audits and Inspection of Funds.
1. The director of the department shall furnish to the state controller and the state treasurer a full, true and correct list of recipients in each county entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients in that county and the amount to which each of them is entitled under this act. The list shall be subject to revision by the director of the department to make it conform to such changes as may be made pursuant to the terms of this act.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the fund payable to each recipient in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal, state and county funds to which each recipient is entitled under the provisions of this act.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all warrants to the department and the department shall mail the warrants to the recipients entitled thereto.
4. The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund in the state treasury shall be open to inspection and subject to audit by officers and agents of the United States.
Sec. 21. Exemption of Assistance From Assignment, Execution, Attachment. Assistance awarded by this act is not transferable or assignable at law or in equity and none of the money paid or payable under this act shall be subject to execution, levy, garnishment, attachment or other legal process, or to the operation of any bankruptcy or insolvency law.
Sec. 22. Actions Against Certain Relatives for Assistance Furnished.
κ1955 Statutes of Nevada, Page 844 (CHAPTER 409, AB 33)κ
1. If, at any time during the continuance of any assistance granted under this act, the department finds that any father, mother, adoptive father, or adoptive mother of any child receiving assistance is reasonably able to contribute to the necessary care and support of such recipient without undue hardship to himself or his immediate family and such person so able to contribute to the care and support of such recipient fails or refuses to contribute according to his ability to the care and support of such recipient, then, after notice to such person, there shall exist a cause of action against that person for such amount of assistance furnished under this act subsequent to such notice, or such part thereof as that person is reasonably able to pay.
2. The action may be ordered by the department and shall be brought in the name of the state by the district attorney of the county in which such assistance was granted, for the recovery of such amount of assistance granted after such notice, as hereinbefore provided, together with the costs and disbursements of such action.
3. The liability of a father, mother, adoptive father, or adoptive mother to contribute to the support of a recipient of assistance established by this act shall not be grounds for denying or discontinuing assistance to any person.
Sec. 23. County, State and Federal Reimbursement from Recovery of Assistance. When any amount shall be recovered from any source for assistance furnished under the provisions of this act, it shall be paid to the county, state and federal governments in amounts proportionate to the amount of county, state and federal funds paid.
Sec. 24. Restitution of Assistance Obtained by False Means; Actions. Whoever, by means of a false statement or representation or by impersonation or other fraudulent device, obtains assistance or aids or abets any person to obtain assistance to which he is not entitled shall make restitution and all actions necessary to secure restitution may be brought against him.
Sec. 25. Penalties for Fraudulent Acts. Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled, or assistance greater than that to which he is entitled, and with the intent to defeat the purposes of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500 or imprisonment for not more than 3 months, or by both fine and imprisonment.
Sec. 26. Appropriations for Biennium Ending June 30, 1957.
1. For the purpose of paying for the states participation in assistance to dependent children payments as provided in this act, there is hereby appropriated from the general fund for the biennium ending on June 30, 1957, the sum of $220,000.
2. For the purpose of defraying the administrative expenses incurred in carrying out the provisions of this act, there is hereby appropriated from the general fund for the biennium ending on June 30, 1957, the sum of $21,000.
κ1955 Statutes of Nevada, Page 845 (CHAPTER 409, AB 33)κ
Sec. 27. Severability. Each section of this act, and every part of each section, are hereby declared to be independent sections and parts of sections, and the holding of any section, or part thereof, to be void or ineffective for any cause shall not be deemed to affect, nor shall it effect, any other section or any part thereof.
Sec. 28. Repeals.
1. Effective July 1, 1955, chapter 107, Statutes of Nevada 1921, entitled An Act to provide under certain conditions for the partial support of mothers and their offspring, giving county commissioners and district courts jurisdiction thereof, and repealing all other acts in relation thereto, approved March 16, 1921, also designated as sections 5100 to 5108, inclusive, N.C.L. 1929, is hereby repealed.
2. All other acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 29. Effective Date; When Assistance Payments Begin. This act shall become effective upon passage and approval, but the department shall make no awards or payments of assistance until July 1, 1955.
________
Assembly Bill No. 133Joint Committee of State Institutions and Building and Construction
CHAPTER 410
AN ACT providing for the construction, furnishings and equipment of a ward-building unit at the Nevada state hospital; 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 superintendent of the Nevada state hospital 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 construction, furnishings and equipment, at the Nevada state hospital, of a ward-building unit of a capacity of 130 beds to house geriatrics, and including a service center and an infirmary unit; 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 hospital geriatrics ward construction fund.
Sec. 3. 1. To provide the Nevada state hospital geriatrics ward 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 $440,000.
κ1955 Statutes of Nevada, Page 846 (CHAPTER 410, AB 133)κ
2. Such bonds shall:
(a) Be in denominations of $2,000 each, payable in legal tender of the United States.
(b) Be numbered serially from 1 to 220, 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.
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 hospital geriatrics ward construction fund herein created.
6. All bonds issued shall be redeemed and paid in accordance with the following schedule; but, in any event, all such bonds shall be redeemed and paid within 20 years from the date of passage of this act.
REDEMPTION SCHEDULE
Retirement date Bond No. No. Bonds @ Amount
Jan. 1, 1956................. 1-6 6 $2,000.00 $12,000.00
July 1, 1956................. 7-11 5 2,000.00 10,000.00
Jan. 1, 1957................. 12-17 6 2,000.00 12,000.00
July 1, 1957................. 18-22 5 2,000.00 10,000.00
Jan. 1, 1958................. 23-28 6 2,000.00 12,000.00
July 1, 1958................. 29-33 5 2,000.00 10,000.00Redemption Schedule-Continued
κ1955 Statutes of Nevada, Page 847 (CHAPTER 410, AB 133)κ
Redemption Schedule-Continued
Retirement date Bond No. No. Bonds @ Amount
Jan. 1, 1959................. 34-39 6 $2,000.00 $12,000.00
July 1, 1959................. 40-44 5 2,000.00 10,000.00
Jan. 1, 1960................. 45-50 6 2,000.00 12,000.00
July 1, 1960................. 51-55 5 2,000.00 10,000.00
Jan. 1, 1961................. 56-61 6 2,000.00 12,000.00
July 1, 1961................. 62-66 5 2,000.00 10,000.00
Jan. 1, 1962................. 67-72 6 2,000.00 12,000.00
July 1, 1962................. 73-77 5 2,000.00 10,000.00
Jan. 1, 1963................. 78-83 6 2,000.00 12,000.00
July 1, 1963................. 84-88 5 2,000.00 10,000.00
Jan. 1, 1964................. 89-94 6 2,000.00 12,000.00
July 1, 1964................. 95-99 5 2,000.00 10,000.00
Jan. 1, 1965................. 100-105 6 2,000.00 12,000.00
July 1, 1965................. 106-110 5 2,000.00 10,000.00
Jan. 1, 1966................. 111-116 6 2,000.00 12,000.00
July 1, 1966................. 117-121 5 2,000.00 10,000.00
Jan. 1, 1967................. 122-127 6 2,000.00 12,000.00
July 1, 1967................. 128-132 5 2,000.00 10,000.00
Jan. 1, 1968................. 133-138 6 2,000.00 12,000.00
July 1, 1968................. 139-143 5 2,000.00 10,000.00
Jan. 1, 1969................. 144-149 6 2,000.00 12,000.00
July 1, 1969................. 150-154 5 2,000.00 10,000.00
Jan. 1, 1970................. 155-160 6 2,000.00 12,000.00
July 1, 1970................. 161-166 6 2,000.00 12,000.00
Jan. 1, 1971................. 167-172 6 2,000.00 12,000.00
July 1, 1971................. 173-178 6 2,000.00 12,000.00
Jan. 1, 1972................. 179-184 6 2,000.00 12,000.00
July 1, 1972................. 185-190 6 2,000.00 12,000.00
Jan. 1, 1973................. 191-196 6 2,000.00 12,000.00
July 1, 1973................. 197-202 6 2,000.00 12,000.00
Jan. 1, 1974................. 203-208 6 2,000.00 12,000.00
July 1, 1974................. 209-214 6 2,000.00 12,000.00
Jan. 1, 1975................. 215-220 6 2,000.00 12,000.00
____ ___________
220 $440,000.00
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. 3.5. In the event federal funds are made available to assist in carrying out the provisions of this act, such funds shall be deposited in the Nevada state hospital geriatrics ward construction fund.
Sec. 4. None of the funds in the Nevada state hospital geriatrics ward construction fund shall be used for any purpose or purposes other than to construct, equip and furnish a ward-building unit, including a service center and infirmary unit, at the Nevada state hospital.
Sec. 5. The costs and expenses 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 $440,000.
κ1955 Statutes of Nevada, Page 848 (CHAPTER 410, AB 133)κ
furnishings, including supervision and inspection thereof, and of all the work and materials provided for in this act shall not exceed the sum of $440,000.
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.
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 Nevada state hospital geriatrics ward 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 superintendent of the Nevada state hospital 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 superintendent of the Nevada state hospital 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 building, furnishings and equipment and payment therefor, the Nevada state hospital geriatrics ward 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.
κ1955 Statutes of Nevada, Page 849 (CHAPTER 410, AB 133)κ
hospital geriatrics ward 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 passage and approval.
________
Assembly Bill No. 204Messrs. Waters, Pozzi, Mount, Wainwright, Crawford, Hendel and Giomi
CHAPTER 411
AN ACT appropriating $50,000 to the Nevada state museum, to be used for the construction of an additional building, part of which is to contain the Patrick A. McCarran memorial room, and a garage to house a mobile unit, a field trailer and other motor vehicles.
[Approved March 29, 1955]
Whereas, The Nevada state museum is playing an important and ever-increasing role in preserving the great historical relics, displays and exhibits of our state and providing scientific and educational facilities for the children and adults of this state as well as visitors from all over the world; and
Whereas, The natural history of Nevada is prepared for exhibit by the museum staff and the historical relics continue to grow and expand by large contributions as well as the addition of new and modern scientific and scenic displays, such as the atomic energy development program in Nevada, so that the mint-museum building is now inadequate to accommodate and keep abreast with the demands of our times; and
Whereas, The many wonderful exhibits at the museum, including the familiar mine replica, now valued in excess of a quarter of a million dollars, excepting the famous Dot-So-La-Lee baskets, have been obtained by donations and contributions without the necessity of financial assistance from the State of Nevada; and
Whereas, The belongings and materials from the office of the late United States Senator from Nevada, the Honorable Patrick A. McCarran, have been sent to the state museum by his widow and children and his secretary, Miss Eva Adams, with the hope and desire that they be displayed in a room to be set aside and designated the Patrick A. McCarran memorial room; and
Whereas, The wishes of our beloved Senator Patrick A. McCarran and his family should be respected, if humanly possible, and the museum officials and staff are desirous of establishing such a memorial to perpetuate the name and memory of one of Nevadas greatest men; and
κ1955 Statutes of Nevada, Page 850 (CHAPTER 411, AB 204)κ
museum officials and staff are desirous of establishing such a memorial to perpetuate the name and memory of one of Nevadas greatest men; and
Whereas, Public subscriptions are being taken by a committee to assist in raising the funds for the addition to the museum building in order to establish and create the Patrick A. McCarran memorial room but the financial aid of the State of Nevada is required to make this worthy project and dream a reality; and
Whereas, The vast territorial expanses of Nevada make it impossible to transfer and distribute to branch museums the valuable museum pieces; and
Whereas, The museums board of directors have long been concerned by the inaccessibility of the states only general science display center in Carson City to the youngsters and citizens in Elko, Ely, Las Vegas and other Nevada communities; and
Whereas, In 1953, Clark J. Guild, board chairman, began a fundraising drive to finance a mobile museum unit through donations from individuals, service clubs and other groups; and
Whereas, This fund-raising campaign produced revenue of $7,905 which was used to purchase a mobile unit consisting of a 35-foot, custom-built, blue and silver trailer to house science and educational displays and a station wagon to pull the trailer, and, in addition, a tape recorder for lectures to augment the exhibits; and
Whereas, This mobile unit is one of the few in the nation and will be used by an expert curator-preparator to visit schools and other locations in this state to make the interesting and valuable displays available to all our people; and
Whereas, The mobile museum unit will benefit the entire state and has not required the financial assistance of our government to date; and
Whereas, The general appropriation for the Nevada state museum is greatly needed for other purposes and would be insufficient to provide for the construction of the required additional building and garage; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The Nevada state museum, when authorized by its board of directors, is hereby authorized to contract for the erection of a suitable addition to the mint building now used to house the museum, in which the Patrick A. McCarran memorial room will be created, and to include in the new construction garage facilities to house its mobile unit, field trailer and other motor vehicles; and for the period ending June 30, 1957, there is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise appropriated, the sum of $50,000 for the Nevada state museum to be used for the payment, in whole or in part, of the costs of construction of the additional building and garage.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 851κ
Assembly Bill No. 311Messrs. Byrne, Dotson, Irwin, Harmon, Christensen (Washoe), Godbey, Embry, Christensen (Clark), Von Tobel and Miss Frazier
CHAPTER 412
AN ACT providing that in any county in the State of Nevada with a population of 25,000 people or more, the county commissioners may, upon a petition of 30 percent of the registered voters of the county, be increased to five commissioners; providing compensations therefor; providing duties therefor, and other matters properly connected therewith.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In any county of the State of Nevada wherein there is a population of 25,000 people or more, county commissioners of such county may be increased to be five in number, as hereinafter provided.
Sec. 2. Upon the petition of 30 percent of the registered voters at the last general election of such county requesting that the county commissioners divide the county into three commissioner districts and that thereafter the number of county commissioners in such county shall be three or five in number, the county commissioners shall within 60 days from the filing of such petition, by resolution spread upon their minutes, divide such county into three commissioner districts and shall fix the number of commissioners to be thereafter elected from each of the districts; provided, however, that no district shall have less than one or more than three commissioners. The incumbent commissioners shall, in the event such petition requires the commissioners to be five in number, appoint the two additional commissioners, one being a long-term commissioner and the other being a short-term commissioner.
Sec. 3. The compensation of the two new county commissioners shall be the same as that compensation already prescribed by law in that particular county. The duties of the new commissioners shall be the same as those already prescribed by law in that particular county.
Sec. 4. Upon the expiration of the terms for which the new county commissioners have been appointed, their vacancies shall be filled by the election procedure established by law for the election of short-term or long-term county commissioners.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 852κ
Assembly Bill No. 319Messrs. Ivers, Hanson, Pozzi, Ellison, Barnum, Kean, and Christensen (Washoe) and Mesdames Denton and Isbell
CHAPTER 413
AN ACT to amend an act entitled An Act to provide a general highway law for the State of Nevada, approved March 23, 1917.
[Approved March 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 5320, N.C.L. 1929, is hereby amended to read as follows:
Section 1. There is hereby created a department of highways, which shall consist of three directors. The directors shall be the governor, the attorney general, and the state controller of the State of Nevada. The department of highways may adopt such rules or by-laws, not inconsistent with this act, as may be necessary to govern its acts and proceedings. It shall adopt a seal for use in authenticating its contracts, records, and proceedings. The officers designated shall serve as highway directors, the duties hereby created being ex officio.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 380Miss Frazier
CHAPTER 414
AN ACT to repeal an act entitled An Act defining the boundaries of Pahranagat consolidated school district No. 1, Lincoln County, Nevada, and other matters relating thereto, approved March 31, 1931.
[Approved March 29, 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 239, Statutes of Nevada 1931, at page 460, is hereby expressly repealed.
Sec. 2. This act shall become effective on July 1, 1956.
________
κ1955 Statutes of Nevada, Page 853κ
Assembly Bill No. 381Miss Frazier
CHAPTER 415
AN ACT to repeal an act entitled An Act to provide additional support for needy school districts, making an appropriation and other matters relating thereto, approved March 22, 1951.
[Approved March 29, 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 281, Statutes of Nevada 1951, at page 428, is hereby expressly repealed.
Sec. 2. This act shall become effective on July 1, 1956.
________
Assembly Bill No. 382Miss Frazier
CHAPTER 416
AN ACT to repeal an act entitled An Act authorizing and directing the board of county commissioners of Lyon County, State of Nevada, to issue bonds for the purpose of establishing, constructing and maintaining high schools in the said county of Lyon, State of Nevada, and other matters properly relating thereto, approved March 23, 1917.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitle act, being chapter 164, Statutes of Nevada 1917, at page 299, is hereby expressly repealed.
Sec. 2. This act shall become effective on July 1, 1956.
________
κ1955 Statutes of Nevada, Page 854κ
Assembly Bill No. 460Committee on Education
CHAPTER 417
AN ACT to amend the title of and to amend an act entitled An Act supplementary to that certain act entitled, An Act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947; providing for the quarterly payments of apportionments from state school funds to the public schools of the State of Nevada upon the basis of the current school years average daily attendance; providing for adjustments of quarterly apportionments; defining certain words and terms; appropriating a sum of money to carry out the purposes of this act; providing for the expiration of this supplementary act under certain conditions or on a certain day; and other matters properly relating thereto, approved January 11, 1954.
[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 10, Statutes of Nevada 1954, at page 25, is hereby amended to read as follows:
An Act supplementary to that certain act entitled, An Act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947; providing for the quarterly payments of apportionments from state school funds to the public schools of the State of Nevada upon the basis of the current school years average daily attendance; providing for adjustments of quarterly apportionments; defining certain words and terms; appropriating a sum of money to carry out the purposes of this act; and other matters properly relating thereto.
Sec. 2. Section 1 of the above-entitled act, being chapter 10, Statutes of Nevada 1954, at page 25, is hereby amended to read as follows:
Section 1. All apportionments from state school funds to the public schools of the State of Nevada shall be paid quarterly upon the basis of the current school years average daily attendance as estimated by the trustees of a school district and as approved by the deputy superintendent of public instruction for that educational supervision district, provided:
1. That these quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear and a final adjustment shall be made in the July apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year so that for any school year the adjusted amount paid shall be equal to but shall not exceed the sum computed from the highest 6 months of average daily attendance.
2. That the total amount of state aid paid to any one school district shall not be less than that computed from the previous years highest 6 months average daily attendance, when a petition, approved by the deputy superintendent of public instruction of that educational supervision district, from such school districts trustees justifies to the state superintendent of public instruction that such computation was necessary to meet obligations made by such trustees in good faith.
κ1955 Statutes of Nevada, Page 855 (CHAPTER 417, AB 460)κ
6 months average daily attendance, when a petition, approved by the deputy superintendent of public instruction of that educational supervision district, from such school districts trustees justifies to the state superintendent of public instruction that such computation was necessary to meet obligations made by such trustees in good faith.
Sec. 3. Section 4 of the above-entitled act, being chapter 10, Statutes of Nevada 1954, at page 26, is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 461Committee on Education
CHAPTER 418
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. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section designated as section 181.06, which shall immediately follow section 181.05 and shall read as follows:
Section 181.06. Additional State Support For Schools. From January 1, 1955, to July 1, 1956:
1. In addition to the present state support for schools provided in sections 180 and 181.04 of this act, there shall be added quarterly $4 per pupil for each elementary and high school pupil in average daily attendance.
2. In addition to the apportionments heretofore provided by law, there shall be added a sum of $30 quarterly for each elementary and high school pupil in average daily attendance, in excess of the average daily attendance of the previous school year.
Sec. 2. Section 205 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 180, as last amended by chapter 342, Statutes of Nevada 1953, at page 593, is hereby amended to read as follows:
Section 205. Payments, How Determined. The superintendent of public instruction is hereby authorized to order payments from the aid to rural school fund. The amount of aid paid to any rural school shall be determined as follows:
1. Upon receipt of the request for aid accompanied by a copy of the budget and statement of the assessed valuation specified in section 203 of this chapter, the superintendent of public instruction shall determine the amount available from all sources for the support and maintenance of the rural school for the then current year.
2. The amount needed for the transportation of pupils shall be deducted from the total amount available for the support and maintenance of the rural school;
κ1955 Statutes of Nevada, Page 856 (CHAPTER 418, AB 461)κ
deducted from the total amount available for the support and maintenance of the rural school;
3. The amount to be paid as aid to the rural school shall be the difference between $4,000 in the case of a one-teacher school and $8,000 in the case of a two-teacher school, and the amount determined in subparagraph 2 of this section to be available for the support and maintenance of the rural school for the then current school year after deducting the cost of transporting pupils;
4. The amount of aid thus determined to be necessary in order to guarantee to each rural school applying for aid, the sum provided in subparagraph 3 of this section shall be paid to the county treasurer for the account of the rural school as soon as practicable after the 15th of March of each year.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 462Committee on Education
CHAPTER 419
AN ACT to amend an act entitled An Act to amend an act entitled, An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto, approved March 15, 1947, as amended, approved March 30, 1953.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 349, Statutes of Nevada 1953, at page 641, is hereby amended to read as follows:
Section 3. This act shall become effective July 1, 1953.
Sec. 2. This act shall become effective on July 1, 1955.
________
κ1955 Statutes of Nevada, Page 857κ
Assembly Bill No. 482Committee on Social Welfare
CHAPTER 420
AN ACT providing for the participation of employees of the state and its political subdivisions in federal old-age and survivors insurance coverage under the provisions of Title II, Section 218, of the Social Security Act; defining certain words and terms; providing for the execution of federal-state agreements and modifications thereto; requiring the payments of contributions by state employees and providing for the approval of plans for the coverage of employees of political subdivisions; creating the social security revolving fund and the social security administration fund and providing for their administration; making an appropriation therefor; imposing certain duties upon the state agency designated to administer the provisions of this act; repealing certain acts and parts of acts; 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. Declaration of Policy. In order to extend to employees of the state and its political subdivisions, and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is hereby declared to be the policy of the legislature, subject to the limitations of this act, that such steps be taken as to provide such protection to employees of the state and its political subdivisions who are in positions which are not eligible to participate in the public employees retirement system on as broad a basis as is permitted under the Social Security Act.
Sec. 2. Definitions. For the purposes of this act:
(a) The term wages means all remuneration for employment as defined herein, including the cash value of all remuneration paid in any medium other than cash, except that such term shall not include that part of such remuneration which, even if it were for employment within the meaning of the Federal Insurance Contributions Act, would not constitute wages within the meaning of that act.
(b) The term employment means any service performed by an employee in the employ of the state, or any political subdivision thereof, for such employer, except (1) service which in the absence of an agreement entered into under this act would constitute employment as defined in the Social Security Act; or (2) service which under the Social Security Act may not be included in an agreement between the state and the Secretary entered into under this act. Civilian employees of the national guard units of this state who are employed pursuant to section 90 of the National Defense Act of June 3, 1916 (32 U.S.C., sec. 42), and paid from funds allotted to such units by the Department of Defense, shall for the purpose of this act be deemed to be employees of the state and shall be deemed to be a separate coverage group. Individuals employed pursuant to an agreement entered into pursuant to section 205 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1624) or section 14 of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499n), between this state and the United States Department of Agriculture to perform services as inspectors of agricultural products shall be deemed by this state for the purposes of this act to be employees of this state and shall be deemed to be a separate coverage group.
κ1955 Statutes of Nevada, Page 858 (CHAPTER 420, AB 482)κ
of Agriculture to perform services as inspectors of agricultural products shall be deemed by this state for the purposes of this act to be employees of this state and shall be deemed to be a separate coverage group.
(c) The term employee includes an officer of a state or political subdivision thereof.
(d) The term state agency means the employment security department or such other agency that the governor may appoint to administer this act.
(e) The term Secretary means the Secretary of Health, Education, and Welfare and includes any individual to whom the Secretary has delegated any of his functions under the Social Security Act with respect to coverage under such act of employees of states and their political subdivisions, and with respect to any action taken prior to April 11, 1953, includes the Federal Security Administrator and any individual to whom such Administrator had delegated any such function.
(f) The term political subdivision includes an instrumentality of a state, of one or more of its political subdivisions, or of this state and one or more of its political subdivisions, but only if such instrumentality is a juristic entity which is legally separate and distinct from the state or subdivision and only if its employees are not by virtue of their relation to such juristic entity employees of the state or subdivision.
(g) The term Social Security Act means the act of Congress approved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the Social Security Act, (including regulations and requirements issued pursuant thereto), as such act has been and may from time to time be amended.
(h) The term Federal Insurance Contributions Act means sub-chapter A of chapter 9 of the federal Internal Revenue Code of 1939 and sub-chapters A and B of chapter 21 of the federal Internal Revenue Code of 1954, as such Codes have been and may from time to time be amended; and the term employee tax means the tax imposed by section 1400 of such Code of 1939 and section 3101 of such Code of 1954.
Sec. 3. (a) Federal-State Agreement. The state agency is hereby authorized on behalf of the state to maintain in full force and effect the agreement and modifications thereof entered into between the state and the Federal Security Administrator on and after November 24, 1953, and with the approval of the governor to enter into modification thereof (hereafter included in the term agreement) with the Secretary, consistent with the terms and provisions of this act, for the purpose of extending the benefits of the federal old-age and survivors insurance system to employees of the state or any political subdivision thereof with respect to services specified in such agreement which constitute employment as defined in section 2 of this act. Such agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification and termination of the agreement, administration, and other appropriate provisions as the state agency and the Secretary shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that:
κ1955 Statutes of Nevada, Page 859 (CHAPTER 420, AB 482)κ
otherwise required by or under the Social Security Act as to the services to be covered, such agreement shall provide in effect that:
(1) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though such services constituted employment within the meaning of Title II of the Social Security Act.
(2) The state will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 2 of this act), equal to the sum of the taxes which would be imposed by the Federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of that act.
(3) Such agreement shall be effective with respect to services in employment covered by the agreement performed after a date specified therein but in no event may it be effective with respect to any such services performed prior to the first day of the calendar year in which such agreement is entered into or in which the modification of the agreement making it applicable to such services is entered into, except that a modification entered into after December 31, 1954, and prior to January 1, 1958, may be effective with respect to services performed after December 31, 1954, or after a later date specified in such modification.
(4) All services which constitute employment as defined in section 2, and are performed in the employ of the state by employees of the state, may be covered by the agreement.
(5) All services which (A) constitute employment as defined in section 2, (B) are performed in the employ of a political subdivision of the state, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the state agency under section 5, shall be covered by the agreement.
(b) Interstate Instrumentalities. Any instrumentality jointly created by this state and any other state or states is hereby authorized, upon the granting of like authority by such other state or states, (1) to enter into an agreement with the Secretary whereby the benefits of the federal old-age and survivors insurance system shall be extended to employees of such instrumentality, (2) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under section 4(a) if they were covered by an agreement made pursuant to subsection (a) of this section, and (3) to make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of subsection (a) and other provisions of this act.
Sec. 4. Contributions by State Employees.
(a) Every employee of the state whose services are covered by an agreement entered into under section 3 shall be required to pay for the period of such coverage, into the social security revolving fund established by section 7, contributions, with respect to wages (as defined in section 2 of this act), equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that act.
κ1955 Statutes of Nevada, Page 860 (CHAPTER 420, AB 482)κ
defined in section 2 of this act), equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that act. Such liability shall arise in consideration of the employees retention in the service of the state, or his entry upon such service, after the enactment of this act.
(b) The contribution imposed by this section shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
(c) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency shall prescribe.
Sec. 5. Plans for Coverage of Employees of Political Subdivisions.
(a) Each political subdivision of the state is hereby authorized to submit for approval by the state agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of such act, to employees of such political subdivision. Each such plan and any amendment thereof shall be approved by the state agency if it finds that such plan, or such plan as amended, is in conformity with such requirements as are provided in regulations of the state agency, except that no such plan shall be approved unless:
(1) It is in conformity with the requirements of the Social Security Act and with the agreement entered into under section 3.
(2) It provides that all services which constitute employment as defined in section 2 and are performed in the employ of the political subdivision by employees thereof shall be covered by the plan, except that it may exclude services performed by individuals to whom section 218(c)(3)(C) of the Social Security Act is applicable.
(3) It specifies the source or sources from which the funds necessary to make the payments required by paragraph (1) of subsection (c) and by subsection (d) are expected to be derived and contains reasonable assurance that such sources will be adequate for such purpose.
(4) It provides for such methods of administration of the plan by the political subdivision as are found by the state agency to be necessary for the proper and efficient administration of the plan.
(5) It provides that the political subdivision will make such reports, in such form and containing such information, as the state agency may from time to time require, and comply with such provisions as the state agency or the Secretary may from time to time find necessary to assure the correctness and verification of such reports.
(6) It authorizes the state agency to terminate the plan in its entirety, in the discretion of the state agency, if it finds that there has been a failure to comply substantially with any provision contained in such plan, such termination to take effect at the expiration of such notice and on such conditions as may be provided by regulations of the state agency and may be consistent with the provisions of the Social Security Act.
κ1955 Statutes of Nevada, Page 861 (CHAPTER 420, AB 482)κ
(b) The state agency shall not finally refuse to approve a plan submitted by a political subdivision under subsection (a), and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby.
(c) (1) Each political subdivision as to which a plan has been approved under this section shall pay into the social security revolving fund, with respect to wages (as defined in section 2 of this act), at such time or times as the state agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the state agency under section 3.
(2) Each political subdivision required to make payments under paragraph (1) of this subsection is authorized, in consideration of the employees retention in, or entry upon, employment after enactment of this act, to impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to his wages (as defined in section 2 of this act), not exceeding the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that act, and to deduct the amount of such contribution from his wages as and when paid. Contributions so collected shall be paid into the social security revolving fund in partial discharge of the liability of such political subdivision or instrumentality under paragraph (1) of this subsection. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
(d) Delinquent payments due under paragraph (1) of subsection (c) may, with interest at the rate of 6 percent per annum, be recovered by action in a court of competent jurisdiction against the political subdivision liable therefor or may, at the request of the state agency, be deducted from any other moneys payable to such subdivision by any department or agency of the state.
Sec. 6. Nevada Public Employees Retirement System. Service of employees of the State of Nevada or of any political subdivision thereof in positions which are eligible to participate in the retirement system established pursuant to the Public Employees Retirement Act of 1947, as the same has been or hereafter may be amended, is specifically excluded from this act.
Sec. 7. Social Security Revolving Fund.
(a) There is hereby established a special fund to be known as the social security revolving fund. Such fund shall consist of and there shall be deposited in such fund: (1) all contributions, interest, and penalties collected under sections 4 and 5; (2) all moneys appropriated thereto under this act; (3) any property or securities and earnings thereof acquired through the use of moneys belonging to the fund; (4) interest earned upon any moneys in the fund; and (5) all sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund from any other source. All moneys in the fund shall be mingled and undivided. Subject to the provisions of this act, the state agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of this act.
κ1955 Statutes of Nevada, Page 862 (CHAPTER 420, AB 482)κ
may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with the provisions of this act.
(b) The social security revolving fund shall be established and held separate and apart from any other funds or moneys of the state and shall be used and administered exclusively for the purposes of this act. Withdrawals from such fund shall be made for: (1) payment of amounts required to be paid to the Secretary of the Treasury pursuant to the agreement entered into pursuant to Section 218 of the Social Security Act; (2) payment of refunds provided for in section 4(c) of this act; and (3) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.
(c) From the social security revolving fund the state treasurer shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the state agency in accordance with any agreement entered into under section 3 and the Social Security Act.
(d) The state treasurer shall be ex officio treasurer and custodian of the social security revolving fund and shall administer such fund in accordance with the provisions of this act and the directions of the state agency and shall pay all warrants drawn upon it in accordance with the provisions of this section and with such regulations as the state agency may prescribe pursuant thereto.
(e) (1) All moneys in the social security revolving fund created under the provisions of chapter 103, Statutes of Nevada 1953, at page 99, on the effective date of this act, including the sum of $750 transferred thereto by the state treasurer from the general fund pursuant to chapter 103, Statutes of Nevada 1953, shall remain in the social security revolving fund created by this act and shall not revert without further legislative enactment. These moneys, including the sum of $750, in addition to the contributions collected and paid into the social security revolving fund under sections 4 and 5, are to be made available for the purposes of section 7(b) and 7(c) until expended, along with such additional sums as are found to be necessary to make the payments to the Secretary of the Treasury which this state is obligated to make pursuant to the agreement of November 24, 1953, and modifications thereof entered into under section 3.
Sec. 8. Social Security Administration Fund.
(a) There is hereby established a special fund to be known as the social security administration fund. Such fund shall consist of and there shall be deposited in such fund: (1) All payments made by participating coverage groups for assessments established by regulations adopted pursuant to this act to provide for the costs incurred by the state agency in administering this act; (2) All moneys appropriated thereto under this act; and (3) All remaining moneys collected for administration expense pursuant to chapter 103, Statutes of Nevada 1953, and regulations relating thereto.
κ1955 Statutes of Nevada, Page 863 (CHAPTER 420, AB 482)κ
(b) The social security administration fund shall be established and shall not be commingled with other state funds but shall be maintained in a separate account on the books of the depository and shall be used for:
(1) The payment of administrative costs of this act;
(2) The payment of advances to the administrative fund of the state agency covering estimated administrative costs of this act;
(3) Refunds of assessments paid by participating coverage groups which are not otherwise adjustable; and
(4) Reimbursement of advances made by the employment security department for costs of administration of chapter 103, Statutes of Nevada 1953,
for all of which purposes withdrawals from the fund are authorized.
(c) The sum of $2,000 is hereby appropriated out of any money in the state treasury not otherwise appropriated and the state treasurer is directed to transfer that sum to a special fund which shall be known as the social security administration fund. The sum of $2,000 hereby appropriated shall revert to the general fund when the state agency shall certify to the state treasurer that all advances made by the employment security department for the cost of the administration of chapter 103, Statutes of Nevada 1953, have been paid, and the balance in the fund is equal to $4,000.
Sec. 9. Rules and Regulations. The state agency shall adopt such regulations, not inconsistent with the provisions of this act, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this act.
Sec. 10. Studies and Reports. The state agency shall make studies concerning the problem of old-age and survivors insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under this act and shall submit a report to the legislature at the beginning of each regular session, covering the administration and operation of this act during the preceding biennium, including such recommendations for amendments to this act as it considers proper.
Sec. 11. Separability. If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.
Sec. 12. Repeal. Chapter 103, Statutes of Nevada 1953, at page 99, entitled An Act authorizing a state authority appointed by the governor to enter into certain agreements with the federal security administration concerning social security coverage for certain state and political subdivision workers, creating a certain revolving fund, and other matters properly connected therewith, approved March 16, 1953, and all other acts or parts of acts inconsistent herewith are hereby repealed, but all liabilities and obligations created by chapter 103, Statutes of Nevada 1953, or by any agreements entered into under the authority thereof, shall continue in full force and effect as if chapter 103, Statutes of Nevada 1953, had not been repealed.
κ1955 Statutes of Nevada, Page 864 (CHAPTER 420, AB 482)κ
Statutes of Nevada 1953, or by any agreements entered into under the authority thereof, shall continue in full force and effect as if chapter 103, Statutes of Nevada 1953, had not been repealed.
Sec. 13. Effective Date. This act shall become effective upon passage and approval.
________
Senate Bill No. 195Senator Johnson
CHAPTER 421
AN ACT securing liens to hospitals upon sums awarded to injured persons or their personal representatives and upon sums payable under indemnity contracts; providing for the filing and recording of a notice of lien and setting out the requirements of such notice and a form to be used in connection therewith; requiring service of notice of lien to be made upon those allegedly liable for damages to injured persons; providing that under certain circumstances no lien shall be allowed in cases of compromise and settlement; permitting inspection of hospital records by certain persons; setting forth the liability of third persons in connection herewith; providing for the foreclosure of liens; 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. Lien on Personal Injury Recoveries; Exception; Notice of Claim of Lien. Except as otherwise provided by law, whenever any person shall receive hospitalization on account of any injury, and such injured person, or the personal representatives of such injured person after his death, shall claim damages from the person, firm or corporation responsible for causing the injury, the hospital shall have a lien upon any sum awarded the injured person or such personal representatives, as the case may be, in judgment or obtained by a settlement or compromise to the extent of the amount due the hospital for the reasonable value of such hospitalization rendered the injured person on account of the injury prior to the date of judgment, settlement or compromise. No such lien shall be valid against anyone coming under the Nevada industrial insurance act.
Sec. 2. Filing Notice of Lien; Service of Notice. In order to perfect such lien, it shall be necessary for the hospital or the owner or operator thereof:
1. To file, prior to the payment of any moneys to the injured person, or to the legal representatives of such person, as compensation for injuries received, a notice of lien in substantially the same form as that set forth in section 7 of this act, such notice to contain an itemized statement of the amount claimed. The notice of lien shall be filed with the county recorder of the county wherein the hospital is located and shall also be filed with the county recorder of the county wherein the injury was suffered, if injury was suffered in a county other than that wherein the hospital is located.
2. To serve, prior to the date of judgment, settlement or compromise, upon the person, firm or corporation alleged to be responsible for causing the injury and alleged to be liable for damages on account thereof and from which damages are claimed, a certified copy of the notice of lien, by registered mail.
κ1955 Statutes of Nevada, Page 865 (CHAPTER 421, SB 195)κ
for causing the injury and alleged to be liable for damages on account thereof and from which damages are claimed, a certified copy of the notice of lien, by registered mail.
3. To serve, prior to the date of judgment, settlement or compromise, upon the insurance carrier which has insured against liability of the person, firm or corporation alleged to be responsible for causing the injury and alleged to be liable for damages on account thereof and from which damages are claimed, if such insurance carrier be known, a certified copy of the notice of lien, by registered mail.
Sec. 3. Effect of Settlement: Where Lien not to Apply; Compromise or Damages. No rights or claims for liens under this act shall be allowed for hospitalization rendered an injured person after a settlement has been effected by or on behalf of the party causing the injury. No lien shall apply or be allowed against any sum incurred by the injured party for necessary attorney fees and costs and expenses incurred by the injured party in securing a settlement, compromise or recovering damages by an action at law.
Sec. 4. Examination of and Copying Hospital Records. Any party legally liable or against whom a claim shall be asserted for compensation or damages for injuries shall have a right to examine and make copies of all records of any hospital in reference to and connected with the hospitalization of such injured person.
Sec. 5. County Recorders Record of Lien Claims; Index; Fees. Each county recorder shall maintain a hospital lien docket in which, upon the filing of any such notice of lien, he shall enter the name of the injured person, the approximate date of the injury, the name and address of the hospital filing the notice and the amount claimed; and he shall make an index thereto in the names of the injured persons. Each county recorder shall collect $1 for the filing of each such notice of lien and shall, upon request, make certified copies thereof and charge for each certified copy, 50 cents.
Sec. 6. Form of Lien. The form of lien which shall be filed under this act shall be substantially in the following form:
Notice is hereby given that..............................................has rendered services in hospitalization for ..............................., a person who was injured on the..................day of................................................., 19......., in the city of ...................................., county of............................................., on or about the ...............day of..........................., 19......; and the said...................................... (insert name of claimant) hereby claims a lien upon any money due or owing or any claim for compensation, damages, contribution, settlement or judgment from.........................................., alleged to have caused said injuries, or any other person, corporation or association liable for said injury. The hospitalization was rendered to the said injured person between the...............day of........................., 19........., and the..............day of..................., 19.........
ITEMIZED STATEMENT
............................................................................................. ............. ...........
............................................................................................. ............. ...........
............................................................................................. ............. ...........
κ1955 Statutes of Nevada, Page 866 (CHAPTER 421, SB 195)κ
That 15 days have not elapsed since the termination of hospitalization; that the claimants demands for such care or service is in the sum of $......................and that no part thereof has been paid, except $........................; and that there is now due and owing and remaining unpaid of such sum, after deducting all credits and offsets, the sum of $........................, in which amount lien is hereby claimed.
|
State of Nevada
County of............................. |
} |
ss. |
I,............................................, being first duly sworn, on oath say: That I am.............................................., named in the foregoing claim of lien; that I have read the same and know the contents thereof and believe the same to be true.
...........................................................
Subscribed and sworn to before me this...........day of................., 19...........
...................................................................
Notary Public, in and for the above-named county and state.
Sec. 7. Liability of Third Parties. Any person, firm or corporation, or his, their or its insurance carrier, that, after the receipt of a certified copy of notice of lien as provided for in this act, shall make any payment to such injured person, or his heirs, personal representatives or the attorney for any of them, as compensation for the injury suffered, without payment to such hospital of the reasonable value of hospitalization rendered such injured person and claimed in its notice of lien or so much thereof as can be satisfied out of the moneys due under any final judgment or settlement or compromise, after paying the attorney fees, costs and expenses incurred in connection therewith and any prior liens, shall, for a period of 180 days from and after the date of payment to such injured person, or his heirs, personal representatives or the attorney for any of them as aforesaid, be and remain liable to such hospital for the amount or part thereof which the hospital was entitled to receive as aforesaid; and the hospital shall, within such period, have a cause of action or other claim for relief against the person, firm or corporation making any such payment, which may be prosecuted and maintained in any county wherein notice of lien shall have been filed.
Sec. 8. Foreclosure of Lien. The lien provided for in this act may be foreclosed by a suit in the district court. In any suit brought under and pursuant to the provisions of this act, upon entering a decree for the plaintiff the court shall allow as part of the costs and disbursements all moneys paid for the filing and recording of the notice of lien and a reasonable sum of money as attorneys fee.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 867κ
Assembly Bill No. 489Committee on Ways and Means
CHAPTER 422
AN ACT creating the state board of health contingent fund to be used by the state board of health only in the event pending federal legislation reduces matching funds available to this state; making an appropriation therefor; providing for the method of payment and the reversion of unexpended funds; and other matters properly relating thereto.
[Approved March 29, 1955]
Whereas, The state board of health submitted its biennial budget request, as revised by the governor and reported in the executive budget, for the consideration of the 47th session of the Nevada legislature on the assumption that the United States Government would continue to use its standard formulae and procedure for allocating federal funds to the various states for public health services; and
Whereas, Since the time of such presentation of the health department budget to this session of the legislature, there has been introduced in the Congress of the United States Senate Bill No. 886, entitled the Health Improvement Act of 1955, and House of Representatives Bill No. 3292, entitled the Child-Health and Welfare Amendments of 1955; and
Whereas, These bills provide for the same method of allocation of funds to the states, but the matching requirements of federal funds are drastically changed to vary inversely with per capita income; and
Whereas, Nevada has one of the highest per capita incomes in the nation and as a result will be adversely affected by the passage of these bills so that it will require approximately $2 of state money to match each $1 of federal grant; and
Whereas, The enactment of these two bills into law is believed to be a likely possibility and this will materially change the proportion of funds available to this state and correspondingly curtail and hinder the health plan of this state unless this legislature moves to save the health program by appropriating additional funds to be used in case the Congress of the United States passes S. 886 and H.R. 3292; and
Whereas, Since its inception the state board of health has been working diligently on general health, tuberculosis control, cancer control, heart disease control, mental health, maternal child health, crippled children and other necessary plans, and has built such plans up to the crucial and productive stage so that curtailment of any of these plans would erase the many years of endeavor and would cause irreparable and dangerous hardship and suffering to many of the citizens of this state; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the biennium ending June 30, 1957, there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of $66,986, which shall be placed in a special fund in the state treasury to be known as the state board of health contingent fund, which fund is hereby created. The fund so created shall be made available for support of the state board of health only in the event the Congress of the United States enacts into law the acts mentioned in the preamble hereto or substantially similar acts, and shall be paid out on claims as other claims against the state are paid.
κ1955 Statutes of Nevada, Page 868 (CHAPTER 422, AB 489)κ
shall be made available for support of the state board of health only in the event the Congress of the United States enacts into law the acts mentioned in the preamble hereto or substantially similar acts, and shall be paid out on claims as other claims against the state are paid.
Sec. 2. Any unexpended moneys remaining in the state board of health contingent fund on June 30, 1957, shall revert to the general fund.
________
Assembly Bill No. 493Joint Committee of Building and Construction and Ways and Means
CHAPTER 423
AN ACT appropriating $330,000 from the state highway fund to the consolidated bond interest and redemption fund of the State of Nevada, and other matters related thereto.
[Approved March 29, 1955]
Whereas, Pursuant to chapter 325, Statutes of Nevada 1949, a state office building was constructed at Carson City, Nevada, with funds supplied from the state highway fund and from the issue of general obligation bonds of the state; and
Whereas, There remains outstanding a total of $330,000 of the general obligation bonds issued to finance such construction; and
Whereas, The department of highways and various other state officers and agencies have jointly occupied the building; and
Whereas, The department of highways desires to acquire sole and exclusive use and possession of such building upon completion of construction of a new state office building; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the state highway fund to the consolidated bond interest and redemption fund of the State of Nevada the total sum of $330,000 in eight equal quarterly installments of $41,250. The first installment shall be transferred on July 1, 1955, and succeeding installments on the first day of each calendar quarter thereafter until the entire sum of $330,000 shall have been transferred from the state highway fund to the consolidated bond interest and redemption fund of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 869κ
Assembly Bill No. 490Joint Committee on Ways and Means and Building and Construction
CHAPTER 424
AN ACT providing for the construction and equipment of a state office building on the grounds of the state capitol at Carson City; 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 superintendent of the state department of buildings and grounds and the state controller; creating a joint interim committee of the legislature; 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 construction and equipment of a state office building on the grounds of the state capitol at Carson City; 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 state office building construction fund.
Sec. 3. 1. To provide the state office building 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 $750,000.
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 150, 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 signatures 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 870 (CHAPTER 424, AB 490)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 state office building construction fund herein created.
6. At least four 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 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 state office building construction fund shall be used for any purpose or purposes except as follows:
1. To construct and equip a state office building on the grounds of the state capitol at Carson City.
2. To raze the so-called octagonal building or annex to the state capitol, if such action is deemed desirable in connection with the construction herein authorized.
3. To construct or rent temporary office space for any department, commission or other state agency required to vacate present quarters as a result of the construction herein authorized, but at a cost of not to exceed $50,000.
4. To provide necessary travel and per diem expenses for members of the joint interim advisory committee of the legislature provided for in this act.
Sec. 5. The cost of the construction, equipment, razing, temporary construction or renting of office space, including supervision and inspection thereof and of all the work and materials provided for in this act, including the necessary travel and per diem expenses for members of the joint interim advisory committee of the legislature, shall not exceed the sum of $750,000.
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 and equipment 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 thereof.
κ1955 Statutes of Nevada, Page 871 (CHAPTER 424, AB 490)κ
equipment 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 and equipment, 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.
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 and equipment herein provided for shall be paid out on claims against the state office building 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 superintendent of the state department of buildings and grounds 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 and equipment shall be approved by the superintendent of the state department of buildings and grounds and each contract shall be approved by the attorney general of the State of Nevada before any such contract may be let.
Sec. 9. A joint interim advisory committee of the legislature, consisting of six members, is hereby created to advise and assist the Nevada state planning board and the superintendent of the state department of buildings and grounds in carrying out the provisions of this act. Three members of the committee shall be appointed by the president of the senate from among the senators, and three members shall be appointed by the speaker of the assembly from among the members of the assembly. Members of the committee shall be entitled to reimbursement for necessary travel and per diem expenses as provided by law, to be paid from the state office building construction fund as herein provided.
Sec. 10. Upon completion and final acceptance of the building and equipment and payment therefor, the state office building 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.
κ1955 Statutes of Nevada, Page 872 (CHAPTER 424, AB 490)κ
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. 11. 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 bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as in this act provided.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 425Clark County Delegation
CHAPTER 425
AN ACT to amend an act entitled An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground-water resources of the Las Vegas valley, and to create authority to purchase, acquire and construct the necessary works to carry out the provisions of this act; to provide for the issuance of district bonds; to provide for the levy of taxes for the payment of operation and maintenance expenses and to supplement other revenues available for the payment of principal of and interest on such bonds of said district; granting said district the franchise to carry on its operations in municipal corporations within its boundaries; exempting the property and bonds of said district from taxation; validating the creation and organization of said district; and for other purposes related thereto, approved March 27, 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 167, Statutes of Nevada 1947, as amended by chapter 307, Statutes of Nevada 1951, at page 477, is hereby amended to read as follows:
Section 1. A water district may be created in the Las Vegas valley, as hereinafter provided for, for the following objects and purposes:
1. To have perpetual succession.
2. To sue and be sued in the name of said district in all actions and proceedings in all courts and tribunals of competent jurisdiction.
3. To adopt a seal and alter it at pleasure.
4. To take by grant, purchase, gift, devise, or lease, or otherwise, and to hold, use, enjoy, and to lease, or dispose of real or personal property of every kind within or without the district necessary or convenient to the full exercise of its power.
5. To acquire, by purchase, lease, construction, or otherwise, or contract to acquire, lands, rights of way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.
κ1955 Statutes of Nevada, Page 873 (CHAPTER 425, AB 425)κ
contract to acquire, lands, rights of way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.
6. To store water in surface or underground reservoirs within the district for the common benefit of the district; to conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights, and import water into the district, and to conserve same within the district, for any useful purpose to the district; to commence, maintain, intervene in, and compromise in the name of the district, or otherwise, and to assume the costs and expenses of any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said district, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands or use of water in the district.
7. To have and exercise in the State of Nevada the right of eminent domain, either within or without said district, and in the manner provided by law for the condemnation of private property for public use, to take any property necessary to carry out any of the objects or purposes of this act, whether such property be already devoted to the same use by any district or other public corporation or agency or otherwise, and to condemn any existing works or improvements in said district now or hereafter used. The power of eminent domain vested in the board of directors of said district shall include the power to condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which said board by resolution shall determine is necessary for carrying out the purposes of this act. Such resolution shall be prima-facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.
8. To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights of way; to acquire by purchase, lease, contract, condemnation, gift, or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.
κ1955 Statutes of Nevada, Page 874 (CHAPTER 425, AB 425)κ
acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.
9. To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said district, and for this purpose said district shall have the right of access through its authorized representative to all lands and premises within said district.
10. To incur indebtedness and to issue bonds in the manner herein provided.
11. To cause taxes to be levied and collected for the purpose of paying any obligation of the district during its organizational state, including necessary engineering costs and further to assist in the operational expenses of said district until such taxes are no longer required therefor.
12. To supplement the ground-water resources of Las Vegas valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.
κ1955 Statutes of Nevada, Page 875 (CHAPTER 425, AB 425)κ
13. To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district, or any of the officers thereof, by this act.
14. To supply water under contract, agreement, or in other legal manner to the United States of America, or any department thereof, the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.
15. To have the right to provide from revenues or other available funds an adequate depreciation fund for the replacement of parts of the works and properties of the district.
Sec. 2. The above-entitled act, being chapter 167, Statutes of Nevada 1947, at page 553, is hereby amended by adding thereto new sections to be designated as sections 6a to 6i, inclusive, which shall immediately follow section 6 and shall read as follows:
Section 6a. Any qualified elector of the district, having duly registered, who by reason of the nature of his vocation or business or other unavoidable cause will be absent or expects to be absent from the district on the day of any regular or special election of such water district, may vote at such election as hereinafter provided.
Section 6b. An elector, as designated in section 6a, who will be or expects to be absent from the district on the day of any regular or special election of such water district, or who by reason of illness or physical disability is or expects to be confined at home or a hospital, or attached to the Armed Forces of the United States, may, not more than 10 days nor after 5 p. m. on the Friday prior to the date of such election, make application in person, by mail or telegram to the secretary of the water district for an official absent voters ballot to be voted by him at such election.
Section 6c. Upon receipt of such application, if the secretary shall determine that such applicant is entitled to vote at such election, the secretary shall immediately, or as soon thereafter as the official absent voter ballot for the applicants precinct has been printed, send to such absent voter by mail, postage prepaid, one such official absent voter ballot, and shall enclose with such ballot an envelope, which envelope shall bear upon the front thereof the name, official title and post-office address of such secretary and the ballot number, and upon the other side a printed affidavit in substantially the following form:
|
State of Nevada......................
County of................................. |
} |
ss. |
I, ............................., hereby certify that I am a qualified elector of the..................precinct in Las Vegas valley water district, State of Nevada, and entitled to vote in such precinct at the next election; that I expect to be absent from the district on the day of holding such election, and that I will have no opportunity to vote in person on that day.
κ1955 Statutes of Nevada, Page 876 (CHAPTER 425, AB 425)κ
election, and that I will have no opportunity to vote in person on that day.
.............................................................
(Signature of voter)
No campaign literature of any kind or nature whatsoever shall be enclosed or sent with such absent voter ballot, nor shall any matter or thing be sent with such ballot except as permitted by law.
Section 6d. Such absent voter shall mark his ballot, fold it so as to conceal the vote, deposit it in the envelope provided, and securely seal the envelope. The envelope shall be mailed by such absent voter, postage prepaid, unless postage be not required of members of the Armed Forces of the United States.
Section 6e. Upon the receipt of the return ballot from the elector, any time up to the closing of the polls on any election day, the secretary shall, opposite the name of the voter in the poll book mentioned in section 6, write in ink the words Received..................................... Sent to................................., inspector of election,............................. precinct, Las Vegas valley water district, Clark County, Nevada, and shall send by accredited messenger, taking his receipt therefor, the envelope containing the ballot, unopened, to one of the duly appointed inspectors of election where such ballot is to be voted.
Section 6f. In case the applicant shall appear in person before the secretary, he shall mark and reseal the ballot in the same manner as provided in section 6d and shall forthwith deliver the ballot to the secretary, who shall treat the ballot in the same way as ballots received by mail by him.
Section 6g. On the day of election, the inspector of election who received the absent voters ballots from the secretary shall, in the presence of a majority of the election officers, proceed to deposit the ballots in the ballot box in the following manner:
The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person. If found entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and, if the number on the envelope agrees with the number of the ballot taken from the envelope, the ballot shall then be deposited in the regular ballot box, without examining or unfolding it, and the clerk of election shall mark opposite the name of the voter the word Voted.
Section 6h. When all ballots have been accounted for, and either voted or rejected, the empty envelopes that previously contained the ballots are to be returned to the secretary, together with the rejected envelopes, if any, on which shall be plainly written the cause of rejection, signed by a majority of the inspectors of election.
Section 6i. The provisions of this act shall not be so construed as to prohibit any absent voter, returning to the district, from voting in person within his precinct at any election contemplated in this act, notwithstanding that he may have made application for an absent voters ballot and such ballot may have been mailed or otherwise delivered by the secretary, if such voter has not availed himself of the privileges of an absent voter, as provided in this act, and voted the ballot mailed or otherwise delivered to him by the secretary, and if he shall return such ballot to the secretary or the election inspector of the precinct of his residence, by whom it shall be marked Canceled and preserved with other defective ballots as now provided by law.
κ1955 Statutes of Nevada, Page 877 (CHAPTER 425, AB 425)κ
privileges of an absent voter, as provided in this act, and voted the ballot mailed or otherwise delivered to him by the secretary, and if he shall return such ballot to the secretary or the election inspector of the precinct of his residence, by whom it shall be marked Canceled and preserved with other defective ballots as now provided by law.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 415Mr. Pozzi
CHAPTER 426
AN ACT authorizing financial assistance for the maintenance and operation of certain school districts wherein 10 percent of the average daily attendance includes students whose parent or parents are state employees, or students who attend schools in the school district as wards of the State of Nevada; defining certain terms and declaring the public policy of the state; stating qualifications for state financial aid and providing for the payment 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. Definitions. As used in this act unless the context or subject matter otherwise requires:
1. Average cost per pupil for maintenance and operation means the amount determined by the superintendent that is expended for the average maintenance and operation of the schools in this state for each student in average daily attendance and computed by the superintendent by dividing the aggregate total expenditure during the preceding school year by the aggregate number of children in average daily attendance.
2. Average daily attendance means the 6 months of highest daily attendance for the school year last preceding as computed and determined by the superintendent.
3. Board means the state board of education.
4. Superintendent means the superintendent of public instruction.
Sec. 2. Declaration of Policy. In recognition of the responsibility of the State of Nevada for the impact which certain state agencies and activities have on local educational facilities and in recognition of the fact that the influx of children of state employees who attend the public schools causes a considerable drain on the revenue available to support certain school districts, it is hereby declared to be the policy of the State of Nevada to provide financial assistance for those local educational agencies in accordance with the provisions of this act.
Sec. 3. Aid for Maintenance and Operation of Schools. In any area in the State of Nevada where state employment of a parent or parents, or the attendance of students who are wards of the State of Nevada, has a direct effect on the school population within its school districts, that area shall be eligible for added state financial aid under the following conditions:
κ1955 Statutes of Nevada, Page 878 (CHAPTER 426, AB 415)κ
districts, that area shall be eligible for added state financial aid under the following conditions:
1. The proportion of students in average daily attendance whose parent or parents are state employees, or the proportion of students who attend schools in the school district as wards of the State of Nevada, must exceed 10 percent of the total average daily attendance of the particular school district for the school year next preceding the date of application.
2. School districts whose student average daily attendance includes over 10 percent of state employees children, or children who are wards of the State of Nevada, shall be entitled to additional and supplemental state aid, over and above their allocation of tax revenue from the state distributive school fund or any other fund, in an amount equal to the number of such children in average daily attendance for the preceding school year multiplied by one-half the average cost per pupil for maintenance and operation, as computed from state records, for elementary and high schools in this state. The average cost per pupil for maintenance and operation in elementary and high schools in this state shall be computed by the superintendent after consultation with the local school districts, and the cost so determined shall be used as the basis under the provisions of this act for each school district making an application hereunder and his determination shall be final and conclusive.
3. The application for payment of the amount determined to be payable for any school year shall be submitted by the local school district prior to the beginning of such school year to the state board of education and filed in accordance with the rules and regulations of such board. The application shall give adequate assurance that the local school district will submit such reports as the board may reasonably require to determine the amount the local school district is entitled to.
4. Upon determining and approving the amount which the local school district is entitled to receive, the board shall authorize the superintendent to certify such amount for payment by the state treasurer to the county treasurer out of the state distributive school fund, the state school reserve fund, or the state school contingent fund on or before January 10 and July 10 of each school year in the same manner as provided by law for the apportionment and payment of other claims against the state distributive school fund, the state school reserve fund, or the state school contingent fund, whichever fund shall be deemed most appropriate and designated by the board.
Sec. 4. Effective Date. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 879κ
Assembly Bill No. 66Mr. Hendel
CHAPTER 427
AN ACT providing for an interim legislative Civil Defense Commission to further the aim of Assembly Joint Resolution No. 5, of the 46th session of the Nevada state legislature and find ways and means by which cooperative action can be taken under a joint Nevada-California legislative interstate commission to bring to the attention of the Congress the vital need for the implementation of such east of the Sierra secondary line of defense railway and the stockpiling of emergency foods, fuel, medicines, etc., as reserves for a possible California populational exodus in the event of coastal atomic attack.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created an interim legislative civil defense interstate commission, consisting of the Nevada state legislative commission and the Nevada state director of civil defense, of which the director of civil defense shall be the chairman. The commission of defense shall meet at such times and at such places as shall be specified by a call of the director of civil defense. The commission shall prescribe rules and regulations for its own management and government.
Sec. 2. For each days attendance at each meeting of the committee on defense, or if performing actual and necessary duties as prescribed by this act, the members of the committee on defense shall receive per diem and travel expenses as provided by law for such services unless otherwise provided.
Sec. 3. The duties of the committee on civil defense shall be to aid the director of civil defense in the investigation of the secondary defense plan, adopted in Assembly Joint Resolution No. 5, being designated Resolution No. 18, at page 724, Statutes of Nevada 1953, and planning ways and means by which this may be presented to the Congress of the United States for consideration and to bring to the attention of the Congress the vital need for the implementation of an east-of-the-Sierra secondary line of defense railway and the stockpiling of emergency foods, fuel, medicines and other necessary materials as reserves for a possible California populational exodus in the event of coastal atomic attack.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 880κ
Assembly Bill No. 496Elko County Delegation
CHAPTER 428
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 26, 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 150, Statutes of Nevada 1949, as last amended by chapter 305, Statutes of Nevada 1953, at page 507, is hereby amended to read as follows:
Section 2. The district attorney of Elko County, Nevada, shall receive a salary of $5,400 per annum for all his services as such officer; the district attorney may, with the unanimous consent of the board of county commissioners, employ one deputy who may receive a salary in amount to be fixed by the board of county commissioners not to exceed $4,200 per annum; the district attorney of Elko county is hereby authorized and empowered to employ one person to act as his secretary, who may receive as salary an amount to be fixed by the board of county commissioners not to exceed $3,600 per annum; the district attorney and his deputy shall be allowed only their actual expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Elko county or any governmental agency.
Sec. 2. Section 3 of the above-entitled act, being chapter 150, Statutes of Nevada 1949, as last amended by chapter 305, Statutes of Nevada 1953, at page 507, is hereby amended to read as follows:
Section 3. The sheriff of Elko County shall receive the sum of $6,000 per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided further, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff of Elko County is hereby authorized and empowered to employ one under-sheriff who may receive a salary in an amount to be fixed by the county commissioners, not to exceed $4,800 per annum; four jailers who may receive salaries to be fixed by the board of county commissioners of not more than $3,900 per annum; and one office deputy who may receive a salary to be fixed by the board of county commissioners in an amount not to exceed $4,200 per annum; provided that in cases of emergency and when the board of county commissioners deems it necessary, the sheriff may, with the consent and approval of the board, appoint one or more deputies, and such deputy or deputies to serve only as long as such emergency may continue, and shall be paid at the rate of $12 per day, but not to exceed $350 per month, for services performed in any one month by any such deputy.
κ1955 Statutes of Nevada, Page 881 (CHAPTER 428, AB 496)κ
than $3,900 per annum; and one office deputy who may receive a salary to be fixed by the board of county commissioners in an amount not to exceed $4,200 per annum; provided that in cases of emergency and when the board of county commissioners deems it necessary, the sheriff may, with the consent and approval of the board, appoint one or more deputies, and such deputy or deputies to serve only as long as such emergency may continue, and shall be paid at the rate of $12 per day, but not to exceed $350 per month, for services performed in any one month by any such deputy.
Sec. 3. Section 4 of the above-entitled act, being chapter 150, Statutes of Nevada 1949, as last amended by chapter 305, Statutes of Nevada 1953, at page 508, is hereby amended to read as follows:
Section 4. The county clerk of the county of Elko, State of Nevada, and ex officio clerk of the district court of the fourth judicial district of the State of Nevada, in and for the county of Elko shall receive as salary the sum of $5,400 per annum; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county clerk may appoint one deputy who shall receive a compensation in an amount to be fixed by the board of county commissioners not to exceed $4,200 per annum. The county clerk, or deputy, or whosoever shall be named by the county clerk to serve as secretary to the Elko County board of commissioners, may at the discretion of the board of county commissioners, receive the sum of $25 per month as and for compensation for such services, which sum shall be in addition to other compensation paid to such clerk, deputy or other person serving in such capacity.
Sec. 4. Section 5 of the above-entitled act, being chapter 150, Statutes of Nevada 1949, as last amended by chapter 305, Statutes of Nevada 1953, at page 508, is hereby amended to read as follows:
Section 5. The county recorder in and for the county of Elko, State of Nevada, and ex officio auditor, shall receive the sum of $5,400 per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount to be fixed by the board of county commissioners not to exceed $4,200 per annum.
Sec. 5. Section 6 of the above-entitled act, being chapter 150, Statutes of Nevada 1949, as last amended by chapter 305, Statutes of Nevada 1953, at page 508, is hereby amended to read as follows:
Section 6. The assessor of Elko County, Nevada, shall receive a salary of $5,800 per annum; he shall pay into the county treasury of the county each month all moneys collected by him as fees and taxes, without deduction of any nature; the county assessor may appoint one deputy who may receive a salary in an amount to be fixed by the board of county commissioners not to exceed $4,200 per annum.
Sec. 6. Section 7 of the above-entitled act, being chapter 150, Statutes of Nevada 1949, as last amended by chapter 305, Statutes of Nevada 1953, at page 509, is hereby amended to read as follows:
Section 7. The county treasurer and ex officio tax receiver of Elko County, Nevada, shall receive the sum of $5,400 per annum which shall be in full compensation for all services rendered by the treasurer.
κ1955 Statutes of Nevada, Page 882 (CHAPTER 428, AB 496)κ
Elko County, Nevada, shall receive the sum of $5,400 per annum which shall be in full compensation for all services rendered by the treasurer. He shall pay into the county treasury each month all moneys collected by him as fees, without deductions of any nature; the county treasurer may appoint one deputy who may receive a salary in an amount to be fixed by the county commissioners not to exceed $4,200 per annum.
Sec. 7. Section 8 of the above-entitled act, being chapter 150, Statutes of Nevada 1949, as amended by chapter 180, Statutes of Nevada 1951, at page 267, is hereby amended to read as follows:
Section 8. The county commissioners of Elko County, Nevada, shall receive the sum of $2,400 per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed ten cents (10’) per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat.
Sec. 8. Section 10 of the above-entitled act, being chapter 150, Statutes of Nevada 1949, as amended by chapter 180, Statutes of Nevada 1951, at page 267, is hereby amended to read as follows:
Section 10. The county commissioners of Elko County, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such periods of time as may be necessary and to fix their compensation in an amount not to exceed $325 per month, for any such assistant; and are also authorized and empowered to fix the compensation of deputies and others named in this act, but not in excess of the compensation named herein for such deputy or assistants except as hereinafter provided; the county commissioners of Elko County, Nevada, are hereby authorized and empowered to employ skilled and special assistants for such periods of time as may be necessary and to fix their compensation in an amount consistent with the type of duty and special skill required in connection with such employment; the county commissioners shall fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; provided, such rate shall not be in excess of ten cents (10’) per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any such officer.
Sec. 9. This act shall become effective upon the first day of the month following its passage and approval.
________
κ1955 Statutes of Nevada, Page 883κ
Senate Bill No. 170Senator Crumley
CHAPTER 429
AN ACT concerning gaming and permitting the same under county and state licenses; providing for the issuance, suspension and revocation of licenses; creating a state gaming control board; providing for enforcement hereof by the state gaming control board and the Nevada tax commission; prohibiting minors from playing or loitering about gambling games and devices; providing for the collection and use of moneys obtained from gaming license fees; defining certain terms; providing penalties for violation hereof, 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:
GENERAL PROVISIONS
Section 1. Short Title. This act may be known and cited as the Nevada Gaming Control Act.
Sec. 2. Definitions, Words and Terms; Tense, Number and Gender.
1. As used in this act, unless the context otherwise requires:
(a) Applicant means any person who has applied for or is about to apply for a state gaming license under the provisions of this act.
(b) Application means a request for the issuance of a state gaming license under the provisions of this act.
(c) Board means the state gaming control board as established by this act.
(d) Certificate or certificate of eligibility means a certificate of eligibility for a state gaming license, as provided for in this act.
(e) Chairman means the chairman of the state gaming control board.
(f) City means any incorporated or unincorporated city or town.
(g) Commission means the Nevada tax commission.
(h) Commissioner means a member of the Nevada tax commission.
(i) Establishment means any premises wherein or whereon any gaming is done.
(j) Game or gambling game means any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondyke, craps, stud poker, draw poker or slot machine, but shall not include social games played solely for drinks or cigars or cigarettes served individually, games played in private homes or residences for prizes or coin machines operated solely for cigars, cigarettes, drinks or golf balls.
(k) Gaming or gambling means to deal, operate, carry on, conduct, maintain or expose for play any game as herein defined.
(l) Gaming device means any mechanical contrivance or machine used in connection with gaming or any game.
(m) Gross revenue means the total of all sums received as winnings less only the total of all sums paid out as losses by a licensee under a state gaming license during a calendar quarter.
κ1955 Statutes of Nevada, Page 884 (CHAPTER 429, SB 170)κ
(n) Hearing examiner means a member of the state gaming control board or Nevada tax commission or other person authorized by the state gaming control board or Nevada tax commission to conduct hearings.
(o) License or gaming license means any license issued by the state or any political subdivision thereof pursuant to this act which authorizes the person named therein to engage in gaming.
(p) Licensee means any person to whom a valid gaming license has been issued.
(q) License fees means any moneys required by law to be paid to obtain or renew a gaming license.
(r) Member or board member means a member of the state gaming control board.
(s) Operation means the conduct of gaming.
(t) Person means any corporation or association as well as a natural person.
(u) Quarter or calendar quarter means a period of 3 consecutive months commencing on the first day of January, April, July or October in any year.
(v) Slot machine means any mechanical device, contrivance or machine played for money or for checks or tokens redeemable in money or property.
2. In construing the provisions of this act, save when otherwise plainly declared or clearly apparent from the context:
(a) Words in the present tense shall include the future tense.
(b) Words in the masculine shall include the feminine and neuter genders.
(c) Words in the singular shall include the plural, and in the plural shall include the singular.
STATE GAMING CONTROL BOARD
Sec. 3. State Gaming Control Board: Creation; Number of Members. The state gaming control board, consisting of three members, is hereby created.
Sec. 4. Members of Board: Qualifications and Eligibility; Consecutive Terms.
1. Each member of the board shall:
(a) Be a citizen of the United States.
(b) Be, or within 6 months after appointment, become and remain a resident of the State of Nevada.
2. One member of the board may be the executive secretary of the Nevada tax commission.
3. No member of the legislature, no person holding any elective office in the state government, nor any officer or official of any political party shall be eligible to appointment to the board.
4. It is the intention of the legislature that the board shall be composed of the most qualified persons available, preferably having training or practical experience in any of the following fields of endeavor: accountancy, administrative, investigation, law enforcement, law or gaming.
κ1955 Statutes of Nevada, Page 885 (CHAPTER 429, SB 170)κ
Sec. 5. Appointment and Terms of Board Members; Vacancies; Removal.
1. Appointments to the board, except those to fill unexpired terms, shall be for terms as follows:
(a) Two members for 4 years.
(b) One member for 2 years.
(c) Thereafter, all members shall be appointed for terms of 4 years.
2. Appointments to the board shall be made by the governor.
3. Appointments to fill vacancies on the board shall be for the unexpired term of the member to be replaced, and shall be made by the governor.
4. The governor shall designate the member to serve as chairman of the board.
5. Any member may be removed at any time without cause upon the affirmative vote of not less than five members of the Nevada tax commission.
Sec. 6. Board Members to Devote Full Time; No Political Activity; Oaths.
1. Each member shall devote his entire time and attention to the business of the board and shall not pursue any other business or occupation or hold any other office of profit, except that the executive secretary of the Nevada tax commission may serve simultaneously as chairman or as a member of the board and also as executive secretary of the Nevada tax commission.
2. No member shall be:
(a) A member of any political convention.
(b) A member of any committee of any political party, or engage in any party activities.
3. No member shall be pecuniarily interested in any business or organization holding a gaming license under this act, or doing business with any person or organization licensed under this act.
4. Before entering upon the duties of his office, each member shall subscribe to the constitutional oath of office, and in addition swear that he is not pecuniarily interested in any business or organization holding a gaming license or doing business with any such person or organization. The oath of office shall be filed in the office of the secretary of state.
Sec. 7. Compensation of Members; Travel and Per Diem.
1. The board members shall each receive an annual salary of $15,000. If the executive secretary of the Nevada tax commission is also a member of the board, the total compensation received by him in both capacities shall not exceed $15,000 per year.
2. In addition to the salary set forth above, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
Sec. 8. Organization and Employees.
1. The board may, with the consent of the commission:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
κ1955 Statutes of Nevada, Page 886 (CHAPTER 429, SB 170)κ
(b) Employ and discharge such personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it, as it may deem necessary.
(e) Except as hereinafter provided in this act, all costs of administration incurred by the board shall be paid out on claims from the general fund in the same manner as other claims against the state are paid.
2. The board shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the board, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 351, Statutes of Nevada 1953, or any acts amendatory or supplemental thereto.
Sec. 9. Attorneys for Board and Nevada Tax Commission.
1. The Nevada tax commission and the board are authorized to employ and fix the compensation of such attorney or attorneys deemed necessary by it to assist in carrying out the provisions of this act.
2. Any attorney employed by the Nevada tax commission or the board shall attend all meetings of the gaming control board, furnish to it such legal advice as may be necessary and shall represent the board in any proceeding to which it is a party.
Sec. 10. Offices of the Board. The board shall keep its main office at Carson City in conjunction with the Nevada tax commission in rooms provided by the superintendent of the state department of buildings and grounds. The board may, in its discretion, maintain a branch office in Las Vegas in space to be provided in the state office building or at any other place in this state.
Sec. 11. Meetings; Notice; Quorum.
1. Regular and special meetings of the board may be held, at the discretion of the board, at such times and places as it may deem convenient, but at least one regular meeting shall be held in Carson City each month.
2. Public notice of the time and place of special meetings shall be given at least 7 days prior to such meeting.
3. All meetings of the board shall be open to the public. Hearings may be conducted by the board, or a member, in private at the discretion of any member.
4. A majority of the members shall constitute a quorum of the board, and a majority of members present at any meeting shall determine the action of the board.
5. Hearings may be conducted by one or more members with the concurrence of a majority of the board without notice at such times and places, within or without the State of Nevada, as the member or members may deem convenient.
6. The Nevada tax commission shall hold at least one meeting in each month on or after the 15th day of the month at Carson City, at which meeting gaming matters shall be considered.
κ1955 Statutes of Nevada, Page 887 (CHAPTER 429, SB 170)κ
each month on or after the 15th day of the month at Carson City, at which meeting gaming matters shall be considered.
Sec. 12. Records of Board and Nevada Tax Commission.
1. The board and the commission shall cause to be made and kept a record of all proceedings had at regular and special meetings of the board and the commission, which records shall be open to public inspection.
2. The board shall keep and maintain a file of all applications for licenses under this act, together with a record of all action taken with respect to such application, which file and record shall be open to public inspection.
3. The board and the commission may maintain such other files and records as they may deem desirable.
4. All information and data required by the board or commission to be furnished to it hereunder or which may be otherwise obtained relative to the earnings or revenue of any applicant or licensee shall be considered confidential and shall not be revealed in whole or in part except as follows:
(a) In the course of the necessary administration of this act.
(b) Upon the lawful order of a court of competent jurisdiction.
(c) To a duly authorized agent of the Federal Bureau of Investigation, the United States Treasury Department or the Commissioner of the Internal Revenue Service of the United States.
5. All information and data pertaining to an applicants criminal record, antecedents and background, other than financial, furnished to or obtained by the board or the commission from any source, may be considered confidential and may be withheld in whole or in part; except that any information shall be released upon lawful order of a court of competent jurisdiction.
6. The files, records and reports of the board shall at all times be open to inspection and copying by the Nevada tax commission and its duly authorized agents.
7. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada tax commission shall be made available to the state gaming control board as is necessary to the administration of this act.
COMMISSION POWERS AND DUTIES
Sec. 13. Policy. It is hereby declared to be the policy of this state that all establishments where gambling games are conducted or operated or where gambling devices are operated in the State of Nevada shall be licensed and controlled so as to better protect the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada. Any license issued pursuant to this act shall be deemed to be a revocable privilege and no holder thereof shall be deemed to have acquired any vested rights therein or thereunder.
Sec. 14. Powers and Duties.
1. The provisions of this act with respect to state gaming licenses shall be administered by the state gaming control board and the Nevada tax commission, which are hereby charged with administering the same for the protection of the public and in the public interest in accordance with the policy of this state.
κ1955 Statutes of Nevada, Page 888 (CHAPTER 429, SB 170)κ
shall be administered by the state gaming control board and the Nevada tax commission, which are hereby charged with administering the same for the protection of the public and in the public interest in accordance with the policy of this state.
2. The board shall investigate the qualifications of each applicant for licenses under this act before any license is issued and shall continue to observe the conduct of all licensees to the end that licenses shall not be issued to nor held by unqualified or disqualified persons or unsuitable persons or persons whose operations are conducted in an unsuitable manner or for unsuitable or prohibited places or locations. The board shall have full and absolute power and authority to recommend the denial of any application for license, or the limitation or restriction of such license or the suspension or revocation of any license, for any cause deemed reasonable by the board. The Nevada tax commission shall have full and absolute power and authority to deny any application for license, or to limit, restrict, revoke or suspend any license, for any cause deemed reasonable by the commission.
3. The board and the commission and their agents, inspectors and employees have the authority:
(a) To inspect and examine all premises wherein gaming is conducted.
(b) To inspect all equipment and supplies in, upon or about such premises.
(c) Summarily to seize and remove from such premises and impound any such equipment or supplies for the purpose of examination and inspection.
(d) To demand access to and inspect, examine and audit all papers, books and records of applicants and licensees respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy of or any of the provisions of this act.
4. For the purpose of the administration of this act, the board, the Nevada tax commission and their agents, inspectors and employees shall be invested with the powers of a peace officer of the State of Nevada.
5. The board and the commission or any member thereof shall each have full power and authority to issue subpenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process may be served in the manner provided for service of process in civil actions. The board or the commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the board or commission shall be guilty of perjury.
Sec. 15. Rules and Regulations; State Gaming Control Board and Nevada Tax Commission.
1. The commission and the board are hereby empowered and shall, from time to time, make, promulgate, modify, amend and repeal such rules and regulations, consistent with the policy, objects and purposes of this act, as they may deem necessary or desirable in the public interest in carrying out the policy and provisions of this act.
κ1955 Statutes of Nevada, Page 889 (CHAPTER 429, SB 170)κ
rules and regulations, consistent with the policy, objects and purposes of this act, as they may deem necessary or desirable in the public interest in carrying out the policy and provisions of this act.
2. Such rules and regulations may, without limiting the general powers herein conferred, include the following:
(a) Prescribing the method and form of application which any applicant for a gaming license shall follow and complete prior to consideration of his application by the board.
(b) Prescribing the information to be furnished by any applicant or licensee concerning such persons antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present.
(c) Requiring fingerprinting of an applicant or licensee or employee of a licensee or other methods of identification.
(d) Prescribing the manner and procedure of all hearings conducted by the board or commission or any hearing examiner of the board or commission, including special rules of evidence applicable thereto and notices thereof.
(e) Requiring any applicant to pay all or any part of the cost of investigation of such applicant.
(f) Prescribing the manner and method of collection and payment of fees and issuance of licenses.
(g) Defining and limiting the area, games and devices permitted; and the method of operation of such games and devices for the purposes of this act.
(h) Prescribing under what conditions the nonpayment of a gambling debt by a licensee shall be deemed grounds for revocation or suspension of his license.
(i) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the board or commission, except any privilege afforded by the constitutions of the United States or this state.
(j) Prescribing the qualifications of, and the conditions under which, attorneys, accountants and others shall be permitted to practice before the board or commission.
GAMING
Sec. 16. License Required.
1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this act, or to operate, carry on, conduct or maintain any racehorse book or sports pool; or provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or to receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the same to be carried on without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance, or by the governing board of any unincorporated city or town.
κ1955 Statutes of Nevada, Page 890 (CHAPTER 429, SB 170)κ
force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance, or by the governing board of any unincorporated city or town.
2. It is unlawful for any person to lend, let or deliver any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.
Sec. 17. Qualifications for State License.
1. Any person who the Nevada tax commission shall determine is a suitable person to receive a license under the provisions of this act, having due consideration for the proper protection of the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada, may be issued a state gaming license. The burden of proving his qualification to receive or hold any license hereunder shall be at all times on the applicant or licensee.
2. No corporation, limited partnership, business trust or organization or other association of a quasi-corporate character shall be eligible to receive or hold any license under this act unless all persons having any direct or indirect interest therein of any nature whatsoever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this act.
3. The Nevada tax commission may, by regulation, limit the number of persons who may be financially interested and the nature of such interest, in any corporation or other organization or association licensed under this act, and establish such other qualifications for licenses as they may, in their uncontrolled discretion, deem to be in the public interest.
Sec. 18. Qualifications for County Licenses. No person shall be qualified to hold any county license unless he is the holder of a valid state license and unless he meets such other qualifications as may be imposed by any valid county ordinance.
Sec. 19. Qualifications for Municipal Licenses. No person shall be permitted to engage in gaming operations in any city or town, or unincorporated city or town, in this state, unless he has in force, valid state and county licenses, as well as any licenses required by such city or town, or by such unincorporated city or town.
Sec. 20. Application; State License.
1. Application for a state gaming license shall be made to the board on forms furnished by the board and in accordance with the rules and regulations of the board.
2. The application shall include:
(a) The name of the proposed licensee.
(b) The location of his place or places of business.
κ1955 Statutes of Nevada, Page 891 (CHAPTER 429, SB 170)κ
(c) The gambling games, gaming device or slot machines to be operated.
(d) The names of all persons directly or indirectly interested in the business and the nature of such interest.
(e) Such other information and details as the board may require in order to properly discharge its duty.
3. The board shall furnish to the applicant supplemental forms which the applicant shall complete, and file with the application. Such supplemental forms shall require, but shall not be limited to, complete information and details with respect to the applicants antecedents, habits, character, criminal record, business activities, financial affairs and business associates, covering at least a 10-year period immediately preceding the date of filing of the application.
Sec. 21. Hearing and Order.
1. Within a reasonable time after filing of an application and such supplemental information as the board may require, the board shall commence its investigation of the applicant and shall conduct such preliminary hearing or hearings in accordance with its rules and regulations as it may deem necessary. Thereafter, and upon completion of its investigation and preliminary hearings, the board shall conduct its final hearing on the application.
2. The board shall make its order, either approving or denying an application, not longer than 30 days after final hearing on the application; and, in any event, not longer than 6 months after the application and supporting data is completed and filed with the board. In the event an application is denied, the board shall prepare and file with the Nevada tax commission its written findings of fact and conclusions of law upon which the order is based.
3. The board shall have full and absolute power and authority to deny any application for a certificate of eligibility for a license for any cause deemed reasonable by the board.
4. Denial of an application shall be without prejudice to a new and different application if made in conformity to rules and regulations of the board applicable to such situations.
Sec. 22. Issuance of State License.
1. After final order approving an application, the board will issue to the applicant or applicants named, under the name or style therein designated, a certificate of eligibility for state gaming license.
(a) The board may limit such certificate or place such conditions thereon as it may, in the public interest, deem necessary.
(b) The board may, by unanimous vote, and if satisfied of the necessity of such action, issue a probationary certificate.
(c) No certificate of eligibility shall be assigned either in whole or in part.
2. After final order of the state gaming control board concerning an application, the Nevada tax commission may, after considering the recommendation of the board, issue to the applicant or applicants named, under the name or style therein designated, a state gaming license, or deny the same.
κ1955 Statutes of Nevada, Page 892 (CHAPTER 429, SB 170)κ
(a) The Nevada tax commission may limit such license or place such conditions thereon as it may deem necessary in the public interest.
(b) The Nevada tax commission may, if satisfied of the necessity of such action, issue a probationary license.
(c) No state gaming license shall be assigned either in whole or in part.
3. If the Nevada tax commission is not satisfied that an applicant approved by the state gaming control board is qualified to be licensed hereunder, the Nevada tax commission may make such investigation into and conduct such hearings concerning the qualifications of the applicant in accordance with its rules and regulations as it may deem necessary.
If the commission desires to make further investigation or conduct such hearings, it shall, within 30 days after presentation and filing of a certificate of eligibility, so notify the applicant and set a date for hearing, if a hearing is requested by the applicant. Final action by the commission shall be taken within 120 days after presentation and filing of the certificate of eligibility. Failure of the commission to take affirmative action within such 30-day period shall be deemed to constitute approval of such applicant by the commission, and a license shall be issued forthwith upon compliance by the applicant with the provisions of subsection 5 of this section.
4. The Nevada tax commission shall have full and absolute power and authority to deny any application for a license for any cause deemed reasonable by such commission. In the event an application is denied, the Nevada tax commission shall prepare and file its written findings of fact and conclusions of law upon which its order denying such application is based.
5. If satisfied that an applicant is eligible to receive a state gaming license, and upon tender of all license fees as required by law and regulation of the Nevada tax commission and such bond as the Nevada tax commission may require for the payment of license fees and the faithful performance of all requirements imposed by law or regulation or the conditions of the license, the Nevada tax commission will issue to the applicant or applicants named, under the name or style designated, such license as may be appropriate or as is provided by law.
(a) In any case in which the establishment for which a license is to be issued has not operated for the full period of the preceding calendar quarter, or if for any reason a record of the past full quarter cannot be obtained, a provisional license may be issued for the current quarter on an estimate of the license fees due upon filing of a sufficient bond or undertaking in a penal sum not exceeding $25,000 conditioned on the payment in arrears at the end of the first full calendar quarter of operation of the license fee due on the basis of the gross revenue for such full quarter, and any partial quarter preceding such full quarter.
(b) In any case in which the establishment for which a license is to be issued has been operated for the full period of the preceding calendar quarter, the gross revenue of such establishment during such preceding full calendar quarter may be used in determining the license fees due hereunder.
κ1955 Statutes of Nevada, Page 893 (CHAPTER 429, SB 170)κ
preceding full calendar quarter may be used in determining the license fees due hereunder.
Sec. 23. Issuance of County License.
1. Any person to whom a state license has been issued as hereinabove provided may, upon proper application to the sheriff of the county wherein it is proposed that such gaming operation shall be conducted, be issued a license for each particular device or game or slot machine, upon compliance with such conditions and regulations as may be imposed by the county, and on payment to the sheriff of license fees as required by law or ordinance.
2. Licenses shall be prepared by the county auditor and shall be issued and accounted for as is by law provided in respect to other county licenses. Every license issued to any person by the sheriff under this act shall contain the name of the licensee and a particular description of the room and premises in which the licensee intends to carry on, conduct or operate any slot machine, game or device, and shall specify the particular type of slot machine, or the particular game or the particular device by name. Any such license shall not be transferable by the licensee to any other person, and shall be valid only for the particular room and premises described therein and the specific slot machine, game or device for which it is issued; but nothing herein shall be deemed to forbid the issuance of a single license certificate evidencing that two or more slot machines are licensed for the same premises and location, giving the serial number and denomination of each such machine.
Sec. 24. State License Prerequisite; Denial of County or City License. No county, incorporated city or town, or unincorporated city or town, shall grant a license for gaming to any applicant unless such applicant shall hold a valid state gaming license issued by the commission; but the issuance by the commission of such license shall impose no requirements upon any such county, city or town to issue a gambling license to such applicant.
Sec. 25. Taxing Powers Preserved. Nothing contained in this act shall be deemed to affect the powers conferred by the provisions of the charter or organic law of any county or incorporated city in the State of Nevada to fix, impose and collect a license tax, and in all such counties or incorporated cities having such powers the sheriff shall not issue any such license for the operation of any such slot machine, game or device within the boundaries of such county or incorporated city until the applicant shall have first exhibited to him a valid and subsisting license obtained from such county or incorporated city, located within his county, permitting the operation of such slot machine, game or device at the location applied for within the boundaries of such county or incorporated city.
Sec. 26. Posting Licenses.
1. All licenses issued under the provisions of this act shall be posted by the licensee and kept posted at all times in a conspicuous place in the establishment for which issued until replaced by a succeeding license.
κ1955 Statutes of Nevada, Page 894 (CHAPTER 429, SB 170)κ
2. All such licenses may be inspected by authorized state, county, city and town officials, who shall report, in writing, to the board, the Nevada tax commission and the sheriff of the county wherein such games and slot machines are located any and all games and slot machines found to be operating without a valid license.
Sec. 27. Renewal of State Licenses.
1. Subject to the power of the Nevada tax commission to deny, revoke, suspend or limit licenses, any state license in force may be renewed by the Nevada tax commission for the next succeeding calendar quarter upon proper application for renewal and payment of state license fees as required by law and the rules and regulations of the Nevada tax commission.
2. All state gaming licenses shall become subject to renewal on the first day of each January and the first day of each calendar quarter thereafter.
3. Application for renewal shall be filed with the Nevada tax commission and all state license fees required by law shall be paid to the Nevada tax commission on or before the 25th day of January of each year and on or before the 25th day of the first month of each calendar quarter thereafter.
4. Any person failing to pay any state license fees due at the times hereinabove provided shall pay in addition to such license fee a penalty of not less than $10 or 10 percent of the gross amount due, whichever is the greater, but in no case in excess of $500, which penalty shall be collected as are other charges, licenses and penalties under this act.
5. Upon renewal of any state license the Nevada tax commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.
6. Any person who shall operate, carry on, conduct or expose for play any gambling game, gaming device or slot machine after his license shall have become subject to renewal, and shall thereafter fail to apply for renewal as herein provided, shall be guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees and penalties which would have been due and payable upon application for renewal as herein provided.
Sec. 28. County Licenses. Subject to the power of the Nevada tax commission to deny, revoke or suspend licenses, any county license in force on the expiration date thereof may be replaced by a new license issued by the sheriff upon proper application and payment of county license fees as required by law, ordinance or regulation.
Sec. 29. Information To Be Furnished. Every licensee shall at all times maintain on file with the Nevada tax commission a current report, verified by the affidavit of the person or an officer of a corporation and every stockholder thereof, to whom the license is issued, which shall set forth such information as may be required by the rules and regulations of the board and the commission.
Sec. 30. Transfers of Ownership. It is unlawful for any person to sell, purchase, lease, hypothecate, borrow or loan money, or create a voting trust agreement or any other agreement of any sort, to or with any licensee in connection with any gaming operation licensed under this act, or with respect to any portion of such gaming operation, except in accordance with the rules and regulations of the Nevada tax commission.
κ1955 Statutes of Nevada, Page 895 (CHAPTER 429, SB 170)κ
with any licensee in connection with any gaming operation licensed under this act, or with respect to any portion of such gaming operation, except in accordance with the rules and regulations of the Nevada tax commission.
Sec. 31. Suspension or Revocation of Licenses.
1. The board shall investigate any apparent violation of this act or its rules or regulations which comes to its attention and may conduct such hearings with respect thereto as it may deem necessary. The commission may direct the board to investigate any apparent violation of this act or any rules or regulations which comes to its attention.
2. If, after such investigation and hearing as it deems necessary, the board is satisfied that a license should be suspended, revoked or limited it shall so recommend in writing to the commission and transmit therewith its findings of fact and conclusions of law, all evidence in its possession bearing on the matter and any transcript of testimony at any hearing conducted by or on behalf of the board.
3. Upon receipt of the recommendations of the board, the Nevada tax commission shall review the same and all matter presented in support thereof, and may conduct such further investigations or hearings as it may deem necessary or appropriate in the circumstances.
4. The Nevada tax commission shall have full and absolute power and authority to limit, revoke or suspend any license for any cause deemed reasonable by the commission, after it has availed itself of the provisions of subsections 1 and 2 above.
5. In the event the commission shall limit, suspend or revoke any license, it shall issue its written order therefor and cause to be prepared and filed its findings of fact and conclusions of law upon which such order of suspension or revocation is based.
6. Any such limitation, revocation or suspension so made shall be and remain effective until reversed or modified by a court of competent jurisdiction upon review.
7. Upon review, all findings of fact made by the commission shall be conclusive if supported by any evidence.
MISCELLANEOUS PROVISIONS
Sec. 32. License Fees: Collection and Disposition.
1. All gaming license fees imposed by the provisions of chapter 99, Statutes of Nevada 1931, and all acts amendatory or supplemental thereto shall be collected and disposed of as herein provided.
2. State gaming license fees: All state gaming license fees and penalties shall be collected by the Nevada tax commission and paid over immediately to the state treasurer for credit to the general fund.
3. County license fees:
(a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or has been revoked or suspended, or for any other reason.
(b) It is hereby made the duty of the sheriff in his county to demand that all persons required to procure county licenses in accordance with this act, take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
κ1955 Statutes of Nevada, Page 896 (CHAPTER 429, SB 170)κ
liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On the 1st Monday of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under this act shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of an act entitled An Act providing for the government of the towns and cities of this state, approved February 26, 1881, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 33. Costs of Administration.
1. Costs of administration of this act incurred by the Nevada tax commission and the gaming control board shall be paid from the general fund on claims presented by the Nevada tax commission and approved and paid as other claims against the state are paid; but the total amount of such claims shall not exceed 10 percent of the total amount of money collected pursuant to this act.
2. In order to facilitate the confidential investigation of violations of this act, and the rules and regulations promulgated by the state gaming control board and the Nevada tax commission pursuant hereto, there is hereby created the state gaming control board revolving fund. Upon the written request of the chairman of the board, the state controller is directed to draw his warrant in favor of the chairman in the amount of $3,000, and upon presentation of the same to the state treasurer, the treasurer shall pay the same. When the warrant is paid, the chairman shall deposit the $3,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners. Before the chairman of the board shall receive such $3,000 from the state treasurer, he shall furnish a bond to the State of Nevada in the penal sum of $6,000, conditioned upon the faithful performance of his duties hereunder.
The chairman of the board is hereby authorized to use the revolving fund to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this act, including the prepayment of expenses where necessary, and whether such expenses be incurred for investigation of known or suspected violations hereof.
κ1955 Statutes of Nevada, Page 897 (CHAPTER 429, SB 170)κ
and whether such expenses be incurred for investigation of known or suspected violations hereof. In allowing such expenses the chairman shall not be limited or bound by the provisions of chapter 247, Statutes of Nevada 1949, or any act amendatory thereof or supplemental thereto.
After the expenditure of money from the revolving fund, the chairman of the board shall present a claim to the board of examiners for the amount of the expenditure to be replaced in the revolving fund. The claim shall be audited, allowed and paid as are other claims against the state, but such claim shall not detail the investigation made as to the agent or employee making the same or the person or persons investigated. If the board of examiners be not satisfied with the claim, the members thereof may orally examine the chairman concerning the same.
In no event shall the expenditures authorized by this act be deemed to be an exception to the limitation on expenditures hereinabove provided, but the expenditures herein authorized shall be deemed administrative expenses of this act. Expenditures hereunder shall not exceed $15,000 in any 1 calendar year.
Sec. 34. Cheating Games. It shall be unlawful to conduct, carry on, operate, deal or allow to be conducted, carried on, operated or dealt any cheating or thieving game or device, or to deal, conduct, carry on, operate or expose for play any game or games played with cards, dice, or any mechanical device, or any combination of the same, which may have in any manner been marked or tampered with to deceive the public, or equipped with electrical or any other device whatsoever which might render the game more liable to win or lose. The use of marked cards, loaded dice, plugged or tampered-with machines or devices to deceive the public, is expressly made unlawful. Any violation of the provisions of this section shall be deemed a gross misdemeanor, and shall be punishable by a fine of not less than $1,000, or imprisonment in the county jail for a term of not less than 6 months, or by both fine and imprisonment.
Sec. 35. Gaming by Minors Prohibited.
1. No person under the age of 21 years shall:
(a) Play, or be allowed to play, any licensed game or slot machine.
(b) Loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game is operated or conducted.
2. Any licensee, employee, dealer or other person who shall violate or permit the violation of any of the provisions of this section, and any person, under 21 years of age, who shall violate any of the provisions of this section, shall be guilty of a misdemeanor.
3. In any prosecution or other proceeding for the violation of any of the provisions of this section, it shall be no excuse for the licensee, employee, dealer or other person to plead he believed the person to be 21 years old or over.
Sec. 36. Penalties.
1. Conviction by a court of competent jurisdiction of the violation of any of the provisions of this act may act as an immediate revocation of any and all licenses which may have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the Nevada tax commission, order that no new or additional license under this act be issued to such violator, or be issued to any person for the room or premises in which such violation occurred, for a period of 1 year from the date of such revocation.
κ1955 Statutes of Nevada, Page 898 (CHAPTER 429, SB 170)κ
in addition, the court may, upon application of the district attorney of the county or of the Nevada tax commission, order that no new or additional license under this act be issued to such violator, or be issued to any person for the room or premises in which such violation occurred, for a period of 1 year from the date of such revocation.
2. The violation of any of the provisions of this act, the penalty for which is not herein specifically fixed, shall be deemed a gross misdemeanor and shall be punished by a fine of not less than $1,000 or imprisonment in the county jail for a term of not less than 6 months, or by both such fine and imprisonment.
Sec. 37. Severability. If any provision of this act shall be held invalid, it shall not be construed to invalidate any of the other provisions of this act.
Sec. 38. Repeals. Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 10a, 10b, 10b1, 10b2, 10c, 10d, 10f, 10ff, 10f.1, 11, 12, 13, 13a, 13b, 13c, and 13d of that certain 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, being chapter 99, Statutes of Nevada 1931, and all other acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 39. Effective Date. This act shall become effective upon passage and approval; however, the Nevada tax commission shall administer all of the provisions of this act to and including June 30, 1955.
________
Senate Bill No. 238Senator Johnson
CHAPTER 430
AN ACT appropriating the sum of $15,000 for use by the Nevada state library for obtaining necessary records and documents to be made available to the proceedings of the special master appointed by the United States Supreme Court to conduct the Colorado River proceedings; stating conditions that the appropriation is not effective until a determination to hold the meetings in this state is properly certified; requiring the transferring of the appropriation, fully or partially, back to the general fund when sufficient amounts are made available to the Colorado River commission; and other matters properly relating thereto.
[Approved March 29, 1955]
Whereas, The 46th session of the Nevada legislature directed the attorney general of this state to intervene involving water rights on the Colorado River; and
Whereas, The attorney generals office has complied with this directive and through legal counsel authorized to be appointed has diligently and assiduously been engaged in the preparation and submission of Nevadas position and interest in this case; and
κ1955 Statutes of Nevada, Page 899 (CHAPTER 430, SB 238)κ
and assiduously been engaged in the preparation and submission of Nevadas position and interest in this case; and
Whereas, The United States Supreme Court has appointed a special master with general trial powers to hear evidence and report, and the State of Nevada has extended its invitation, pursuant to Assembly Resolution No. 26, to the special master to hold his numerous hearings, requiring the presence of a large staff and many legal representatives, in the assembly chambers of this capitol; and
Whereas, The same resolution directed that the facilities of the law department of the Nevada state library be made available to all parties concerned, and this will necessitate vast amounts of additional data, records and documents to be gathered, collected, purchased, and catalogued as well as the employment of additional personnel to keep the law library in operation during the evenings and perform other necessary functions; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated out of the state treasury of the State of Nevada, from funds not otherwise appropriated, the sum of $15,000 as an additional and supplemental appropriation to be made available to the Nevada state library upon the presentation by the state librarian to the state controller of a certified statement of the special master of the United States stating that the proceedings will be held in the State of Nevada pursuant to the invitation extended by Assembly Resolution No. 26 of the 47th session of the Nevada legislature. The appropriation herein made shall be paid out on claims as other claims against the state are paid.
Sec. 2. Within 2 years after the receipt of the appropriation herein authorized, the state controller and the state treasurer are authorized and directed to transfer from the Colorado River commission fund to the general fund the sum of $15,000 or so much thereof as shall be made available to the commission which is determined by the state board of examiners as being transferable in reimbursement of the appropriation made by this act without jeopardizing or impairing the uninterrupted, efficient and regular operations of such commission.
________
κ1955 Statutes of Nevada, Page 900κ
Assembly Bill No. 340Mrs. Denton
CHAPTER 431
AN ACT to amend an act entitled An Act concerning the Nevada state library, providing for the administration and organization of the Nevada state library, repealing certain acts and parts of acts in conflict herewith, and other matters relating thereto, approved March 19, 1951.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 6 of the above-entitled act, being chapter 146, Statutes of Nevada 1951, at page 206, is hereby amended to read as follows:
Section 6. The state librarian shall serve as the executive officer of the Nevada state library, he shall administer all its activities and services, and he shall have the following powers and duties:
(1) To administer the state library, including the law and government library and the public and other departments, in accordance with law and good library practice.
(2) To select and purchase books, periodicals, pamphlets, films, and other library materials, supplies, equipment, and services.
(3) To purchase and exchange the Nevada compiled laws 1929, and supplements, or any other compilation or code of Nevada laws which may be hereafter published, with each of the state libraries of the United States in return for their legal compilations.
(4) To withdraw from the library collection and dispose of any items no longer needed.
(5) To borrow books from, lend books to, and exchange the same with other libraries.
(6) To enter into agreements with other libraries in the state for the improvement of library service.
(7) To submit a biennial report to the governor and the legislature of the condition, operation, and functioning of the state library.
(8) To designate the hours that the state library shall be open for the use of the public, but the library shall be open for at least 5 days in each week and for at least 8 hours in each day with the exception of legal holidays and to make and enforce all other rules and regulations necessary for the administration, government, and protection of the state library and all property belonging thereto.
(9) To accept and administer any gift or bequest to the state library.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1955 Statutes of Nevada, Page 901κ
Assembly Bill No. 130Messrs. Godbey, Jepson, Barr, Byrne, Irwin, Hanson and Harmon
CHAPTER 432
AN ACT to amend an act entitled An Act creating an industrial insurance commission; providing for the creating and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; providing that certain acts are crimes; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 59 of the above-entitled act, being chapter 168, Statutes of Nevada 1947, as last amended by chapter 220, Statutes of Nevada 1953, at page 292, is hereby amended to read as follows:
Section 59. Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in the course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation:
(a) If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:
(1) Burial expenses, not to exceed three hundred fifty dollars ($350), in addition to the compensation payable under this act. When the remains of the deceased is to be transported to a mortuary or mortuaries, and the distance is over fifteen (15) miles, the charge of their transportation shall be borne by the Nevada industrial commission subject to their approval.
(2) To the widow, if there is no child, fifty (50) per centum of the average wage of the deceased. This compensation shall be paid until her death or remarriage, with two years compensation, in one sum upon remarriage.
(3) To the widower, if there is no child, forty (40) per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with two years compensation in one sum upon remarriage.
(4) To the widow or widower, if there is a child or children, the compensation payable under clause (1) and clause (2), and the additional amount of fifteen (15) per centum of such wage for each such child until the age of eighteen (18) years. In case of the subsequent death of such surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to said surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he shall reach the age of eighteen (18) years; provided, that the total amount payable shall in no case exceed eighty (80) percent of such wage.
κ1955 Statutes of Nevada, Page 902 (CHAPTER 432, AB 130)κ
their compensation increased to the extent of the compensation theretofore paid to said surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he shall reach the age of eighteen (18) years; provided, that the total amount payable shall in no case exceed eighty (80) percent of such wage. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen (18) years, or if over eighteen years and incapable of self-support, becomes capable of self-support.
(5) If there be a surviving child or children of the deceased under the age of eighteen (18) years, but no surviving wife (or dependent husband), then for the support of each child until the age of eighteen (18) years, thirty (30) per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed ninety (90) per centum of such wages.
(6) If there be no surviving wife (or dependent husband) or child under the age of eighteen (18) years, there shall be paid:
(i) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, thirty (30) per centum of the average monthly wage of the deceased during dependency;
(ii) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, fifty (50) per centum of the average monthly wage of the deceased during dependency;
(iii) To each brother or sister until the age of eighteen (18) years if wholly dependent for support upon the deceased employee at the time of injury causing his death, thirty (30) per centum of the average monthly wage of the deceased during dependency; provided, however, that the aggregate compensation payable pursuant to (i), (ii) and (iii) herein shall in no case exceed eighty (80) per centum of the average monthly wage of the deceased during dependency.
(7) In all other cases, question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case exceed compensation for one hundred (100) months.
(8) Compensation to the widow or widower shall be for the use and benefit of such widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.
κ1955 Statutes of Nevada, Page 903 (CHAPTER 432, AB 130)κ
between them in such a way as it deems best for the interest of all dependents.
If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only fifty percent (50%) of the amount or amounts above specified.
(9) Any excess of wages over $200 a month shall not be taken into account in computing compensation for death benefits.
(10) In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.
(11) In case of the death of any dependent specified in the foregoing enumeration, before the expiration of the time named in the award, funeral expenses not to exceed three hundred fifty dollars ($350) shall be paid.
(b) Temporary Total Disability. During the period of temporary total disability, but in no event for more than one hundred (100) months, ninety (90) per centum of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional 15 per centum for each dependent, but no more than 90 per centum of the average monthly wage. Any excess of wages over $200 a month shall not be taken into account in computing such compensation.
(c) Permanent Total Disability. In cases of total disability, adjudged to be permanent, compensation of 65 per centum of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional 15 per centum for each dependent, but not more than 90 per centum of the average monthly wage. Any excess of wages over $230 a month shall not be taken into account in computing such compensation. In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of $50 per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of section 58 of this act.
(d) All compensation payments after June 30, 1955, to permanently totally disabled persons, widows, and dependents, by reason of injuries or death arising out of and in the course of employment of employees under the provisions of this act, as amended, shall be paid currently according to the rates provided by this act, as amended from time to time, whether the injury or death occurred before or after June 30, 1955, and the commission shall adjust current and lump-sum payments accordingly; provided, the rates of compensation shall not operate retroactively for any period before June 30, 1955, except in commutation of lump-sum payments.
Sec. 2. This act shall become effective on July 1, 1955.
________
κ1955 Statutes of Nevada, Page 904κ
Senate Bill No. 113Senators Slattery, Leutzinger, Frank and Wiley
CHAPTER 433
AN ACT to amend an act entitled An Act defining occupational diseases; providing for the creation and disbursement of funds for the compensation and care of workmen disabled by occupational diseases in the course of employment and the compensation of their dependents where such occupational disease results in death; making premium payments by certain employers compulsory; imposing the administration of this act upon the Nevada industrial commission; authorizing the Nevada industrial commission to make such rules and regulations as may be necessary; authorizing the Nevada industrial commission to invest the funds provided for; defining and regulating the liability of the employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 15, 1947.
[Approved March 29, 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 44, Statutes of Nevada 1947, at page 61, is hereby amended by adding thereto a new section to be designated as section 26.1, which shall immediately follow section 26 and shall read as follows:
Section 26.1. A separate fund of $100,000, to be known as the special silicosis fund, is hereby created by transferring that amount from the state insurance fund of the Nevada industrial commission, to be used for payment of compensation in case of silicosis arising under the following conditions:
1. No compensation shall be paid in case of silicosis, as defined in section 26 of this act, out of the special silicosis fund unless during the 20 years immediately preceding the effective date of this act the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in mines in Nevada.
2. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of permanent total disability, in accordance with the provisions of the Nevada industrial insurance act; provided, that the maximum compensation payable, exclusive of medical, hospital and nursing benefits for permanent total disability due to silicosis, shall not exceed the sum of $5,000; and, provided further, that hospital, nursing and medical benefits shall be limited to an amount not exceeding the sum of $1,250.
3. Claims for compensation provided by this section on account of silicosis shall be forever barred unless application shall have been made to the industrial commission within 6 months after the effective date of this section.
4. Where the employee is eligible to receive other compensation under this section, he shall not be entitled to compensation, medical, hospital, and nursing expenses or payment of funeral expenses out of the special silicosis fund. No employee who has received the full benefits as provided under this act shall be entitled to any further benefits under this section.
κ1955 Statutes of Nevada, Page 905 (CHAPTER 433, SB 113)κ
5. No person shall qualify for any benefits under this section unless he shall have actually and physically resided in the State of Nevada for an uninterrupted period of at least 20 years immediately preceding the effective date of this section.
6. When the time for filing claims for compensation under this section has expired, any moneys remaining in the special fund herein created shall immediately revert and be placed to the credit of the state insurance fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 402Joint Committee of State Institutions and Building and Construction
CHAPTER 434
AN ACT providing for the construction, furnishings and equipment of a womens cell-block, a security cell-block and personnel quarters at the Nevada state prison and purchase of equipment in connection with such construction; 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 warden of the Nevada state prison 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 construction, furnishings and equipment, at the Nevada state prison of a womens cell-block, a security cell-block and personnel quarters; 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 construction fund.
Sec. 3. 1. To provide the Nevada state prison 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 $120,000.
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 120, inclusive, and when retired shall be retired in the order of their issuance.
(c) Be signed by the governor and endorsed by the secretary of state and the attorney general, countersigned by the state controller and authenticated by the great seal of the State of Nevada.
(d) Bear interest at such rate as may be fixed by the commission, but such interest rate so fixed shall not be more than 3 percent per annum.
κ1955 Statutes of Nevada, Page 906 (CHAPTER 434, AB 402)κ
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 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 Nevada state prison construction fund herein created.
6. At least three 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 construction fund shall be used for any purpose or purposes other than to construct, equip and furnish a womens cell-block, a security cell-block and personnel quarters at the Nevada state prison and for equipment for use in such construction.
Sec. 5. The costs and expenses of the construction, equipment and furnishings, including supervision, technical assistance and inspection thereof, and of all the work and materials provided for in this act shall not exceed the sum of $120,000.
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, furnishings 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.
κ1955 Statutes of Nevada, Page 907 (CHAPTER 434, AB 402)κ
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 buildings, furnishings and equipment and payment therefor, the Nevada state prison 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 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. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 243Mr. Swackhamer
CHAPTER 435
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 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 196 of the above-entitled act, being section 10144, N.C.L. 1929, is hereby amended to read as follows:
Section 196. Obscene and Certain Crime Publications Prohibited.
1. Every person who-
(a) Shall sell, lend, or give away, or have in his possession with intent to sell, lend, give away or show any obscene or indecent book, magazine, pamphlet, newspaper, story paper, illustrated comic book, writing, picture, drawing, photograph, or any article or instrument of indecent or immoral character; or who shall design, copy, draw, photograph, print, utter, publish or otherwise prepare such a book, picture, drawing, paper or other article; or write or print any circular, advertisement or notice of any kind, or give oral information stating when, where, how or of whom such an indecent or obscene article or thing can be purchased or obtained; or,
(b) Shall sell, lend, give away or have in his possession with intent to sell, lend, give away or show to any child under 18 years of age, any illustrated comic book devoted to the publication, or largely made up of, or which, when read as a whole is concerned with or depicts criminal news, police reports, accounts of criminal deeds, pictures, drawings, photographs or stories of deeds of bloodshed, lust or crimes as enumerated below and as defined by the laws of this state and this act:
κ1955 Statutes of Nevada, Page 908 (CHAPTER 435, AB 243)κ
or crimes as enumerated below and as defined by the laws of this state and this act:
(1) Abortion (section 182).
(2) Administering poisons and other noxious substances (section 139).
(3) Arson (section 359).
(4) Assault (section 147).
(5) Assault with intent to commit a crime (section 148).
(6) Bribery of a public officer (section 46).
(7) Burglary (section 369).
(8) Carrying concealed weapons (section 303).
(9) Counterfeiting (sections 412 to 429).
(10) Crime against nature (section 194).
(11) Dispensing unlawfully narcotic drugs (section 278).
(12) Embezzlement (section 388).
(13) Forgery (section 388).
(14) Ghoulism and body snatching (section 210).
(15) Incest (section 193).
(16) Involuntary manslaughter (section 125).
(17) Larceny (section 373).
(18) Lewdness (section 195).
(19) Malicious mischief (sections 487 and 488).
(20) Obtaining money by false pretenses (section 439).
(21) Rape (section 177).
(22) Robbery (section 162).
(23) Selling liquor to minors (section 241).
(24) Selling opium (section 220).
(25) Voluntary manslaughter (section 123).
(26) Kidnaping (An Act defining kidnaping, establishing degrees thereof, providing penalties therefor, repealing certain prior acts and parts of acts inconsistent therewith, and other matters properly relating thereto, approved March 27, 1947).
(27) Conspiracy or attempt to commit any of the foregoing offenses.
(d) Shall exhibit within the view of any minor any of the books, papers or other things hereinbefore enumerated; or,
(e) Shall hire, use or employ, or having custody or control of his person shall permit any minor to sell, give away, or in any manner distribute any article hereinbefore mentioned; or,
(f) Shall cause to be performed or exhibited, or engage in the performance or exhibition of any obscene, indecent or immoral show, act or performance;
Shall be guilty of a gross misdemeanor.
2. Illustrated comic books as defined in this section shall include, but not be limited to, publications where the text is not prominently featured, but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters.
3. This section shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs used to illustrate such accounts; and this section shall not be construed to apply to legitimate, illustrated, historical accounts of crime and crimes.
κ1955 Statutes of Nevada, Page 909 (CHAPTER 435, AB 243)κ
accounts; and this section shall not be construed to apply to legitimate, illustrated, historical accounts of crime and crimes.
4. If any publication prohibited hereunder shall be displayed in any newsstand, book store, drug store, market, or other mercantile establishment, where the prohibited publications may be seen by any child under the age of 18 years visiting such establishment, such display shall be prima facie evidence that the person in charge of such establishment was then exhibiting the crime comic book or other prohibited publication and intended to sell, offer for sale, furnish or attempt to furnish such prohibited publication to a child or children under the age of 18 years in violation of this act, but it shall be competent for the defendant in such case to show that no such intention existed.
5. Each day that such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. If more than one publication prohibited hereunder shall be offered, exhibited, kept or displayed in violation of this act, at the same location by the same person, the offering, exhibiting, keeping or displaying of each separate publication prohibited hereunder shall constitute a separate offense and shall be punished as such hereunder. If two or more publications prohibited hereunder are furnished or sold at the same time by the same person, the sale or furnishing of each shall constitute a separate offense and shall be punishable as such hereunder.
6. If any provision of this section, or the application thereof to any person or circumstance is held invalid, the remainder of the section, and the application of such provisions to other persons or circumstances, shall not be affected thereby.
________
Assembly Bill No. 268Messrs. Christensen (Washoe), Nevin, Crawford, Byrne, Barr, Waters and Godbey
CHAPTER 436
AN ACT relating to the protection of health and safety of employees; creating a department of industrial safety, defining its duties and powers; providing penalties for the violation of its provisions; and other matters relating thereto; and repealing all acts and parts of acts in conflict herewith.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The department of industrial safety is hereby created, within the Nevada industrial commission, whose duty it shall be to supervise and regulate all matters relating to the protection of the health and safety of employees, as hereinafter defined, in conformity with the provisions of this act.
Sec. 2. The department of industrial safety shall be administered by the Nevada industrial commission.
κ1955 Statutes of Nevada, Page 910 (CHAPTER 436, AB 268)κ
by the Nevada industrial commission. A decision on any question arising under the terms of this act concurred in by two of the commissioners shall be the decision of the department.
Sec. 3. The Nevada industrial commission shall employ an accident prevention director, pursuant to the provisions of chapter 351, Statutes of Nevada 1953, who shall serve as executive officer for the department, and who shall be in charge of the office and other affairs of the department. He shall receive annually as compensation for his services such sum as may be fixed by the Nevada industrial commission.
Sec. 4. The department of industrial safety may employ such employees as in the opinion of the commission are necessary to enforce the provisions of this act. Any safety inspectors hired by the department shall have had at least 4 years practical experience in the field of construction or industry in which his services are required. The accident prevention director and other employees of the department shall not be financially interested in any business interfering with, or inconsistent with, their duties, and they shall give their entire time to the business of the department, and shall not pursue any other business or vocation or hold any other office of profit. No employee of the department shall serve on any committee of any political party.
Sec. 5. The department of industrial safety shall have a seal upon which will be the words Department of Industrial Safety, by which seal it shall authenticate its proceedings and orders; and all papers made under such seal shall be admitted in evidence without further authentication or proof.
Sec. 6. Subject to the approval of the Nevada industrial commission, the department shall adopt such reasonable and proper rules as are necessary to govern its procedures, and such reasonable and proper rules and regulations as are necessary to provide safe and healthy employment in those employments within its jurisdiction. Such rules and regulations shall be adopted and approved only after adequate and proper and legally publicized public hearings have been held on such rules and regulations. The department shall keep its office in Carson City, Nevada.
Sec. 7. The following terms, as used in this act, shall, unless a different meaning is plainly required by the context, be construed as follows:
1. The phrase place of employment shall mean and include every place, whether indoors or out, or elsewhere, and the premises appurtenant thereto, where, either temporarily or permanently, any industry, trade, work or business is carried on, or where any process or operation directly or indirectly related to any industry, trade, work or business is carried on, including all construction work, and where any person is directly or indirectly employed by another for direct or indirect gain or profit, but shall not include any place where persons are employed solely in household domestic service, or any place of employment concerning the safety of which jurisdiction may have been vested by law heretofore or hereafter in any other commission or public authority.
2. The term employment shall mean and include any trade, work, business, occupation or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture, including construction work, in which any person may be engaged, except where persons are employed solely in household domestic service.
κ1955 Statutes of Nevada, Page 911 (CHAPTER 436, AB 268)κ
business, occupation or process of manufacture, or any method of carrying on such trade, work, business, occupation or process of manufacture, including construction work, in which any person may be engaged, except where persons are employed solely in household domestic service.
3. The term employer shall mean and include every person, firm, voluntary association, corporation, officer, agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.
4. The term employee shall mean and include every person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time in any place of employment.
5. The term order shall mean and include any decision, rule, regulation, direction, requirement or standard of the department or any other determination arrived at or decision made by such department under the safety provisions of this act.
6. The term general order shall mean and include such order, made under the safety provisions of this act, as applies generally throughout the state to all persons, employments or places of employment, or all persons, employments or places of employment of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.
7. The term local order shall mean and include any ordinance, order, rule or determination of any board of supervisors, city council, board of trustees or other governing board of any county, city and county, city, or any school district or other public corporation, or an order or direction of any other public official or board or department upon any matter over which the department of industrial safety has jurisdiction.
8. The terms safe and safety as applied to an employment or a place of employment, shall mean such freedom from danger to the life or safety of employees as the nature of the employment will reasonably permit.
9. The terms safety device and safeguard shall be given a broad interpretation so as to include any practicable method of mitigating or preventing a specific danger.
Sec. 8. The department of industrial safety shall have full power, jurisdiction and authority over all employments not within the jurisdiction of the department of the mining inspector, public service commission, or other board or commission:
1. To declare and prescribe what safety devices, safeguards or other means or methods of protection are well adapted to render the employees of every employment and place of employment safe as required by law or lawful order.
2. To fix such reasonable standards and to prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, to be as nearly uniform as practical, as may be necessary to carry out all laws and lawful orders relative to the protection of the life and safety of employees in employments and places of employment.
κ1955 Statutes of Nevada, Page 912 (CHAPTER 436, AB 268)κ
to the protection of the life and safety of employees in employments and places of employment.
3. To fix and order such reasonable standards for the construction, repair and maintenance of places of employment as shall render them safe.
4. To require the performance of any other act which the protection of the life and safety of employees in employments and places of employment may reasonably demand.
5. The department may, upon application of any employer, or other person affected thereby, grant such time as may reasonably be necessary for compliance with any order, and any person affected by such order may petition the department for an extension of time, which the department shall grant if it finds such an extension of time necessary.
6. Whenever the department shall learn or have reason to believe that any employment or place of employment is not safe or is injurious to the welfare of any employee, it may, of its own motion, or upon complaint, summarily investigate the same, with or without notice or hearings, and, after a hearing upon such notice as it may prescribe, the department may enter and serve such order as may be necessary relative thereto.
7. To appoint advisers, and fix their compensation, who shall assist the department in establishing standards of safety, and the department may adopt and incorporate in its general orders such safety recommendations as it may receive from such advisers.
8. The department and any assistants appointed under the provisions of this act shall act as inspectors, with full power and authority to carry out and enforce the orders, standards and policies fixed by the department. The proprietor or operator of a place of employment, or any employee, believing himself unjustly aggrieved by any action or decision of one of the commissioners or assistant commissioners, may appeal to the department for a review of such act or decision, and shall be heard. Any person believing himself aggrieved by the ruling of the department or by the failure of the department to rule, shall be entitled to a review of the order or failure to act by the Nevada industrial commission. Any person believing himself aggrieved then by the ruling of the Nevada industrial commission shall be entitled to a review of the order or failure to act by a court of competent jurisdiction.
Sec. 9. Every employer shall furnish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein, and shall furnish and use such safety devices and safeguards, and shall adopt and use such practices, means, methods, operation and processes as are reasonably adequate to render such employment and place of employment safe, and shall do every other thing reasonably necessary to protect the life and safety of such employees.
Sec. 10. No employer shall require, permit or suffer any employee to go or be in any employment or place of employment which is not safe, and no such employer shall fail to furnish, provide and use safety devices and safeguards or fail to adopt and use methods and processes reasonably adequate to render such employment and place of employment safe, and no such employer shall fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees, and no such employer shall maintain any place of employment that is not safe.
κ1955 Statutes of Nevada, Page 913 (CHAPTER 436, AB 268)κ
processes reasonably adequate to render such employment and place of employment safe, and no such employer shall fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees, and no such employer shall maintain any place of employment that is not safe.
Sec. 11. No employer, owner or lessee of any real property in this state shall construct or cause to be constructed any place of employment that is not safe.
Sec. 12. No employee shall remove, displace, damage, destroy or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment, or interfere in any way with the use thereof by any other person, or interfere with the use of any method or process adopted for the protection of any employee, including himself, in such employment, or place of employment, or fail or neglect to do every other thing reasonably necessary to protect the life and safety of such employees.
Sec. 13. Every employer, employee and other person shall obey and comply with each and every requirement of every order, decision, direction, rule or regulation made or prescribed by the department in connection with the matters herein specified, or in any way relating to or affecting safety of employments or places of employment, or to protect the life and safety of employees in such employments or places of employment, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule or regulation.
Sec. 13.5. The department shall, within 60 days after the effective date of this act, promulgate and publish safety orders pertaining to electricity.
Sec. 14. Every order of the department, general or special, its rules and regulations, findings and decisions, made and entered under the safety provisions of this act, shall be admissible as evidence in any prosecution for the violation of any of the provisions, and shall, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement of safety, unless, prior to the institution of the prosecution of such violation or violations, proceedings for a rehearing thereon or a review thereof shall have been instituted and not then finally determined.
Sec. 15. Every employer, employee or other person who, either individually or acting as an officer, agent or employee of a corporation or other person, violates any safety provision contained in sections 9, 10, 11 or 12 of this act, or any part of any such provision, or who shall fail or refuse to comply with any such provision or any part thereof, or who, directly or indirectly, knowingly induces another so to do is guilty of a misdemeanor. In any prosecution under this section it shall be deemed prima facie evidence of a violation of any such safety provision, that the accused has failed or refused to comply with any order, rule, regulation or requirement of the department relative thereto.
Sec. 16. Each violation of the provisions contained in sections 9, 10, 11 and 12 of this act, or any part or portion thereof, by any person or corporation is a separate and distinct offense, and, in the case of a continuing violation thereof, each days continuance thereof shall constitute a separate and distinct offense.
κ1955 Statutes of Nevada, Page 914 (CHAPTER 436, AB 268)κ
or corporation is a separate and distinct offense, and, in the case of a continuing violation thereof, each days continuance thereof shall constitute a separate and distinct offense.
Sec. 17. Nothing contained in this act shall be construed to deprive the board of county commissioners of any county, or city and county, the board of trustees of any city, or any other public corporations or board or department, of any power or jurisdiction over or relative to any place of employment.
Sec. 18. All acts and parts of acts in conflict herewith, and particularly chapter 225, Statutes of Nevada 1919, at page 403, entitled An Act relating to the protection and health of employees and providing penalties for the violation of its provisions and other matters relating thereto, approved April 1, 1919, also designated as sections 2801 to 2811, inclusive, N.C.L. 1929, are hereby repealed.
________
Assembly Bill No. 497Committee on Ways and Means
CHAPTER 437
AN ACT appropriating $1,723,205 for the state distributive school fund and the aid to rural school fund for additional state support for the public schools of the State of Nevada.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For additional state support for the public schools of this state, in addition to any moneys otherwise appropriated or made available, for the period from January 1, 1955, to July 1, 1956, there is hereby appropriated from the general fund in the state treasury out of any moneys not otherwise appropriated the sum of $1,723,205. Of the moneys herein appropriated, the sum of $20,000 shall be credited to the aid to rural school fund and the sum of $1,703,205 shall be credited to the state distributive school fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 420Committee on Building and Construction
CHAPTER 438
AN ACT providing for landscaping and construction of outside facilities at the state childrens home; specifying the duty of the superintendent thereof; making an appropriation 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. There is hereby appropriated from the general fund in the state treasury, out of any moneys not otherwise appropriated, the sum of $13,000 for the purpose of landscaping and construction of outside facilities at the Nevada state childrens home and for the work, materials and equipment incident thereto.
κ1955 Statutes of Nevada, Page 915 (CHAPTER 438, AB 420)κ
sum of $13,000 for the purpose of landscaping and construction of outside facilities at the Nevada state childrens home and for the work, materials and equipment incident thereto. The superintendent of the Nevada state childrens home is charged with the duty of carrying out the provisions of this act.
Sec. 2. The superintendent is authorized to employ such artisans, workmen and laborers, as well as supervisory employees, as may be necessary, and is further authorized to purchase such materials, equipment and furniture as may be necessary, to carry out the provisions of this act.
Sec. 3. The funds hereby appropriated shall be paid out on claims as other claims against the state are paid. All claims, however, must first be approved by the superintendent.
Sec. 4. This act shall become effective on July 1, 1955.
________
Senate Bill No. 185Committee on Taxation
CHAPTER 439
AN ACT to amend an act entitled An Act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act, approved March 27, 1947.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 11 of the above-entitled act, being chapter 168, Statutes of Nevada 1947, as last amended by chapter 102, Statutes of Nevada 1953, at page 99, is hereby amended to read as follows:
Section 11. The term employee excludes:
(a) Any person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer.
(b) Any person engaged in household domestic service, as a theatrical or stage performer but not including employees of bona fide producers of motion pictures, farm, dairy, agricultural, or horticultural labor, or in stock or poultry raising, except as otherwise provided herein.
(c) All stockholders in corporations whose business is exclusively that of ranching, agricultural or farming, and who receive compensation for services rendered the corporation provided that the stock of the corporation is not dealt in on the market, or is not sold for the purpose of financing the corporation.
________
κ1955 Statutes of Nevada, Page 916κ
Senate Bill No. 205Committee on Judiciary
CHAPTER 440
AN ACT creating judicial districts in the State of Nevada; providing for the election of district judges therein; fixing their salaries; providing for their additional judicial duties as ex officio circuit judges and designating the powers and duties of the chief justice of the supreme court in connection therewith; making an appropriation; declaring certain acts to be a crime; repealing certain acts and parts of acts; 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. Judicial Districts; Number of District Judges.
1. The state is hereby divided into eight judicial districts, as follows:
First judicial district. The counties of Ormsby, Douglas, Churchill, Storey and Lyon shall constitute the first judicial district.
Second judicial district. The county of Washoe shall constitute the second judicial district.
Third judicial district. The counties of Eureka and Lander shall constitute the third judicial district.
Fourth judicial district. The county of Elko shall constitute the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye shall constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt shall constitute the sixth judicial district.
Seventh judicial district. The counties of White Pine and Lincoln shall constitute the seventh judicial district.
Eighth judicial district. The county of Clark shall constitute the eighth judicial district.
2. For each of the judicial districts, except the second and eighth judicial districts, there shall be one judge elected. For the second and eighth judicial districts there shall be three judges elected for each district.
3. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided by law.
Sec. 2. Judicial Districts With More Than One Judge; Concurrent Jurisdiction of Judges. In judicial districts where more than one judge has been provided for by section 1, such judges shall have concurrent and coextensive jurisdiction within the district, under such rules and regulations as may be prescribed by law, and the district judges therein shall have power to make additional rules and regulations, not inconsistent with law, which will enable them to transact judicial business in a convenient and lawful manner.
Sec. 3. Salaries of District Judges.
1. Until the end of the existing term for which the respective judges of the district courts have been elected, the annual salaries of the district judges provided for in section 1 shall be:
κ1955 Statutes of Nevada, Page 917 (CHAPTER 440, SB 205)κ
judges of the district courts have been elected, the annual salaries of the district judges provided for in section 1 shall be:
First judicial district......................................................................... $9,000
Second judicial district.................................................................... 7,200
Third judicial district........................................................................ 7,200
Fourth judicial district..................................................................... 9,000
Fifth judicial district......................................................................... 8,400
Sixth judicial district......................................................................... 9,000
Seventh judicial district................................................................... 9,000
Eighth judicial district...................................................................... 10,000
From and after the first Monday in January 1959, the annual salary of each district judge provided for in section 1 shall be $15,000.
2. All of the salaries shall be paid in monthly installments out of the district judges salary fund, which is hereby created in the state treasury and which shall be supplied in the following manner:
(a) From the moneys provided by direct legislative appropriation from the general fund, the state treasurer and state controller shall remit quarterly to the respective county treasurers a sum of money equal to such countys proportionate share of the money necessary to pay the judge or judges of its district their respective salaries for such quarter. Each countys proportionate share shall be based upon the number of counties within the judicial district of which such county is a part.
(b) Immediately upon receipt of the moneys provided for in paragraph (a) of this subsection, the respective county treasurers shall remit the same to the state treasurer and the state controller for deposit in the district judges salary fund.
3. No salary of any district judge shall be paid in advance.
Sec. 4. Acceptance of Gratuity in Connection With Marriage Unlawful. It shall be unlawful for any district judge, acting as district judge or ex officio circuit judge, to accept any fee, gratuity or any thing of value for or in connection with solemnizing any marriage in this state.
Sec. 5. District Judges to Perform Duties as Ex Officio Circuit Judges; Powers of Chief Justice to Expedite Judicial Business; Compensation of Circuit Judges.
1. The district judges provided for in section 1 shall also serve as ex officio circuit judges, and in that capacity shall perform such judicial duties as may be designated by the chief justice of the supreme court as hereinafter provided.
2. The chief justice of the supreme court shall seek to expedite judicial business and to equalize the work of the district judges, and shall provide for the assignment of any district judge to another district court to assist a court or judge whose calendar is congested, to act for a district judge who is disqualified or unable to act, or to sit and hold court where a vacancy in the office of district judge has occurred.
κ1955 Statutes of Nevada, Page 918 (CHAPTER 440, SB 205)κ
3. From the effective date of this act until the first Monday in January 1959, the district judges of the state, for their services as ex officio circuit judges, shall receive the following annual salaries:
First judicial district......................................................................... $6,000
Second judicial district.................................................................... 7,800
Third judicial district........................................................................ 7,800
Fourth judicial district..................................................................... 6,000
Fifth judicial district......................................................................... 6,600
Sixth judicial district......................................................................... 6,000
Seventh judicial district................................................................... 6,000
Eighth judicial district...................................................................... 5,000
4. Money to pay the salaries of the district judges for their services as ex officio circuit judges shall be provided by direct legislative appropriation from the general fund and shall be deposited in the district judges salary fund. Such salaries shall be paid in the same manner as salaries are paid for services as district judges. After the first Monday in January 1959, the district judges shall receive no salaries for their services as ex officio circuit judges.
Sec. 6. Appropriation.
1. For the biennium ending June 30, 1957, there is hereby appropriated from the state treasury out of any moneys not otherwise appropriated, for the payment of the salaries of district judges, the sum of $206,400.
2. For the biennium ending June 30, 1957, there is hereby appropriated from the state treasury out of any moneys not otherwise appropriated, for the payment of the salaries of district judges for their services as ex officio circuit judges, the sum of $153,600.
Sec. 7. Repeals.
1. The following acts and parts of acts are hereby repealed:
(a) Chapter 170, Statutes of Nevada 1929, at page 277, entitled An Act to create judicial districts in the State of Nevada, provide for the election of district judges therein, fix their salaries and compensation for expenses, and repeal all acts and parts of acts in conflict herewith, approved March 27, 1929.
(b) Chapter 209, Statutes of Nevada 1947, at page 693, entitled An Act to create judicial districts in the State of Nevada, provide for the election of district judges therein, fix their salaries and compensation for expenses, and repeal all acts and parts of acts in conflict herewith, approved March 31, 1947.
(c) Section 21 of chapter 19, Statutes of Nevada 1865, at page 113, entitled An Act concerning the Courts of Justice of this State, and Judicial Officers, approved January 26, 1865.
2. All other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 8. Effective Date. This act shall become effective on July 1, 1955.
________
κ1955 Statutes of Nevada, Page 919κ
Assembly Bill No. 499Committee on Ways and Means
CHAPTER 441
AN ACT appropriating the sum of $350,000 for the administration of the Sales and Use Tax Act by the Nevada tax commission for the period from the effective date of this act to June 30, 1957; 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. For the period from the effective date of this act to June 30, 1957, there is hereby appropriated from any moneys in the state treasury not otherwise appropriated the sum of $350,000 for the use of the Nevada tax commission in the administration of the Sales and Use Tax Act. The moneys herein appropriated shall be paid out on claims as other claims against the state are paid.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 277Committee on Taxation
CHAPTER 442
AN ACT to repeal an act entitled An Act limiting the power of the Nevada tax commission with respect to the issuance of gambling licenses during the 47th session of legislature of Nevada and for 30 days after adjournment sine die; and other matters properly relating thereto, approved January 31, 1955.
[Approved March 29, 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 2, Statutes of Nevada 1955, is hereby expressly repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 236Committee on Education and State University
CHAPTER 443
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 171 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 162, is hereby amended to read as follows:
κ1955 Statutes of Nevada, Page 920 (CHAPTER 443, SB 236)κ
Section 171. County School Fund: Sources and Use of Funds.
1. There is hereby created in each county treasury a fund to be designated as the county school fund.
2. The county school fund shall be composed of:
(a) All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools.
(b) All moneys received from the Federal Government for the maintenance and operation of public schools.
(c) Receipts from the sales of school property.
(d) Apportionments by the state as provided in section 179.
(e) Any other receipts, including gifts, for the operation and maintenance of the public schools in the county.
3. Moneys on deposit in the county school fund shall be used for:
(a) Maintenance and operation of schools.
(b) Payment of premiums for Nevada industrial insurance.
(c) Rent of schoolhouses.
(d) Construction, furnishing or rental of teacherages, when approved by the superintendent of public instruction.
(e) Transportation of pupils, including the purchase of new busses.
(f) School lunch programs, if such expenditures do not curtail the established school program or make it necessary to shorten the school term, and each pupil furnished lunch whose parent or guardian is financially able so to do pays at least the actual cost of such lunch.
4. Money on deposit in the county school fund, when available, may be used for:
(a) Purchase of sites.
(b) Purchase of buildings.
(c) Repair and construction of buildings.
Sec. 2. Section 173 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 163, as amended by chapter 350, Statutes of Nevada 1953, at page 642, is hereby amended to read as follows:
Section 173. Controller to Report School Securities. The state controller shall, on or before the first day of February, the first day of April, the first day of August and the first day of November of each year, make to the state board of education a statement of the securities belonging to the state permanent school fund. He shall also, on or before the first day of February, the first day of April, the first day of August and the first day of November of each year, render to the superintendent of public instruction a statement of the moneys in the treasury subject to distribution to the several districts of the state, as provided in section 179 hereof.
Sec. 3. Section 175 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 163, as amended by chapter 350, Statutes of Nevada 1953, at page 642, is hereby amended to read as follows:
Section 175. County Treasurer to Receive School Moneys Quarterly. All school moneys due each county in the state shall be paid over by the state treasurer to the county treasurers on the first day of August, the first day of November, the first day of February and the first day of April of each year or as soon thereafter as the county treasurer may apply for the same upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction, as provided in section 179 hereof.
κ1955 Statutes of Nevada, Page 921 (CHAPTER 443, SB 236)κ
April of each year or as soon thereafter as the county treasurer may apply for the same upon the warrant of the state controller drawn in conformity with the apportionment of the superintendent of public instruction, as provided in section 179 hereof.
Sec. 4. Section 177 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 163, is hereby amended to read as follows:
Section 177. Duties of County Treasurer-Duties of County Auditor-Penalties. It shall be the duty of the county treasurer of each county:
1. To receive and hold as a special deposit all public school moneys, whether received by him from the state treasurer or raised by the county for the benefit of the public schools, or from any other source, and to keep separate accounts thereof and of their disbursements; and
2. To pay over all public school moneys received by him only on warrants of the county auditor, issued upon orders of the several boards of school trustees for their respective school districts. All orders issued in accordance with law by the trustees shall be valid vouchers in the hands of the county auditors for warrants drawn upon such orders.
It shall be the duty of the county auditor of each county, on or before the tenth (10th) day of July, annually, to make full report to the superintendent of public instruction of the public school moneys received into the several school funds during the year ending June 30 next previous thereto, together with a particular statement of the disbursements of the school moneys and any balances remaining in the several funds, in such form as the reports of the superintendent of public instruction may require.
In case of the failure or neglect of any county treasurer or any county auditor to perform the duties required of him in this section, such county treasurer or such county auditor shall forfeit for the benefit of the county school fund of the county the sum of one hundred dollars ($100) from his official compensation; and it is hereby made the duty of the board of county commissioners, upon notification by the superintendent of public instruction of such failure or neglect on the part of the county treasurer or county auditor, to deduct one hundred dollars ($100) from the official compensation of such county treasurer or county auditor and to place the same to the credit of the county school fund of the county.
Sec. 5. Section 179 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 165, as last amended by chapter 350, Statutes of Nevada 1953, at page 642, is hereby amended to read as follows:
Section 179. Apportionment of State Distributive School Fund.
1. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils and the actual number of certified employees to which each school district is entitled for apportionment purposes. For making the apportionments now or hereafter authorized and directed to be made under the provisions of this act, average daily attendance shall mean the 6 months of highest average daily attendance for the current school year.
κ1955 Statutes of Nevada, Page 922 (CHAPTER 443, SB 236)κ
2. Immediately after the state controller shall have made his quarterly report, the state board of education shall apportion the state distributive school fund among the several counties of the state in the following manner:
(a) The minimum yearly requirements of each school district shall be determined, which requirements shall be the sum of:
(1) $4,000 per certified employee.
(2) $80 per pupil.
(3) $40 per kindergarten pupil.
(4) One-half of the cost of transportation during the previous year computed in a manner prescribed by the state board of education, but which computation shall not include the cost of purchase of new school busses. For the first year, one-half of the actual expenses during the preceding year shall be used, but if there was no actual expense for the prior year the budget estimate shall be used and adjustments made.
(5) Two hundred dollars ($200) per handicapped child as defined in section 108.01 hereof.
(b) The availability of local funds shall be determined, which funds shall be the sum of:
(1) The proceeds of the 70-cent local tax, computed as provided in section 179.1.
(2) One-half of the receipts during the previous year from all federal funds for maintenance and operation paid because of the existence of federally owned, tax-exempt property within the district.
(c) Apportionment computed on a yearly basis shall consist of the difference between the minimum yearly requirements as computed in paragraph (a) and the local funds available as computed in paragraph (b), but no school district shall receive less than one-half of the minimum yearly requirements.
(d) Apportionments shall be paid quarterly at the times provided in section 173, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) hereof. The first quarterly apportionment based on an estimated number of teachers and pupils and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final adjustment shall be made in the August apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.
3. Any teacher, principal or superintendent who shall knowingly report, cause to be reported, or permit to be reported, the presence of any pupil or pupils at schools, when such pupil or pupils were absent, or when school is not in session, shall forfeit his certificate or subject it to revocation, and the same shall not be restored or a new one granted within 1 year after such forfeiture or revocation. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be accredited with attendance during that period.
κ1955 Statutes of Nevada, Page 923 (CHAPTER 443, SB 236)κ
are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be accredited with attendance during that period.
Sec. 6. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 179.1, which shall immediately follow section 179 and shall read as follows:
Section 179.1. Duties of Nevada Tax Commission, Superintendent of Public Instruction.
1. The Nevada tax commission shall:
(a) Determine for each county each year the average ratio expressed as a percentage of assessed valuation of property to a true valuation of property by means of a sampling of the assessment practices or other proper method.
(b) Not later than July 1 of each year, publish and certify to the superintendent of public instruction the average ratio of assessed valuation to true valuation of property in each county and the state.
2. In computing the proceeds of a 70-cent mandatory uniform county school tax, the superintendent of public instruction shall:
(a) Divide the total assessed valuation of property of each county by the assessment ratio for that county.
(b) Multiply the quotient obtained in paragraph (a) by the state average ratio of assessed valuation to true valuation of property to obtain an adjusted assessed valuation for each county.
(c) Multiply the adjusted assessed valuation of property of each county by the 70-cent per $100 assessed valuation mandatory county school levy.
The product thus obtained is the adjusted yield of the 70-cent tax levy in each county and shall be used when computing state aid as provided in section 179.2.
Sec. 7. The above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, is hereby amended by adding thereto a new section to be designated as section 179.2, which shall read as follows:
Section 179.2. Taxes.
1. It shall be mandatory for each board of county commissioners to levy a 70-cent tax on each $100 of assessed valuation of property within the county, which taxes shall be used by school districts for maintenance and operation of the public schools.
2. Each board of county commissioners shall levy, when recommended by the county board of trustees, or the board of trustees of a joint school district, in addition to the mandatory tax provided in subsection 1, an additional tax of not to exceed 80 cents, exclusive of taxes levied for debt service, for the support of the public schools in each school district.
Sec. 8. The following sections of the above-entitled act, being chapter 63, Statutes of Nevada 1947, at page 91, are hereby expressly repealed: Sections 123, 124, 125, 131, 132, 141, 180, 181, 181.01, 181.02, 181.03, 181.04, 181.05, 182, 183, 184, 185, 186, 187, 188, 189, 194, 201, 202, 203, 204, 205, 227, 228, 229, 230, 231, 232, 233, 234 and 235.
κ1955 Statutes of Nevada, Page 924 (CHAPTER 443, SB 236)κ
Sec. 9. This act shall become effective July 1, 1956 with the exception of section 6 which become effective July 1, 1957.
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Senate Bill No. 279Committee on Finance
CHAPTER 444
AN ACT to fix the state tax levy for the period from January 1, 1955, to June 30, 1955, inclusive, and for the fiscal years commencing on July 1, 1955, and July 1, 1956, and to distribute the levy to the proper funds.
[Approved March 29, 1955]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the period from January 1, 1955, to June 30, 1955, inclusive, an ad valorem tax of 69 cents on each $100 of taxable property is hereby levied and shall be collected to the extent of one-half thereof as provided in section 70 of chapter 344, Statutes of Nevada 1953, as amended by chapter 13, Statutes of Nevada 1954, for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 1 cent; general fund, 67 cents.
Sec. 2. For the fiscal year commencing July 1, 1955, an ad valorem tax of 42 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 1 cent; general fund, 40 cents.
Sec. 3. For the fiscal year commencing July 1, 1956, an ad valorem tax of 39 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation, which shall be apportioned by the state controller among the various funds of the state as follows: Contingent university fund, 1 cent; consolidated bond interest and redemption fund, 1 cent; general fund, 37 cents.
Sec. 4. This act shall become effective upon passage and approval.
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